When you have to pay for a major overhaul. How not to pay for major repairs legally? Which citizens are exempt from paying

With or without a contract you MUST PAY

The court has just voiced a disagreement with the law

In clause 17 of the "Rules for the maintenance of common property in an apartment building", approved by the Decree of the Government of the Russian Federation No. 491 of 13.08.2006.

"the owners of the premises are obliged to approve on General meeting list of services and works, conditions of their provision and performance, as well as the SIZE of their financing ”.

Part 3 of Art. 163 ZhK RF specified

The management agreement for an apartment building must indicate: a list of services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization (clause 2); the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such a payment (clause 3)

This means that the pricing procedure, the procedure for determining the size of the fee, as well as the procedure for paying the fee must be determined by the contract!

But the court made it clear that the arguments based on the law are optional for it. This indicates a public expression of the court with the current Russian legislation, while the duties of a judge include submission to the Constitution of the Russian Federation and federal laws (Article 120 of the Constitution of the Russian Federation). I ask that this statement of mine be reflected in the minutes.

As soon as the court blurts out

The absence of the CONTRACT does not exempt from the obligation

We strongly object:

And no one asked to release from the obligation and remove the burden of maintenance from the owner

In the list of logical tricks (dishonest methods of arguing), attributing a position to an opponent and then refuting it occupies the lowest level (primitive level). According to the Constitution of the Russian Federation, people with a legal education are appointed as judges. Logic is studied in law faculties in the first semesters of study

On our part, it has been repeatedly stated that the obligation to participate in the payment of general house expenses is fully recognized, since such an obligation is specified in the law. In the course of the proceedings, it was established - and the court knows this - that in principle, it is impossible to fulfill the specified obligation under the prevailing conditions, insofar as

As soon as the court blurts out

AGREEMENT IS NOT OBLIGATORY

In the absence of a management contract, the legal relationship between the parties shall be governed by

ch. 50 of the Civil Code of the Russian Federationspecifically: Art. 982.983 of the Civil Code of the Russian Federation -and Part 1 of Art. 10 of the Civil Code of the Russian Federation

I consider it necessary to clarify:

In the absence of a concluded management agreement, the obligations of the recipient of services follow from Chapter 50 of the Civil Code of the Russian Federation (“Actions in someone else's interest without an order”).

The essence of legal relations in this case differs significantly from legal relations in the presence of an agreement - in such a situation, the right to receive remuneration for services rendered depends solely on the goodwill of the person in whose interests the actions were performed:

- upon approval of actions, Art. 982 of the Civil Code of the Russian Federation,

- if disapproved - Art. 983 of the Civil Code of the Russian Federation, according to which actions in someone else's interest do not entail any obligations of the interested person.

A logical formula regarding legal relations and a contract could look like this:

The absence of a contract in the form of a document signed by the parties means in this case the existence of legal relations for the provision of paid services in the course of actions in someone else's interest without an order,

If I do not approve of the actions of the Criminal Code, then on the basis of Article 983 of the Civil Code of the Russian Federation, the only conclusion is possible: there was no obligation to pay for unordered services.

As soon as the court blurts out a word

DEBT

Part 1 of Art. 307,Part 2 of Art. 307 of the Civil Code of the Russian Federation

EARS on MACUS ............................................... ..........

As soon as the court blurts out a word

DEBT

In our case, the debt could not arise in principle, since the norms are in force

Part 1 of Art. 307,Part 2 of Art. 307 of the Civil Code of the Russian Federation

I believe that the statement of the court has no legal basis

The amount of debt, consisting of a commensurate share of the payment for the maintenance and repair of common property in an apartment building, was confirmed by the plaintiff by the primary accounting documents.

The fact is that the concept of obligations and the basis for its occurrence are disclosed in Part 1 of Art. 307 of the Civil Code of the Russian Federation:

"By virtue of the obligation, one person (the debtor) is obliged to perform a certain action in favor of another person (the creditor), such as: transfer property, perform work, pay money, etc., or refrain from a certain action, and the creditor has the right to demand from the debtor of the performance of his obligation ".

In turn, the obligations of the parties arise only from the contract (part 2 of article 307 of the Civil Code of the Russian Federation).

Since the management contract was not concluded, the service consumer did not have any obligations under the contract, and nonexistent obligations cannot be violated.

That is why the debt could not arise in principle.

EARS on MACUS ..............................................

To the question of the court

"Did you receive services?

But if you answered YES, then you lost

ANSWER: It should be indicated that between the plaintiff and the defendant of the contract was not, and therefore, there were no grounds for resolving the dispute within the framework of the Rules for the provision of communal or housing services.

