Deciphering article content and maintenance. We understand what is included in the maintenance of an apartment building. What affects the amount in payments

06.10.2021

Every month, receiving a paper for paying utility bills, many are interested in what the item “Payment for housing maintenance” means.

To understand what a citizen pays for, you should familiarize yourself with what is included in the maintenance and repair of housing in the receipt in 2019.

In accordance with Russian law, payment for the maintenance of residential premises is calculated in accordance with the Housing Code, this paragraph is provided for in Article 154.

The payment should include amounts for the maintenance and current repairs, as well as the overhaul of an apartment building.

The list of services includes overhaul and maintenance of the common area in good condition. There are no questions regarding the repair work, but the concept of "Maintenance" of the house requires a detailed explanation.

House maintenance is understood as the comprehensive provision of services and works regarding the maintenance of the common property of an apartment building, maintenance of common communications, devices and communications of an apartment building, which are performed throughout the entire life cycle of the building constantly or at intervals established by regulatory documents.

The main goal of such events is to maintain the safety and proper sanitary and hygienic condition of the house, namely:

The list of the above services is only the main part of the services that must be provided to residents of an apartment building under the item of payment for housing maintenance.

Changes and additions are periodically made to the complete list, the decision on them is made at the general meeting of residents.

Representatives of the housing and communal services must be present at such an event to draw up a protocol, which comes into force after it is signed by authorized employees of the management company and representatives from residents of a multi-storey building.

All tariffs for the maintenance of housing must be agreed with the owners of apartments - residents of the house.

In practice, it happens that management companies act illegally and set tariffs themselves, without holding general meetings. But each apartment owner has the right to check the tariffs at which prices are set for the services provided.

If the receipt has a separate line “current repairs”, then you need to understand what is included in this payment.

Typically, these services include the following:

repair of gas equipment that is inside the house;
restoration work of various structural elements of the building;
scheduled maintenance of engineering systems and equipment.

All of the above services are paid by tenants, depending on the size of their share in the property, which belongs to all owners of apartments in the building. The amount of the fee is set at the general meeting.

To independently calculate the payment, it is necessary to multiply the value of the current tariff by the square of your own apartment.

There is a list of seasonal work that should be carried out by management organizations.

They are included in the payment of services for the maintenance of housing in an apartment building:

A complete list of seasonal work must be spelled out in contracts that are concluded between residents and management organizations.

Tariffs for payment are formed by the owners of the housing stock. If citizens live in a municipal building, then the payment also includes a mandatory payment for renting housing.

As a consequence, this payment includes the implementation of repair work, the purchase of building materials and the implementation of measures to maintain the house in good condition.

At the same time, when receipts come to residents of municipal buildings, they should not contain the line “Major repairs and maintenance of housing”.

Since these services are paid by the owner of the house or the organization that owns it. The tariff is calculated separately for each group of services - the cost of overhaul, work to maintain a residential building in proper condition is determined.

Works such as garbage collection or elevator cleaning are included in the list of services that are indicated in the line "Repair and maintenance of housing", so you do not need to pay separately for them.

If a violation of such a rule is found, then it is necessary to hold a general meeting and require authorized employees of the managing organization to remove this line from the receipt.

If the service of electric lighting of common areas is rendered separately, then in the line "Maintenance and repair of housing" an amount in a smaller amount should be indicated.

The procedure for establishing payment for the owners of residential premises for the maintenance of housing is established by Article 156 of the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation No. 491 of 2006.

These documents regulate that the amount of payment for the maintenance and repair of the dwelling of the owners who have chosen the method of management - the managing organization, the tariffs for the repair and maintenance of housing is set at the general meeting of the owners of this house for a period of at least 1 year.

At the same time, the proposals of the managing organization regarding the list, volumes and quality of services and works are taken into account. Particular attention is paid to the composition, design features, the degree of physical wear and tear and the technical condition of the common property of a particular house.

No less relevant is the question of who sets the tariff for municipal buildings and citizens who could not decide on the method of management.

In this case, the tariff for the maintenance of housing is established by local governments.

Since wages are often not enough to make all payments, citizens have a question whether it is possible not to pay for the maintenance and repair of housing.

According to the Housing Code, after the amendments are made, apartment owners have no choice but to pay for current and major repairs. Payment for repairs and maintenance is a mandatory payment, it is included in the single payment.

If citizens evade payment, they face fines. In addition, management companies are taking measures to stop this process:

Lists of non-payers are posted on bulletin boards and published in local newspapers.
Article 155 of the Housing Code provides for the imposition of a fixed penalty for late payment of all types of utilities.

If the management company performs work poorly or untimely, then the repair fee should be changed downwards.

After discovering such a violation within six months, homeowners may submit a written application to request a reduction in fees.

After receiving such a statement within two days, the recipient must unsubscribe, indicating the date of receipt of the letter, registration number and his decision.

