Is it necessary to pay for major repairs? Is this even legal? What if you don't pay? We are understanding a problem that not everyone has solved for themselves yet.
Where did this board come from?
A long time ago, when all housing was state-owned (municipal or departmental), residents used it under a social rental agreement. According to this agreement, current repairs were carried out by the residents themselves, and major repairs were carried out by the owner of the property, that is, the state. For resettlement, new housing was introduced, which did not require major repairs. Those who were still huddled in dilapidated housing had no chance of radically improving their conditions without changing their place of residence. So there was no massive problem of major overhauls then.
Illustration: Anastasia Timofeeva
The problem matured by the 90s, but they began to solve it only in the 2000s. First, they created a “Regional program for capital repairs of common property in apartment buildings” (it is in the corresponding article of the Housing Code), and since the end of 2012, the obligation to co-finance the costs of major repairs was assigned to homeowners. From this moment on, payment for major repairs became mandatory and regular for every owner of the premises (residential or non-residential - it doesn’t matter).
Is this fair?
According to housing law, yes: the owner pays for the basic existence of his own property. According to the majority of owners, no. Most of the apartments were given to them under a social rental agreement, and later privatized free of charge by the old new owners. But not everyone associated the acquisition with increased responsibility. The right to transfer by inheritance or sale was connected, but not with new responsibilities. In the wake of public discontent, the Communist Party of the Russian Federation and A Just Russia even filed a lawsuit with the prosecutor’s office against these payments. And the prosecutor's office. But the Ministry of Justice, the Ministry of Finance, the Ministry of Construction and the housing and communal services complex of the Russian Federation defended the payments.
It is impossible to say that the system for implementing the overhaul plan is well thought out and sound (it is precisely its imperfections that are responsible for some, albeit rather insignificant, amendments to the Housing Code of 2017). Few people are able to form a separate fund for major repairs of their own home, collect all the necessary payments without delays and carry out their plans on time and according to plan. Therefore, the majority found themselves at the mercy of regional operators, and the financial resources received by them then go through an unknown path, without a guarantee of quality or return of funds.
What happens if I refuse to pay?
As soon as the fee for major repairs began, entire campaigns “against” were launched, providing a chain of instructions on how to refuse such a fee. But not paying is a bad idea, gaps in the legislation are only the appearance of an opportunity, but in fact they are saving on small things for the sake of problems in the future. If the owners of the house have taken the initiative and are ready to raise money themselves for major repairs of the house, but you refuse, . In 13 Moscow apartment buildings, special capital repair accounts have already been liquidated in this way. So, if you want to manage your finances yourself and know exactly where the deductions are going, it’s better to create an individual HOA account.
In addition, if the owner decides not to pay for major repairs based on his own ideas about fairness, then quickly (penalties, by the way, are also charged here). Overhaul cannot simply be disabled at will as an individual feature. And if the permissible limit is exceeded, there are restrictions, courts with penalties, visits from bailiffs, debits from bank accounts.
But someone might not pay?
Tenants under a social tenancy agreement may not pay for major repairs, since they do not own this property. Moreover, according to Art. 67 of the Housing Code of the Russian Federation, they have the right to demand that the landlord carry out this repair in a timely manner (and they themselves are obliged to carry out routine repairs of the residential premises). In Art. 154 of the Housing Code of the Russian Federation states directly: “Major repairs of common property in an apartment building are carried out at the expense of the owner.” This is checkmate for owners, and a handicap for social renters. What to do with the premises? Refer to the same article of the Housing Code and negotiate with the landlord.
There is also a sad exception to the obligation of owners to pay contributions for major repairs. If a state authority or local government suddenly decides where your apartment building stands, or the living quarters in this building, you will not have to pay for major repairs from the next month after the announcement. We hope nothing like this happens to you.
Alisa Orlova
According to which, homeowners in an apartment building (more than three) will be charged a fee for major home repairs.
Overhaul includes repair of foundations, facades, roofs, elevators and basements, as well as replacement of electrical wiring and in-house engineering systems.
The contribution, as well as the receipt for payment of utility bills, comes to the mailbox. Its size depends on in which subject of the Russian Federation the residential premises are located, as well as its type and area.
This was necessary because the number of houses in disrepair or dilapidated condition throughout Russia has sharply increased, and government programs are not able to fully pay for their restoration.