Outside of the Rules for the provision of public services, the actions of the plaintiff, which outwardly resemble "services", in fact, should be qualified not as a service, but as

actions in the interests of residents,

Such terminology in chapter 50 of the Civil Code of the Russian Federation (Actions in someone else's interest):

(Article 982. Consequences of approval by the interested person of actions in his interest.

Article 983. Consequences of disapproval by the interested person of actions in his interest)

According to the provisions of Chapter 50 of the Civil Code of the Russian Federation, it is not at all necessary to pay for actions in someone else's interest. It all depends on the goodwill of the person in whose interests the actions were performed

If the plaintiff wants to receive payment under the housing law, he will certainly enter into a management contract. If he wants to get money bypassing the law, he will avoid contractual relations. But then let him blame himself - in accordance with paragraph 1 of Art. 1083 of the Civil Code of the Russian Federation, harm caused by the intent of the victim is not subject to compensation.

EARS ON THE MACUS ............................................... .........!

If the enemy stubbornly talks about arrears in payment of utility bills, go to the counterattack

There is no debt! Payments for housing and communal services were suspended - but suspended by law - namely, in self-defense of the violated right to receive information regarding the costs of maintaining and repairing the premises, as well as regarding the rights of the so-called HOA to manage the house. This right is provided by law - Art. 14 of the Civil Code of the Russian Federation.

And the HOA has the right to receive payment according to the law. Part 2 of Art. 1 of the Civil Code of the Russian Federation said

"Citizens and legal entities… Are free to establish their rights and obligations on the basis of the contract and to determine any terms of the contract that do not contradict the law ”.   

Part 1 of Art. 162 of the RF LC also established the requirement to conclude an agreement in writing. So there is a choice - if you want to get paid according to the law - conclude an agreement. If you do not want it according to the law, try to take it for deception or for fear.

EARS on MACUS ............................................... .....

If you are called for a discussion

YOU MUST UNDERSTAND that there is NOTHING FOR FREE, you have to pay for the services! -

(then at first you need to "mow like a fool"):

Of course you do. Who's arguing?

But you don't pay, do you?

How much do you have to pay?

It also says on the receipt

Why do you have to pay as much as it is “drawn” in the receipt?

(And then - under the protocol - we DECLARE):

By setting the far-fetched amount of payment for the far-fetched amount of work and services, the HOA acted and is acting at its own peril and risk, having no reason to claim reimbursement of its costs. In accordance with paragraph 2 of Art. 307, paragraph 3 of Art. 308, part 2, paragraph 3, Art. 1064 of the Civil Code of the Russian Federation, compensation for harm may be denied if the harm was caused at the request or with the consent of the victim, and the actions of the tortfeasor do not violate the moral principles of society. Also, in accordance with paragraph 1 of Art. 1083 of the Civil Code of the Russian Federation, harm caused by the intent of the victim is not subject to compensation.

Nobody prevents the UO or HOA from returning to the legal field, concluding a management agreement, disclosing information about their activities, and obtaining the status of a managing organization. Nobody prevents the MA or HOA from organizing a meeting and approving at it a list of services and works along with the terms of financing, and then accepting an estimate of income and expenses, on the basis of which the amount of payment for the next year is determined. We found out that the activities of managing apartment houses, according to the law, are not included in the plans of the MA (HOA). We see the desire to receive money bypassing the rules established by law.

EARS ON THE MACHINE ............................................... .........

Opponent Submits COPIES OF EVIDENCE - REQUIRED FOR THE ORIGINALS

Dear Court! The document was submitted to the court in the form of a copy not duly certified. To find out the circumstances of his birth, you must familiarize yourself with the original. The participants in the case have such a right! According to Part 2 of Art. 71 Code of Civil Procedure of the Russian Federation

Written evidence is presented in the original or in the form of a duly certified copy. Authentic documents are presented when the circumstances of the case, in accordance with laws or other regulatory legal acts, are subject to confirmation only such documents when the case cannot be resolved without authentic documents …

According to Part 7 of Art. 67 Code of Civil Procedure of the Russian Federation

Court cannot be considered proven circumstances confirmed only a copy document or other written evidence, if lost and the original document has not been handed over to the court ... and it is impossible to establish the true content of the original document with the help of other evidence.

In addition, the certifying record: COPY CORRECT - is null and void. According to the Decree of the Presidium of the Supreme Soviet of the USSR dated August 04, 1983 No. 9779-X, acting as amended Federal law dated 08.12.2003 No. 169 - FZ, there is a requirement for a copy of the document:

"The date of issue is indicated on the copy and a note is made that the original document is in the given enterprise, institution, organization."