In case of refusal, the administration must explain the reasons. Payment for ongoing repairs is reduced due to the deduction of working days when it was idle.

It is important for each owner of a dwelling to understand the difference between contributions for major repairs, maintenance and repair of housing.

According to Article 154 of the Housing Code of the Russian Federation, payment for the maintenance and repair of a dwelling includes payment for services and work related to the management of an apartment building, maintenance and current repairs of common property in such a house, and a number of other services.

All services provided by the management company can be found in the apartment building management document.

With regard to capital repairs, an additional obligation has appeared for residents of apartment buildings in Russia - to pay contributions from future capital repairs.

To pay the fee, you need to transfer funds to the account of the operator of the given region or a special account for the house, it all depends on which method of saving for major repairs the residents have chosen.

Thus, the improvement of the house directly depends on the money of its residents.. Therefore, they have the right to take part in setting tariffs, receive information about the work carried out by the managing organization and compliance with the relevant deadlines.

The list of services and works that are included in the maintenance of housing and their cost are indicated in the document for the management of an apartment building.

Video: Housing maintenance - what do we pay for?

Every month, receiving a receipt for payment of housing and communal services, many ask the same question. What does the item "maintenance of housing" mean?

Now let's try to find out what this concept is, and also find out what is included in the concept of "housing maintenance".

First of all, it is worth saying that this issue is regulated by the Housing Code. The very concept of housing maintenance is a payment for various minor repairs, as well as major repairs of a multi-storey building.

In another article on our website, we answered,.

What does maintenance services for property in an apartment building include?

Let's look at the main list of services that are included in the maintenance of housing.

Inspection of the premises by special services that are responsible for security. These can be fire brigades, rescuers, elevator operators and many others.
Proper lighting of all rooms. In fact, this condition is rarely met, and the residents themselves purchase light bulbs and put them in the entrances. But it is important to understand that for this you can simply contact the local housing and communal services authorities with a complaint about poor lighting in a particular place in the house.
Cleaning. This includes not only cleaning the areas around the apartment building, but also cleaning in the house itself, in public areas. For example, in stairwells.
Timely disposal of waste.
Providing home repairs.

This is the main list of services that are included in the maintenance of housing. Unfortunately, very often they are not performed properly. But you need to understand that every citizen can write a complaint on a particular item. In this case, the housing and communal services authorities will have to fulfill their functions and account for the work done.

In addition to the basic services, additional services may also be included in the payment. Alternatively, some of the essential services may be excluded.

All this is done at a joint meeting of tenants of an apartment building. This meeting should be attended not only by the residents themselves, but also by local representatives from the housing and communal services. At the meeting, the issue of what will be included in the wholesale for the maintenance of housing is discussed. For example, people can refuse to clean their house and clean everything themselves.

It is important to understand that it is at such meetings that the tax is formed, which in the future the tenants themselves will pay. Unfortunately, such gatherings are quite rare. And if there is no assembly, then there are no negotiated norms. In this case, the housing and communal services themselves can set any tariff and pay for any services provided. But in fact, no one will know what he pays for, which means that it is not necessary to provide services.

Such cases are ubiquitous. People overpay and at the same time they themselves are engaged in the maintenance of housing. And I must say that this happens only because of the negligence of the tenants. After all, if they appoint a meeting and inform the local housing and communal services authority, then the latter will be obliged to send an employee to the meeting and listen to the wishes of the residents.

How are tariffs for its payment formed?

So, now it is worth talking about the formation of tariffs. First of all, it must be said that the owners of apartments that are part of state or municipal property must pay an additional tax, it is called rent.

At the same time, they do not have to pay, for example, for the repair of a multi-storey building. This is due to the fact that payment for such types of work falls on the shoulders of the homeowner, that is, on the state or municipal authorities.
Now let's consider how the structure for housing maintenance is formed.

Pay per hire. As already mentioned, such a tax is paid exclusively by people who have not privatized their apartments, which means that they are in municipal or state ownership. It should also be said that according to this line in the receipt, you can easily determine whether the apartment has been privatized or not.
Repair payment. This, in theory, includes the repair of residential premises.
Payment for maintaining cleanliness and order in common areas. This includes both small components, such as lighting, and large ones, such as major repairs.
Paying for major repairs. But here it must be said that this item is included in the concept of "housing maintenance", only in apartment buildings. If this is included in the tax on the maintenance of housing, for residents of the private sector, then this is already a violation.

Speaking of violations. If the receipt, which is brought monthly, will indicate one of the above items separately, then this is a gross violation. Or any other item regarding cleaning, garbage disposal or repairs, this is all a violation.

This is considered a violation because all these points must necessarily be combined into one point - payment for the maintenance of housing.

In cases where a citizen finds a violation, it is necessary to contact the housing and communal services authorities or the tax service. In theory, they must take action and correct the violation by issuing new receipts to all tenants.