But we see neither the date of the copy, nor a record of where the original is. It is possible that the original was made by counterfeiters and destroyed immediately after making copies.

I declare that if a court decision is made on the basis of a deliberately inaccurate document, the question of criminal liability for the submission of falsified evidence to the court will surely arise

OPPONENT presents COPIES OF EVIDENCE IN ONE COPY

The document is presented in one copy - only for the court. Thus, the requirement specified in Part 3 of Article 71 of the Code of Civil Procedure of the Russian Federation is violated - to provide the party with ALL written evidence

As you know, the sphere of housing and communal services in the provision of the leaders of the state is arch-corruption. Therefore, attempts are being made to hide from the participants in the case the documents on the basis of which the court will make a decision.

I believe that by such actions my procedural adversary is trying to hinder me from exercising my legal right to justice in conditions of equality of arms and adversariality.

With such manifestations of unfair behavior of a participant in the case, it depends on the court whether to support the law or not.

I insist on the refusal to accept all documents received from the plaintiff in one copy. I ask to return all such documents to him

In addition, to issue a WARNING to him - after all, Art. 35 of the Code of Civil Procedure of the Russian Federation requires good faith

EARS ON THE MACUS ............................................... ......................

FOR APPEARANCE IN THE COURT OF PROTOCOLS WITHOUT ANNEXES

Contributions for overhaul were made in the section of payment for housing and communal services. Since 2016, not everyone will be able to avoid paying for major repairs. Many apartment owners still refuse to pay for this service.

We will figure out what will happen if you do not pay for the overhaul, and also determine whether the funds that provide overhaul services require contributions by law.

2016 home renovation premium legal provisions - is it legal to charge a house renovation fee?

There are several applicable legal laws and acts that regulate the activities of capital repair funds:

Federal law number 271, approved on December 25, 2012, namely article 169 of the RF LC, states that the owners of apartments, which are the property of an apartment building, have some obligations - they must pay a mandatory fee, which will go towards the overhaul of the common property. According to this law, the size of the fee will be set by the region of Russia. The amount is formed based on the total area of the room.
Federal Law No. 417, approved on December 28, 2013, informs about the adoption of changes to some articles of the Housing Code. Article 157.1 coordinates the activities of the charging foundations. It states that the representatives of the fund do not have the right to increase the amount of the contribution above the permissible and established limits by the administration of the constituent entity of the Russian Federation. Moreover, this law determined the list of services to be carried out by the funds, and the list of apartment buildings not included in the overhaul program.
Federal Law No. 176, adopted on June 29, 2015, regulates the relationship between representatives of foundations and managers of apartment buildings, and also defines the requirements for both parties and indicates their direct responsibilities.
Law number 399, passed at the federal level on December 29, 2015, lists beneficiaries who are entitled to compensation for the payment of such a contribution.
Article 155 of the LC RF monitors the fulfillment of the obligations of the parties and determines the procedure for paying contributions.
Section 9 of the current LC RF can provide answers to other questions regarding the conduct and organization of major repairs.

After reviewing all the acts and laws, we can conclude that demanding payment for major repairs, even though it was not carried out in your house, is very legal .

Many apartment owners in MKD believe that the program has not yet been adopted and is incomplete - but this is not the case. It is reviewed and revised annually to eliminate errors and omissions.

Where and for what work are the overhaul contributions going?

In accordance with current legislation, apartment building owners have the right to independently choose a company that provides capital repair services.

If they do not take responsibility, then the choice remains with the administration of the constituent entity of the Russian Federation, which can itself assign a certain organization to the house.

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Any building or structure periodically needs repair, the same rule applies to apartment buildings. In order to partially eliminate the general wear and tear of the house and prevent its decay, it is necessary to periodically overhaul all systems and common building premises. The cost of these activities is high, so tenants rent a small amount every month that accumulates in a certain account. It is difficult to control how the money from this account is spent and the necessary work is carried out, therefore many apartment owners think,is it possible not to pay for overhaul... We will answer this and other questions that relate to the overhaul of apartment buildings in our article.

Purpose of payment

The item of expenses for major repairs is not included in the monthly rate that apartment owners pay for the maintenance of the adjacent territory, entrances, maintenance, checking communications and systems. Overhaul is separate article, which includes the cost of restoration:

🔹 roofs- beams and slate in a gable roof, water-repellent roofing felt on flat roofs, attics or technical floor, engineering networks and individual boiler rooms that are located in them;

🔹 facade- cracks, chips, finishes and drainage systems, elimination of fungus, restoration and strengthening of the base plates of balconies and loggias, replacement or repair of entrance doors;

🔹 elevators- overhaul or complete dismantling of the cab, suspension system, power and control systems, followed by replacement with a new design;

🔹 entrance finishes- plasters and paints on walls and ceilings, railings, in some cases - floor finishes, for example, if the floor tiles or floors are wooden and the floor is painted;

🔹 basements- dismantling of damp sections of the supporting structure or partitions between basements, elimination of sewerage or groundwater leaks, if necessary - reconstruction of the foundation;

🔹 communications- power grids to an electrical panel with individual meters, water supply and sewerage risers, gas pipes to metering devices in an apartment, house ventilation ducts, replacement or restoration of a garbage chute.

Depending on the scope of work, overhaul can be complex or selective. In the first case, all structural elements and engineering equipment in the house change, in the second case, only a part of them. The scope of work for the overhaul of an apartment building is also associated with the structural features of the house, the degree of wear and tear and the terms of the agreement with the management company.

How often should it be doneoverhaul of apartment buildings

The frequency of repair and replacement of engineering systems depends on the estimated period of their operation. For instance:

⌛ roll roofing materials, such as roofing felt and its varieties, lose their insulating and water-repellent properties after 10 years;

⌛ the service life of roofing profiled sheets coated with zinc or complex polymers is about 15 years;

⌛ with proper installation, ceramic tiles can last 60 years;

⌛ cast iron pipes and radiators, which are installed in most old apartment buildings, last at least 40 years, but may fail earlier due to the poor quality of the coolant in the system;

⌛ the supporting structure of the building itself and, in particular, its constituent elements - brick walls and concrete floors - are designed to operate for 150 years. Reinforced concrete monolithic buildings should serve the same amount. The service life of wooden houses is up to 90 years, with the proper level of maintenance.

Based on these data, a home overhaul should be carried out every 25 years or more often.

Important! The figures given correspond to reality only if the operating standards are observed and the prompt elimination of minor malfunctions. For example, if there is a sewage system in the basement of a house, or if there is water in the spring due to melting snow, the strength and service life of the building is drastically reduced. The same dependence is monitored for small defects in the roof, gutters.

Where is the money handed over for overhaul accumulated?

Funds that come from apartment owners for the overhaul of the entire house are accumulated in special accounts of regional funds for overhaul of housing. Today, such funds exist in 85 constituent entities of the Russian Federation. In addition, if tenants create an association of homeowners - HOA - such an organization has the right to open its own account for overhaul and not pay to the regional fund.

The amount of contributions is set by regional authorities or at a meeting of HOA members, but throughout the country there is a certain tariff for 1 m 2 area of the apartment. In different regions, tariffs differ significantly, for example, residents of St. Petersburg or Karelia from 1 m 2 pay a fee of 2-3 rubles, Yaroslavl - almost 6 rubles, and the owners of Moscow apartments or residents of Khanty-Mansiysk - already 15 rubles per 1 m 2 dwellings.

The frequency of payment is established: tenants are required to pay the amount indicated in the receipt in the next month for the reporting month, from the first to the tenth day. A penalty is provided for late payments. The legality of its accrual is based on article 171 of the ZhK of Russia.

Owners must make monthly installments for overhaul throughout the entire period of ownership of the apartment. The fact that capital works have just been carried out or are not yet planned for the next period does not exempt from the payment of contributions.

An exception to the rule! Owners of apartments in apartment buildings, who have opened a special account for overhaul, pay contributions according to different rules. The amount of the tariff is set individually in each specific case, and deductions can be made until the minimum required amount is accumulated, determined by the regional subject of Russia. By mutual agreement of all participants, making payments may be suspended. At the same time, money from such an account is spent exclusively on overhaul.

As necessary, the funds accumulated in the fund are used for major repairs. The amount of deductions is determined by the general estimate for the purchase of the necessary materials, payment for the work of the foremen and the organization of the process.

Who needs to pay for overhaul

The owners of the apartments are responsible for maintaining the house in good condition, so they are the ones who receive payments for overhaul. An obligation of this kind - financial participation in the overhaul - is enshrined in housing legislation. In accordance with the amendments to the Housing Code of the Russian Federation, which were introduced in 2012, apartment owners must transfer funds to specially opened accounts that are managed by the housing department, or to a special HOA fund.

Who pays for the overhaul if the apartment is rented?

According to the lease agreement, the tenant pays the running costs of maintaining the common property and the adjacent territory, therefore he is not obliged to make contributions for the overhaul instead of the owner.