But in practice, when you come to the housing and communal services, you can hear something like: “We don’t have enough money that goes into the housing maintenance point, so we have to write additional points so that we can pay wages to workers, and they, accordingly, can do your job properly." You can write .

In this case, you can also go to court. This can be done by one tenant or all tenants at once by putting their signatures. Ideally, get a written refusal to correct the violation from an authorized person. But this is rarely possible, since everyone understands that this is really a violation.

The problem is that these amounts are often not so critical, and people simply do not have the time and desire to figure everything out. Therefore, most simply pay for all additional services. But here it is, where does this money go?

Now let's go over a few more items that are often included in housing costs.

Is the intercom included?

Here the question is quite controversial. The intercom must be installed, and then serviced, repaired, and so on. Someone has to pay for this, and this someone is the tenants.

Here everything can be divided into two options.

The intercom was installed by government authorities. It is quite a rarity when government agencies install such devices in homes. But if the tenants at the meeting turned to the representative of the housing and communal services and he agreed to install an intercom in an apartment building, then in the future, its maintenance will be included in the maintenance of housing.
The intercom was installed by the residents themselves. This happens in the vast majority of cases. One or several enterprising tenants collect a certain amount from everyone and install an intercom. Further, once every half an oda or a year, they collect money for the maintenance of this device. In this case, the intercom cannot be included in the article "payment for the maintenance of housing", because in fact, state bodies are not involved in this issue.

The most common problem is when residents themselves install an intercom, pay for the service themselves. At the same time, they do not even suspect that they are also paying for the service to the state.

Unscrupulous workers, seeing an intercom in the house, can include it in the tax. The inspection bodies simply will not figure out who installed it and for whose money. And the residents themselves will not even notice the difference, because the amount is very small.

Garbage output

Garbage disposal is a different story.

There are only three situations.

Garbage is taken out, while the tenants specifically do not pay for it. These are the names of the situation, which should be. Garbage removal should be included in the maintenance fee. That is, it cannot go as a separate item on the receipt. There are times when residents refuse to take out the garbage at meetings, but this requires a reason.
If tenants refuse to take out the garbage and want to hire a private company for the removal. To do this is quite simple. For example, the house is located on the outskirts of the city, and city garbage collectors very rarely reach the house. Residents can simply collect signatures and refuse to export, taking care of the issue on their own.
The garbage is taken out, while the tenants pay for it according to the receipt. Most don't even pay attention to it. The amounts are indicated specially small, so that no one goes anywhere to figure it out. But, as they say: “From the world on a string…”, - and in the end a large amount comes out. But such a situation should not be, it is a gross violation.

housing and communal services

Everything is rather complicated here. It is necessary to understand what is included in the article on paying for the maintenance of housing in a particular house. In fact, payment for housing and communal services is, to some extent, payment for maintenance.

But this state body often violates the norms and exceeds its powers. Therefore, it is necessary to deal with each case after the fact.

What seasonal work included in the payment for maintenance of housing in an apartment building should be carried out by management organizations?

It is simply impossible to ignore the issue of seasonal work.

Let's look at the entire list so that every citizen can know what he pays taxes for.

Roof repair.
Gutter repair, ventilation and the like. This can also include repair of the garbage chute.
Repair, installation, strengthening of railings. This includes the repair of steps, as well as visors at the exit from the entrance.
Door and window repair. Replacement of glass, doors, as well as the replacement of components.
Care of the territory adjacent to the house. Painting fences, gates, removal of branches, leaves, snow removal and the like.
Landscaping.
Playground maintenance. This includes maintenance of sports grounds.
24/7 emergency service.
Watering paddocks, flower beds and the like.

You need to understand that the entire list of works should be similarly described in the contract, which is drawn up at meetings of residents and representatives of housing and communal services. From this list, you can either remove some items (not all), or add a few other items.

Summing up, it is worth saying that paying for the maintenance of housing is not an easy issue. It has many pitfalls, as well as controversial points. In any case, you need to know what to pay for. Ideally, every citizen should familiarize himself with the contract that is concluded between the residents and the housing and communal services.

And of course, you must not forget to look at the receipts, reading all the items, and not just the “Total” line.

If violations are found, this issue must be addressed immediately.

Also, it is very important to regularly hold community meetings. If it will be attended by as many citizens living in the house as possible, then you should not be afraid that you will have to throw money away, paying for services that are not provided.

It is also important to understand that for privatized apartments and for apartments that are in state or municipal ownership, there are different systems for calculating taxes.

Among utility bills, owners have some questions about those that indicate “housing maintenance”: namely, what is included in this concept. A detailed answer to the question is given in the article.

First of all, it is necessary to analyze the requirements of the current legislation. The main document regulating the sphere of housing and communal services is the Housing Code. Article 154 states that each owner, as well as the tenant (meaning a citizen who has entered into a social contract of employment) must pay not only for the utilities themselves, but also for the maintenance of the premises.