Is it enteredpayment for overhaul in a new building

The answer to the question “pay overhaul or notresidents of new buildings? " depends on the year in which the house was commissioned. For clarification, consider two situations.

🔸 The house was commissioned after 2016.This year, several amendments were introduced to the Housing Code of the Russian Federation. According to them, the owners of apartments in new buildings receive a kind of vacation and may not pay contributions for overhaul for a certain period. The duration of the holidays is set by regional authorities and, in most cases, varies from 3 to 5 years from the date of commissioning of the new building.

🔹 The house was commissioned until 2016.If a new building was put into operation before the adoption of the regional program in 2016, apartment owners are required to pay contributions for overhaul from the moment of entry into ownership. The law was adopted on July 1, therefore, new buildings that were commissioned even a month earlier are considered on an individual basis. The decision on the need to pay contributions to the overhaul fund is taken by local authorities.

Do I need to pay if the new building is under warranty

After putting a residential building into operation, the construction company is obliged to carry out warranty repairs of engineering networks and structural parts for several more years if their breakdown is associated with violation of building codes and standards. According to FZ-214, the guarantee for a construction project ranges from three to five years, depending on the working conditions of the construction company.

At the same time, repairs under warranty are not related to overhauls. During the period of warranty maintenance of the house by the developer, the solution is it mandatory payment for overhaul or notdepends on the regulation dated June 1, 2016 and the conditions described in the previous paragraph. Nevertheless, many tenants do not agree with such rules, arguing that the need for overhaul of new buildings will not appear soon. For example, consider one of the most common requests on this issue from the owner of a new apartment.

The family invested in the construction of a new residential complex; the house was commissioned at the end of 2015. At the beginning of 2016, they settled and began to receive bills to pay for the overhaul. The tenants' question: are the actions of the management company legal if the house is under warranty for another 3 years?

Answer: the house was commissioned before amendments were made to the legislation on deferred payments for overhaul, so you have to pay. Despite the fact that, according to the plan, major repairs need to be done not earlier than in 25 years, the fund accumulates money and at the same time distributes it to repair those houses where it is needed. In fact, the money you deposited can be used to repair other houses, but when it comes time to do the work for you, the funds will come at the expense of other payers.

In turn, the developer's guarantee obligation provides that apartment owners have the right to make claims to the quality of housing or common property, and the construction company is obliged to fix the problems free of charge. This right is based on the fact that the developer is required by law to provide housing that meets all building and operating standards.

Why many do not want to dohome overhaul contribution

Many apartment owners do not agree with the practice of preliminary fundraising for major renovations. Let's list the most common reasons for this reaction.

😤 Psychology of the owner.Some citizens do not consider it necessary to pay for the restoration of the entire building, since they own only part of it - the apartment. Their ownership applies only to housing, and other premises - basement, attic, staircase - are located in common property all tenants of the house. This division of rights causes citizens to feel no responsibility for things that do not belong directly to them.

💵 Inability to track the movement of accumulated funds.Most of the contributions are accumulated in regional funds and distributed according to the decision of local authorities. At the same time, the payers themselves cannot in any way track what their contributions were actually directed to, how much work was carried out, at what price they purchased the materials, how much they paid to the masters, and most importantly, whether there was a need to carry out repairs and whether it was actually carried out. The results of inspections indicate that the practice of embezzlement of funds from the fund, their illegal distribution and abuse of official position in the selection of contractors is widespread in this area. Therefore, many owners doubt that their money will not be wasted or used for personal purposes.

📉 Insecurity of savings against inflation.The period of accumulation of funds for overhaul, namely 25 years or more - long term... During this time, due to inflation, money depreciates. For example, if in 2010 the tariff was calculated on the fact that the collected amount would cover the necessary expenses, in 2035 the fund's funds may not be enough to carry out a full overhaul. And in the case of hyperinflation, which, for example, was noted in the 90s, the total shortage will be ten times higher.

🔧 High degree depreciation of the housing stock.Houses that were built in the 50s or 60s of the last century have been in operation for over 60 years. In many cases, the wear and tear of such buildings reaches 70% and after 20-30 years it will become irrational to repair them - the strength of the structure cannot be restored, it is easier to demolish. If, at the time of inclusion of a house in the capital repair program, it is recognized as emergency or subject to demolition, the entire amount will be transferred to state ownership to cover damages due to dismantling. Therefore, many doubt the advisability of contributions for overhaul, which may not be.

What will happen if you do not pay for the overhaul: responsibility and punishment

Payment for major repairs is the obligation of the homeowner, which is enshrined in parts 1, 3 of Art. 158 LCD RF. Failure to fulfill obligations leads to the formation of debt, the accrual of interest and penalties. Non-payers will be sent reminders of the debt. Monthly fordebt for overhaula penalty is charged at the rate of 1/300 for each delayed day. When a large amount of debt is formed, the state has the right to sue real estate through the legislative authorities. If the proceedings reach the court and the defendant is found guilty, in addition to the debt, it will be necessary to compensate for legal costs. In addition, the presence of any debt for the apartment will impede the execution of the sale and purchase transaction, donation, inheritance. In theory, debt can lead to the loss of benefits and subsidies.

How not to pay for overhaul legally

The legislation provides for a 50% discount on payment for overhaul, which is provided:

📍 owners who have turned 70 years old, if they live alone or in a family consisting of non-working pensioners;

📍 disabled children and their parents, disabled people of I and II groups;

📍 liquidators of accidents at the Chernobyl and other nuclear power plants;

📍 labor veterans, combat veterans;

🔅 residents of damaged houses that are subject to demolition;

🔅 owners of apartments that will be seized for the needs of the state - in accordance with Part 2 of Art. 169 LCD RF;

🔅 owners aged 80 and over who live in the apartment themselves - under Art. 169 LCD RF;

🔅 WWII veterans.

To take advantage of the required benefits, you need to submit an application and provide documents confirming this right. At the time of registration of the benefits, the owner must be registered, live at the specified address and pay off all debts for the apartment.

If you do not belong to any of the preferential categories, the only way to legally not pay contributions for overhaul is the deprivatization of housing, in which real estate becomes the property of the state. At the same time, you transfer not only the ownership, but also the obligations that are associated with it, at the same time losing your home. Therefore, this practice is not applied, but it is worth knowing about its existence.

Most of the disagreements over the payment of overhaul of houses are related to the lack of knowledge of the residents of the relevant code.

People do not understand what they are paying for and how much they should be charged. Unfortunately, management companies often use this.

Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

What does the housing code say about the overhaul?

Article 169 of the Housing Code Russian Federation directly says that the owners of the premises are obliged to pay a certain amount for the overhaul of the house every month.

It should be noted that each constituent entity of the Russian Federation assigns its own amount of payments, therefore, in different regions and regions, the amounts may differ significantly.

The law also details what exactly tenants pay for and when they are exempt from payments.

Who Should Pay?

Only the owners should pay all the costs of overhauling the house. Moreover, not only the owners of apartments, but also the owners non-residential premises, owners of public premises, both individuals and legal entities.

In that case, if you rent an apartment, then all payments for major repairs of the house are made at the expense of the landlord, and not at all an employer.

There are only two categories of citizens who are exempted by law from payments for major repairs of a house.:

tenants whose houses are in disrepair and are subject to demolition;
tenants whose houses are located on land plots that become state property or municipality.

It is important to note that if the fund for the overhaul of the house to be demolished has already been cash, then they will be distributed among the apartment owners in proportion to the area they occupy and returned to them. In the event that the owner has changed, then the new tenant will receive even the funds that were paid by the previous owner.

What is included in the overhaul?

The following services are provided for the funds received by the fund for capital repairs of apartment and multi-storey buildings:

Inspection of common household property for breakdowns, leaks and other possible problems;
Repair of roofs, elevators and elevator shafts, basements and facade of the house;
Installation of general house meters electricity, hot and cold water and gas;
Ensuring the functioning of systems: -electro, -gaso, -water and heat supply, wastewater disposal;
Disinfection of a garbage chute, as well as its timely repair and replacement;
Installation of a fire system in the corridors of houses(sound alarms in case of fire and fire cabinets);
Repair of staircases, entrances and areas near the elevators.

Also, funds from the capital repair fund in the entrances and on the approaches to the house can be installed special handrails and ramps for people with disabilities.

Guarantee of holding

Undoubtedly, regional and municipal authorities track contributions to the capital repair fund and its implementation. For this, there is a state housing supervision, where all information is submitted on the amount of funds collected for major repairs, their distribution and provision of overhaul services within certain periods established by the constituent entities of the Russian Federation.

It should be noted that now in many regions of the Russian Federation they strive for maximum transparency and full provision of information about overhaul. For this, websites are being created, where residents of apartment buildings can view a list of works that will be carried out in their house, as well as obtain reliable information on the deadlines. However, this practice does not exist in every constituent entity of the Russian Federation.

Are repair fees legal?