The same article provides a detailed description of what exactly the concept includes:

home management;
maintenance, as well as repair work on common property;
payment for all types of utilities (electricity, water supply, heating, sanitation)

That is, in essence, we are talking about the costs that are associated with property related to common ownership, as well as with the management of the entire house. At the same time, directly the maintenance (physically) of the house is handled by the management company with which each owner enters into an agreement (usually the choice of the company is made on).

Since the code, like any other federal law, provides only general guidelines and does not specify a specific list of works to maintain common property in order, it is important to pay attention to other documents. Of particular importance is the Methodological Guide, which reveals and details the concept, and also indicates what exactly is included in it.

The structure of work is conditionally divided into 2 blocks - the maintenance of common property and its current repair. In particular, the Management Company is obliged to:

carry out technical supervision, monitoring the condition of all facilities at regular intervals;
prepare all facilities for the warm and cold seasons in accordance with the schedule;
maintain the proper sanitary condition of the house and the area around it (cleaning, washing the entrance, windows, etc.);
immediate elimination of the emergency and its consequences.

The terms of elimination are indicated in the table.

And here is a table with standards for maintaining sanitary order in an apartment building.

Schematically, everything that is included in the concept can be represented as follows:

Detailed list of services

actual maintenance of the property (walls, roofs, windows, etc.)
maintenance of communication networks and devices. A simplified description is provided below.

This group includes the following works:

removal of remnants of damaged finishes from the walls;
removal of snow and ice from the roof;
closing the entrance to the attic and basement, other premises;
drain cleaning (pipe for drainage from the roof);
treatment of wooden elements with antiseptics;
garbage bin maintenance;
maintenance of all elements of the porch;
maintaining the normal condition of doors and windows;
insulation of openings if necessary (old doors and windows).

Maintenance

Engineering networks and all technical facilities that ensure the life of an apartment building are serviced:

conservation, flushing and pressure testing of the heating system;
cleaning the ventilation system;
insulation of pipelines;
replacement of all defective lamps;
24-hour emergency service for elevators;
taking meter readings that track general house expenses;
removal of garbage from the garbage chute and its disinfection;
sanitary work (cleaning, washing, etc.).

Troubleshooting

This refers to the following works:

replacement of small sections of any water pipes (no more than 200 cm);
elimination of blockage;
liquidation of a leak;
welding work - if necessary;
repair of electrical panels;
pumping water from basements;
other work that must be performed to immediately eliminate the consequences of the accident.

It is important to understand that a specific list of services - i.e. that work may be different in each case. Information must be specified in the contract concluded with the Management Company. A sample contract is available on the organization's website or directly at the office. It can also be found at the head of the house or other representatives of the owners.

With this article, AKATO continues the series of publications devoted to debunking. These myths (or false theories), according to AKATO experts, are detrimental to the housing and communal services of Russia, contribute to the growth of social tension, the development of "" between consumers and utility service providers. Articles of the cycle are recommended not only for specialists in the housing sector, but primarily for consumers of housing and communal services (HCS). A complete list of articles in the Myths of Housing and Public Utilities series is available

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This article discusses the myth about the incorrect procedure for calculating the cost of the service "maintenance of living quarters", namely: the inadmissibility of using the area of an apartment in the calculation.

The essence of false theory

Article 158 of the Housing Code of the Russian Federation (LC RF) establishes:
«
».

From the above norm, it is concluded that when calculating the payment for the maintenance of housing, the tariff set in rubles per square meter should be multiplied not by the area of \u200b\u200bthe premises owned, but to the area of the payer's share in the common property.

The logic is clear - since we are talking about the maintenance of common property, about paying expenses in proportion to the share in this common property, then the tariff should be multiplied by the area of \u200b\u200bthis very share in this very common property.

Maintenance Cost Calculations

To understand the fundamental difference between the accepted calculation method and the method proposed by the theory under study, we give an example:

Take a typical five-story apartment building. Let the area of the premises in the property be 3000 square meters, the number of apartments will be 60, the area of each apartment is 50 square meters (total 60 X 50 = 3000). The area of common premises of the MKD will be taken equal to 450 meters. Let the tariff for housing maintenance be 15 rubles per square meter.

We will carry out the calculation according to the method used and according to the rules of the theory under consideration. For clarity, we present the calculation in the table:

As can be seen from the above example, the calculation by the method of supporters of the theory under consideration gives a significantly lower result. This, in fact, is the main reason why the number of supporters of such a false theory is growing at a significant pace.

Maintenance tariff calculation

To understand the essence of the maintenance tariff, consider the procedure for its calculation.

So, first, a list and frequency of maintenance work and services is determined. Of course, this list cannot be less than the "Minimum List" approved by RF GD dated April 3, 2013 N290. Now we will not analyze in detail the issue of the composition of services, since the pseudo-theory under consideration does not affect it.

Next, the cost of each work and service included in the generated list is estimated, by summing up the total cost of the list of works is found. It should be noted here that the list of works is set for a year. It is the calculated amount that will be the total cost of work and services under the management agreement (when managing the house by the managing organization), or the estimated cost (when managing the house of the HOA).

Why is the annual fee important? The fact is that different types of work can be carried out at different times of the year. For example, heating systems are washed in summer, seams are sealed, icicles are knocked off in winter, etc. These are different types of work, and their cost will be different, that is, the costs in different specific months, in different periods of the year will be different. And the tariff for housing maintenance for at least one year should be the same - part 7 of article 156 of the LC RF sets: " The amount of payment for the maintenance of a dwelling in an apartment building ... is established for a periodnot lesshowone year».

Therefore, first calculate the amount required for the year, the annual amount received (and it includes the maintenance of pipes, and the maintenance of common premises, and maintenance of the land, and cleaning of entrances, and sprinkling with anti-icing materials, and repair of all types of common property, etc. ., etc.) must be converted into a monthly payment from each specific apartment. Moreover, in such a way that the total amount presented for payment to the owners during the year is exactly equal to the calculated annual estimate.

Currently, the following method is used: the annual amount is divided by 12, the result is the monthly amount. The resulting monthly amount is divided by the area of the premises in the property, thus obtaining a tariff for maintenance.

The false theory considered in no way disputes this procedure for calculating the tariff, the adherents of the theory do not agree only that in order to determine the cost of maintenance services for a particular apartment, the specified tariff is multiplied by the area of this apartment.

Let's return to our example and show where the tariff of 15 rubles per square meter per month came from.

So, the total cost of services and maintenance work is estimated at 540,000 rubles per year, per month it will be 540,000/12 = 45,000 rubles. We will divide the received monthly cost of services by the area of premises owned: 45,000 / 3,000 = 15. This is exactly the same tariff of 15 rubles per square meter per month.

Recall that the specified order of calculation is not disputed by supporters of the theory!

Now let's calculate how much money an organization providing services for the maintenance of common property has the right to receive, based on the calculation method currently used and based on the method proposed by the theory under consideration:

Applied Method

The method proposed by the theory

750 rubles.

750 X 60 = 45,000 rubles.

45,000 x 12 = 540,000 rubles.

1) The cost of housing maintenance, monthly presented for payment to the owner of one apartment:
112.5 rubles.

2) The cost of housing maintenance, monthly presented for payment to the owners of all MKD apartments:
112.5 X 60 = 6750 rubles.

3) The cost of housing maintenance, presented for payment to the owners of all MKD apartments for the year:
6750 x 12 = 81 000 rubles.

As can be seen from the above example, the amount of funds presented for payment to the owners of the premises of the house for the year, according to the currently accepted method, is 540 thousand rubles, which corresponds to the calculated annual cost of services, but the result of the calculation in accordance with the theory is the amount of 81 thousand rubles with the same annual estimated cost of services 540 thousand rubles. Who should pay for the missing 459,000 rubles? The authors of the theory do not provide answers to this question. The only assumption that arises is that, from the point of view of adherents of the theory, the indicated funds should be paid by the person providing services for the maintenance of common property. At the same time, of course, neither the quality nor the quantity of services should be reduced.

Calculation options

Let's try to apply the method of the proposed theory, while changing the procedure for calculating the tariff for maintenance. Namely: we will divide the monthly cost of services for the maintenance of 45,000 rubles, established in the example, not by the area of the premises in the property, but by the area of \u200b\u200bcommon use premises. After all, if the theory proposes to multiply the tariff by the share of the area of premises in the common property, then when calculating the tariff it seems reasonable to use the area of premises in the common property. Recall that in our example, the total area of apartments is 3000 square meters, and the area of \u200b\u200bcommon areas is 450 square meters. To calculate the tariff, which can be applied in the method proposed by the theory, we divide the calculated amount of 45,000 rubles not by 3,000 square meters, but by 450 square meters: 45,000 / 450 = 100. That is maintenance tariff will be 100 rubles per square meter!

Now let's compare the two calculation methods, taking into account the different approach to the calculation of the maintenance tariff:

Applied Method

The method proposed by the theory

3000 sq. meters (50 sq. meters X 60 apartments)

45 000 / 3 000 = 15 rubles/sq.m per month

6) The cost of maintenance from each apartment (area 50 sq.m):

15 X 50 = 750 rubles per month

7) The total cost of maintenance to be paid to apartment owners per month:

750 rub. X 60 apartments = 45,000 rubles

8) The total cost of maintenance to be paid to apartment owners per year:

45000 rub. X 12 months = 540,000 rubles

1) The cost of services for the maintenance of the OI MKD for the year is 540,000 rubles

2) The cost of services for the maintenance of the OI MKD per month: 540,000/12=45,000 rubles

3) Total area of premises owned:
3000 sq. meters (50 sq. meters X 60 apartments)

4) The area of common areas is 450 square meters

5) Tariff for housing maintenance (in rubles per square meter per month):
45 000 / 450 = 100 rubles/sq.m per month

6) The share of the owner of each apartment in the common property:
50/3000 = 1/60;

7) The area of the share of the owner of each apartment in the common property:
1/60 X 450 = 7.5 square meters;

8) The cost of maintenance from each apartment:
100 X 7.5 = 750 rubles per month

9) The total cost of maintenance to be paid to apartment owners per month:
750 rub. X 60 apartments = 45,000 rubles

10) The total cost of maintenance to be paid to apartment owners per year:
45000 rub. X 12 months = 540,000 rubles

As you can see, the calculations for both methods coincided! But the result of the calculation according to the method of the considered theory will be correct only if the tariff is applied not 15 rubles per square meter per month, but 100!