As mentioned earlier, the contribution of funds to the fund for the overhaul of apartment buildings is the direct responsibility of all owners.

Payments are made in a strictly defined order: the tenant receives monthly utility bills, among which the amount to pay for the overhaul is prescribed in a separate line.

Interest-free payment of such fees is possible in any branch of the Russian Post, as well as in most banks. Sberbank customers can pay for overhaul not only at cash desks and terminals, but also over the Internet using the Sberbank Online service.

Arguments against contributions

Most apartment owners do not want to contribute money to the capital renovation fund apartment buildings for the very reason that to track further destiny cash is quite difficult.

The consignment " Fair Russia»Has already prepared a petition and started collection of signatures in support of the repeal of the law on mandatory payments for major repairs.

Since residents understand that it is simply necessary to carry out preventive examinations and repair work in houses, the way out of this situation may be to establish a separate account for each house.

In this case, residents are not exempt from payments for major repairs, however, the money is sent not to the capital repair fund, but to the account of a particular house.

Thus, payers will always be able to track where their money goes and how services for major repairs of the house are provided.

How is it legal not to pay?

There are not so many legal grounds for bypassing payments for overhaul of a house, since the RF Housing Code has a corresponding article that assigns to each owner the obligation to pay to the overhaul fund.

However, if you strongly disagree with this state of affairs, you can try apply directly to the capital repair fund itself... In the application, you must indicate that you refuse to enter into an agreement with this organization.

Further, your actions depend only on the response of the fund. In the event that it is negative, you have the right to file a claim in court and indicate that you are being forced to provide services that you do not agree to provide.

Do I need to pay for the overhaul of new buildings and emergency houses?

For many citizens, making payments to the fund for the overhaul of new buildings and dilapidated houses seems impractical, since some were recently commissioned, while others are likely to soon be included in the list of houses to be demolished.

Unfortunately, the law does not take into account such details in any way. Residents of new buildings are required to contribute money to the capital repair fund according to general rules.

The situation with emergency houses is a little more complicated. In that case, if the house is not planned to be demolished, the tenants must pay for the overhaul... Demolition lists are updated once a year, and all the funds that were accumulated for major overhaul of the house will be spent on its demolition.

Are there benefits for retirees and people with disabilities?

pensioners over 70 years old;
large families;
disabled people and participants of the Second World War;
liquidators of the disaster on Chernobyl nuclear power plant, as well as citizens exposed to radioactive radiation;
labor veterans;
families in which there is a disabled child;
military widows who took part in the Second World War.

The list of beneficiaries for paying for overhaul can be expanded depending on the region of the Russian Federation, since each subject has the right to add other categories of citizens, for example, rural teachers.

Benefits work as follows: a certain percentage of the payment for the overhaul of the house is paid by the state, and the rest is paid by the owner. Liquidators of the Chernobyl disaster, participants in the Second World War, labor veterans and war invalids have the highest preferential percentage. They contribute only 50% of the amount assigned for the overhaul of the house. The rest of the privileged categories of citizens pay 70% of the payment.

Please note that the preferential interest may be lowered if the household has some income... Income can be credited to the account of the house in the following cases:

there are shops in the house,
pharmacies,
fast food chains whose owners pay rent,
there is paid underground parking.

This is relevant for residents of megalopolises and large cities.

Should tenants of non-privatized apartments, homeowners pay?

Important! Since, according to the law, contributions for major repairs of housing must be made exclusively by the owners, the tenants of non-privatized apartments are exempted from this obligation. Payment is made at the expense of the municipalities.

Can you refuse to repair an apartment building?

Create a separate account for your home, where to make payments for major repairs. In fact, this does not exempt you from paying for overhaul, but at least it becomes possible to track where the money is received, what it is spent on, and in what time frame a particular service is provided.
At the moment, this option seems to be the most successful, since even a new house needs annual inspection, disinfection, cleaning of garbage chutes and minor repairs.
Apply with a statement of refusal to the capital repair fund... Residents have the right to express their disagreement with the services provided by the overhaul fund. In the event that the fund gives a positive answer, you will be exempted from overhaul payments.
However, most often the fund gives a negative answer, and you just have to go to court and prove that the services of the overhaul fund are being imposed on you. It is rather difficult to say whether this method is effective or not.
If you decide to express your disagreement with the overhaul payments in multiple non-payment of the due monthly amount, the fund will go to court with a claim to collect the debt from you.
Then, with the help of a lawyer, you will defend your position in court and, if there are good reasons, you can be exempted from payments to the capital repair fund.

Of course, there is a reason for disputes over payments for major repairs.