However, supporters of the theory absolutely do not agree that the area of common areas should be used to calculate the tariff - after all, the purpose of their reasoning is not to search for the truth, but to prove in any way that the housing maintenance fee is too high! And the arguments can be completely absurd, the system of evidence may be contrary to logic, and the initial data for building this system may absolutely not correspond to either legislation or common sense.

Nevertheless, having applied an alternative method for calculating the tariff for maintenance, having carried out the calculation according to the method proposed by the theory under consideration (by the way, the calculation is more complicated than that used now - false theorists always offer complex calculations to minimize the possibility of understanding them!), it seems to be possible to admit that such a method has the right to exist - after all, the final figures coincided. However, this is actually not the case!

The failure of the theory

The most important argument against the theory under consideration lies in the unreasonableness of the choice as a quantitative indicator share area in common property!

At first glance, it seems reasonable that if we are talking about common property, then the calculation can be carried out based on the area of \u200b\u200bthe premises that are part of the common property, calculating the area of the share of owners of specific apartments. However, a number of circumstances must be taken into account.

Part 1 of Article 36 of the LC RF sets: " The owners of premises in an apartment building own the common property in an apartment building on the basis of common shared ownership, namely:
1) premises in this house that are not part of the apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are engineering communications, other equipment serving more than one room in this house (technical basements);
2) other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure, cultural development, children's creativity, physical culture and sports, and similar events;
3) roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room;
4) the land plot on which this house is located, with elements of gardening and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning».

As can be seen from the cited norm, the common property of the house includes not only common areas, but also a land plot, roofs, various structures, mechanical, electrical, sanitary and other equipment. That is, common property cannot be measured in some universal units of measurement! The area of premises and land can be measured in square meters; the volume of pipes can be measured in cubic meters; fasteners can be measured in kilograms, etc. etc.

The rules for maintaining common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N491, additionally establish:
« 2. The composition of common property includes:
a) premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or) non-residential premises in this apartment building (hereinafter referred to as common areas), including inter-apartment landings, stairs, elevators, elevator and other mines, corridors, wheelchairs, attics, technical floors (including built-in garages and platforms for motor vehicles built at the expense of the owners of the premises, workshops, technical attics) and technical basements in which there are engineering communications, otherwise serving more than one residential and (or) non-residential premises in an apartment building equipment (including boiler rooms, boiler rooms, elevator units and other engineering equipment);
b) roofs;
c) enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other load-bearing structures);
d) enclosing non-bearing structures of an apartment building serving more than one residential and (or) non-residential premises (including windows and doors of common areas, railings, parapets and other non-bearing enclosing structures);
e) mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential and (or) non-residential premises (apartments);
f) a land plot on which an apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with landscaping and landscaping elements;
g) other facilities intended for maintenance, operation and improvement of an apartment building, including transformer substations, heating points intended for servicing one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot on which the apartment building is located .
…
5. The composition of the common property includes in-house engineering systems of cold and hot water supply, consisting of risers, branches from risers to the first disconnecting device located on branches from risers, these disconnecting devices, collective (general house) metering devices for cold and hot water, the first shut-off devices - adjusting valves on the outlets of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks.
The common property includes an in-house engineering drainage system, consisting of sewer outlets, fittings (including bends, transitions, nozzles, revisions, crosses, tees), risers, plugs, exhaust pipes, drain funnels, cleaning, branches from risers to the first butt joints, as well as other equipment located in this system.
The common property includes an in-house engineering gas supply system, consisting of gas pipelines laid from a gas source (when using liquefied petroleum gas) or the point of connection of these gas pipelines to the gas distribution network up to the shut-off valve (switching off device) located on the branches (drops) to the in-house gas equipment, reservoir and (or) group cylinder installations of liquefied hydrocarbon gases, designed to supply gas to one apartment building, gas-using equipment (with the exception of gas-using equipment that is part of in-house gas equipment), technical devices on gas pipelines, including regulating and safety fittings, gas control systems for premises, collective (common house) gas meters, as well as gas meters that record the volume of gas used in the production of utilities.
6. The common property includes an in-house heating system, consisting of risers, heating elements, control and shut-off valves, collective (common house) heat energy meters, as well as other equipment located on these networks.
7. The common property includes an intra-house power supply system, consisting of introductory cabinets, input-distributing devices, protection, monitoring and control equipment, collective (general house) electrical energy meters, floor panels and cabinets, lighting installations in common areas, electrical installations smoke exhaust systems, automatic fire alarm systems for internal fire water supply, cargo, passenger and fire elevators, automatically locking devices for entrance doors of an apartment building, networks (cables) from the external boundary established in accordance with clause 8 of these Rules to individual, common (apartment) electrical energy metering devices, as well as other electrical equipment located on these networks ...».

So why do proponents of the theory suggest multiplying the tariff by the area of the share of ownership of common premises? And why, for example, not for the length of the share of ownership of the railing in the entrance? But what about, for example, such apartment buildings, which include only two apartments, the exit from which is carried out directly on the street? In such houses there may not be any common areas, but common property exists in the form of a roof, load-bearing structures, a land plot, etc. From a square meter, what should the maintenance tariff be calculated in this case, based on the theory under consideration?

But just the currently accepted method of determining the tariff for maintenance in rubles per square meter of premises in the property is absolutely consistent with the current legislation.

Mathematical justification

».

If we return to our example, then in order to present for payment to all owners of the premises of the house the total cost of maintenance services in the amount of 45,000 rubles, this amount must be divided among the owners in proportion to their share in the common ownership of the common property.

The share of the owner of a particular apartment with an area of 50 square meters: 50 / 3000 = 1/60.

That is, the cost of maintaining common property for the owner of this particular apartment will be 1/60 X 45,000 = 750 rubles.

Since the share in the ownership of common property and, accordingly, the share in the total payment for the cost of maintaining this property are proportional to the area of the owner's premises, the amount of the maintenance fee, depending on the area of this premises, can be written as a formula:

Pi =C.k .Si,

where:
Pi i-of that room, rub./month;
C
k- coefficient of proportionality ( dimension must be determined);
Si- square i-that room, m 2.

To determine the dimension of the proportionality coefficient, we present the formula in the form:

k = P i / (C . S i)

Let us represent the dimensions of the quantities in the formula for determining the dimension k:

[ k] \u003d (ruble / month) / (m 2. rub. / month) \u003d 1 / m 2

Now let's calculate the number k Based on our example data:

k \u003d P i / (C . S i) \u003d 750 / (45 000 . 50) \u003d 750 / 2 250 000 \u003d 1 / 3000

Thus, the coefficient of proportionality is the reciprocal of the total area of the premises in the property: k = 1 / 3000 m -2. Since the value (C.k) does not change during the year and is the same for all owners of MKD premises, we denote it T:

T=C.k

For our example:

T=C.k = 45,000 . 1/3000 = 15

It is the value of 15 rubles per square meter that is the tariff for housing maintenance. That is, the tariff for housing maintenance is a value equal to the quotient of dividing the cost of maintenance services by the total area of premises owned.

Let's rewrite the formula for calculating the amount of the housing maintenance fee to be paid to the owner i-of that room with the application of the tariff T:

Pi = C. k . Si = T . Si,

where:
Pi- the amount of payment for the maintenance of housing from the owner i-of that room, rub./month;
C- the amount of payment for the maintenance of housing from all owners of MKD, rub./month;
k- coefficient of proportionality, 1/m 2 ;
Si- square i- that room, m 2;
T- housing maintenance tariff, rub. / (m 2 months).

As can be seen from the above formula, to calculate the amount of payment for housing maintenance services for the owner i-of that room, it is the area of this room that is used, but not the area of \u200b\u200bcommon areas. And the tariff for the maintenance of housing must be multiplied precisely by the area of \u200b\u200bthe premises owned by this owner.

Legal rationale

Article 158 of the LC RF establishes: “ Article 158. Expenses of owners of premises in an apartment building
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of the residential premises, contributions for major repairs».

Part 1 of Article 37 of the LC RF establishes: “ The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size of the total area of the specified premises».

From the above two norms, it follows that the amount of the payment for the maintenance of common property, presented for payment to the owner of a particular premises, is proportional to the share of this owner in the right of common ownership of common property. In this case, the specified share is proportional to the size of the area of the premises, which the specified owner owns. Consequently, the amount of the maintenance fee is proportional to the area of the premises owned by the owner. And the rate for maintenance acts as the coefficient of proportion.

Supporters of the false theory argue that the above conclusion is not at all logical, and the legislation does not contain a direct indication that the amount of the maintenance fee is calculated based on the area of \u200b\u200bthe premises owned by the owner. This opinion is refuted by paragraph 4 of clause 2 of the “Rules for holding an open tender by a local government body for the selection of a management organization for managing an apartment building”, approved RF GD dated February 6, 2006 N75:
« "amount of payment for the maintenance and repair of residential premises" - a fee that includes payment for work and services for the management of an apartment building, maintenance, current and major repairs of the common property of owners of premises in an apartment building, established at the rate of 1 sq. meters of total residential area... »

conclusions

The theory that the calculation of the cost of housing maintenance to be paid by the owners of MKD premises should be carried out using the area of the premises that are part of the common property is not confirmed by anything, but on the contrary, it is refuted by the arguments given in this article.