If you are willing to contribute money to a capital repair fund, try to be as transparent as possible in the allocation of funds.

Lawyers advise you to abandon all kinds of intermediaries and open your own account, where to put savings on the necessary overhaul of the house. In any case, debt for such payments is not a solution to the problem.

Back in 2014, apartment building management companies included a new service in their utility bills. The line “for major repairs” in the receipts alerted and upset many homeowners. However, in the same year, the first recommendations appeared, in which methods were described in detail to help apartment owners not to pay for this service on a completely legal basis.

However, in the second part of the Housing Code of the Russian Federation, it is written in black and white that the funds that, if something happens, will go for the overhaul of an apartment building, must be kept either in an open account created for this purpose, or in the current account of the management company.

Then how can you not pay for overhaul according to the law? For what reasons do many tenants, apartment owners, refuse to adhere to the rules of the law? Let's figure it out in more detail.

How legal is the requirement of the management company to pay funds for the overhaul?

This requirement is quite legal and detailed in the Housing Code. At the same time, it can be considered quite objective and useful, since many people have long been aware that the housing stock is, to put it mildly, in a terrible state. And all this can lead to accidents in the next few years. That is, assuming the obligation to pay a certain amount for overhaul, the homeowner takes care of himself first of all, and first of all about his own safety. But is it really so?

According to the law, absolutely all owners of residential premises located in apartment buildings are obliged to pay for the service. The only exceptions are considered to be low-income citizens who receive benefits and material assistance from the state. In addition to them, war and labor veterans are completely exempted from paying for overhaul. And only some categories of citizens receive a discount on the service.

For what reasons do apartment owners refuse to pay for the overhaul of the house in which they live?

Let's take a look at the most popular reasons why homeowners don't want to pay for home renovations:

A program aimed at improving the housing stock was adopted not so long ago, and besides, no specific terms for the repair have been set, which means that the money will go nowhere. That is why the owners perceive it as another way to make people pay for it is not clear for what.
The tenants must pay for the overhaul of the house, however, for their money, the attics, entrances and basements of the house may one day be repaired, which will never become their property. In addition, people are alarmed by the fact that teams from private firms that carry out commercial activities are hired to carry out repair work.
Many owners do not use the property that the management company proposes to bring to its proper form. An example is the absence of the need to repair the elevator for the residents of the first floor, since they simply do not use it.

What is overhaul? What are the owners obliged to pay for?

Even if you regularly pay for the overhaul service, which is included in your receipt, and are not at all worried about whether you need to deposit funds or not to a special fund, then you may be interested in the list of works performed for your money. This list includes the following:

Restoration of the building and its facade in accordance with modern trends.
Basement repair.
Roof restoration and roof maintenance.
Reconstruction of the foundation of the house as needed.
Restoring old elevators or installing new modern cabins.
Renovation of sewerage systems, water supply, heating and other types of communications.

Based on the above list, it is quite logical that the obligation to pay for capital repairs lies with the homeowners. But the question immediately arises: do exactly the same requirements apply to new buildings that were commissioned no more than two years ago? It turns out that according to the Housing Code of the Russian Federation, residents of such houses also need to regularly pay for capital repairs with a future perspective. In most cases, it is these arguments that become the most the main reason the fact that people living in new buildings refuse to pay fees for services they do not understand.

How is it legal not to pay for the overhaul of an apartment building?

Having considered all the important issues regarding the payment of overhaul of an apartment building, let us dwell in more detail on how to legally not pay for this service. There are several similar methods, but you will not be able to do without cash expenses at all. So:

In addition, you can, of course, not pay for the service at all, simply ignoring the receipt received. But for such actions, sanctions from the management company may follow.

What threatens those who do not pay for capital repair services for apartment buildings?

By law, the owners of residential premises have the right to pay not every line in the receipt. However, in reality, this is not at all easy to do. If you stop paying for the overhaul service, then the management company can apply penalties, namely:

Send additional receipts and notifications of the need to pay the debt.
Accrue interest on the amount owed.
Solve the issue through the court, where the owner of the apartment will have to explain in detail the reason for refusing to pay for the overhaul service, providing strong evidence in their favor. If you cannot properly justify the refusal, then the amount of the debt is likely to increase by the amount of legal fees.

As a result, I would like to note that each owner of housing located in an apartment building has two options for refusing to pay for major repairs on a legal basis. The first is to ignore receipts for overhaul payments, which will not yet be known when. And the second is to use legal means of evading a significant part of payments for the service. Naturally, the second option is preferable, since it does not entail the imposition of sanctions from the management company and will not bring it to court.