The attractiveness of the considered false theory for consumers of housing and communal services lies in the same postulate that is inherent in most other myths of housing and communal services: “ Consumers are being asked to pay more than they should". It is this slogan that contributes to the growth of adherents of the theory refuted in this article.

The receipt for payment of utility bills for residents of apartment buildings includes the column "current housing maintenance". Payment for housing maintenance and tariffs is regulated by Article 154 of the Housing Code. The management company receives a monthly fixed payment for the maintenance and current overhaul of the apartment building. But what is included in the payment for the maintenance of housing and what kind of service the public service should provide for many residents remains a mystery. It also remains a mystery and the question of what is included in the maintenance and repair of housing.

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The activities of public utilities, the establishment of tariffs and the procedure for paying for services by consumers are regulated by the Housing Code of the Russian Federation. Article 154 of the Housing Code of the Russian Federation describes in detail the rules for maintaining common property for an apartment building. These rules are designed to regulate relationships relating to the maintenance of common property, which is in shared ownership of the residents of an apartment building.

The maintenance of the house implies a set of works to ensure the repair and maintenance of common property, communications, which are performed by a responsible utility company. House maintenance services should be carried out after the start of operation throughout the life of this building.
According to article 154 of the LC RF, the concept of common property means:

Premises that are not residential, i.e. not covering the territory of apartments intended for common use by residents of the house. These include public premises: an elevator, a corridor, a staircase, as well as boiler rooms, basements, technical floors, attics and built-in garages.
Roofs.
Fences and structures of the house that are load-bearing: foundation, load-bearing walls, railings, doors and curbs.
Mechanical, electrical and other technical equipment located on the territory of the house or outside it.
The area where the house is located. The total area of the site is determined on the basis of the state cadastral registration.
Other objects that are located within the land plot allocated to this building and created for the maintenance and operation of an apartment building. These include car parks, playgrounds, transformer substations, etc.

The authority to decide what is included in the maintenance of housing in an apartment building is vested in:

The owners of the premises of an apartment building.
Authorized state authorities.
Authorized bodies of local self-government.

A cumulative list of services on the issue of what is included in the housing maintenance article should be compiled at a general meeting by the tenant of the house in the presence of a representative of the housing and communal services.

Important! The cost of services, as well as the established tariffs, may differ depending on the region of residence, the exact information must be indicated in the agreement with the management company.

What is included in housing

What works are included in the maintenance of housing? And is cleaning the entrance included in the maintenance of housing? Let's figure it out. So, the list of services includes:

On a regular basis, the common property of an apartment building is inspected by authorized persons. Inspection is carried out in order to assess the current technical condition of the object.
Ensuring lighting of all premises intended for public use.
Cleaning and maintaining sanitary and hygienic standards in public areas.
Maintaining temperature and humidity standards in public areas, in accordance with state regulations.
Ensuring the fire safety standards of an apartment building.
Timely removal of household waste in solid and liquid form, including garbage that is generated as a result of the operation of enterprises located on the territory of the house (under a contract of employment).
Seasonal operation of landscaping facilities, including cleaning and landscaping the site.
Scheduled provision of the required maintenance or overhaul of public property as needed.

Garbage removal is also included in the maintenance of housing. To do this, the management company concludes an agreement with a contractor. The garbage collection schedule must be agreed with the tenants at a public meeting. Household waste must be collected once a day.
The maintenance and repair of housing column provides that the repair of the roof is carried out by the management company at the expense of previously paid payments. Roof repairs should be carried out according to plan, annually the Criminal Code should conduct an examination for roof malfunctions. Roof repairs are carried out annually. Major repairs are also included in the maintenance of housing, but services for it are charged in a separate column.

The payment for the maintenance of housing provides for the landscaping of the local area during the warm period of time. The frequency of seasonal cleaning of the territory, planting and mowing of lawns is also decided at the general housing meeting. Cleaning of the territory and watering of lawns should be carried out daily, grass mowing at least once every 2 weeks.

Where to apply if the Management Company does not fulfill its obligations for the maintenance of housing?

In case the residents of the house are dissatisfied with the work of the housing and communal services, it is necessary to draw up a protocol at the general meeting, collect the signatures of all residents and contact the management company to resolve this issue. In situations where the Criminal Code did not listen to the appeal of the residents, a repeated protocol is drawn up with signatures and certified by a notary. This protocol may be the basis for filing a lawsuit against housing and communal services.

Important! To apply to the court, on issues of capital repairs of housing, an examination is carried out, which is carried out at the expense of residents. The owners also have the right to require the Criminal Code to return this amount through the court.