Funds collected from owners are sent to a special fund for major repairs and will be added to existing programs.
Do I have to pay these bills?
According to Federal Law Each owner is obliged to participate in raising funds for major repairs, since they are included in standard payment documents for housing and communal services (Article 169.1 of the Housing Code of the Russian Federation).
If he does not pay the receipts on time, or does not do so at all - Penalties will begin to accrue if payment is not made by the 20th of the current month (for the past month).
If the owner constantly ignores receipts, the debt (including penalties) can be recovered through court. Also, along with the debt, he will be forced to pay legal costs.
No one can evict a defaulter from an apartment, but various restrictions will apply, including a ban on leaving the country.
Carrying out major renovations to your home does not relieve you of your responsibility to raise funds. They will “accumulate” until next time.
From what age and at what age is the fee charged?
You can become the owner of an apartment from birth, but you can fully manage the property and make payments and transactions after reaching adulthood. Who pays for major repairs of an apartment building and from what age?
Since taking care of the home, maintaining it and the common premises in an apartment building is the responsibility of the owners (Article 30, clause 1 of the Housing Code of the Russian Federation), a citizen who is the owner must pay for major repairs from the age of eighteen.
In December 2015, bill N 399-FZ was adopted, according to which regions will be able to independently decide whether pensioners will pay the contribution. That's why people over 80 years old can count on 100% compensation for expenses.
It is valid for pensioners living alone and for families consisting of non-working people of retirement age (Article 169, Part 2.1)
Compensation in the amount of 50% of the amount of expenses will be provided to people over 70 years of age, disabled people of the first and second groups, Chernobyl victims, disabled children, persons supporting disabled children (Federal Law of June 29, 2015 No. 176-FZ).
In addition, it is worth paying attention to the age of a particular house; the older it is, the more it needs restoration. Therefore, the amount on the receipt will be higher.
The law provides for a reduced rate for new houses. Federal Law No. 176-FZ allows that residents of new buildings put into operation after the program was approved may not pay these receipts.
Exactly for what period is determined by the regions themselves, but it should not be more than 5 years.
Who should pay for major repairs: the owner or the tenant?
- Municipal or service housing. If the tenant lives in municipal housing, then he is obliged to maintain it in proper condition, pay utility and other payments on time, as well as current expenses for the maintenance of common property. These responsibilities are defined in the social tenancy agreement. But major repairs are carried out at the expense of the owner of the housing stock.
- Privatization. If the apartment was privatized by the tenant, then he is also obliged to maintain the living space in proper condition, but no one has the right to force him to take part in collecting funds for major repairs.
- Renting a living space. Who should pay for major repairs in this case? Without the consent of the owner, the tenant cannot carry out redevelopment or reconstruction, therefore, he should not be charged any fees. This is the owner's responsibility.
Who pays for major repairs in an apartment building - the owner or the tenant?
Based on this, Payment for major home repairs cannot be demanded from the tenant. Many owners who rent out apartments believe that this amount is included in utility bills, but this is a misconception.
How legal are these contributions?
Since these payments are established by law (Part 1 of Article 158 of the Housing Code of the Russian Federation) - they are mandatory for all citizens of the Russian Federation. And, as mentioned, certain sanctions may be imposed for non-payment.
But since not all payers will wait for repairs (death, sale or other reasons), in October 2015, a group of deputies filed a lawsuit with the Constitutional Court of the Russian Federation. In it, they expressed their demand to correct the fact that residents must pay for the maintenance of other people's property.
In April 2016 fundraising for the “common treasury” was recognized as absolutely legal. It was also decided to review the order of work in residential premises, according to the objective condition of the houses.
In addition, this order can be challenged in court.
To summarize, we can say that contributions for major home repairs are completely legal and obligatory for payment.
Who pays for major repairs in an apartment building? If you rent housing, you are a tenant, you must understand that paying these receipts is not your concern. This is the responsibility of the owners alone.
It is not the first year that a new column for utility expenses has appeared in Russia - major repairs. But there are still disputes among residents of apartment buildings about major repairs: should they pay or not for this service?
And why suddenly the responsibility, which has always been performed by the state, was shifted onto the shoulders of the owners?
Many residents of high-rise buildings still do not understand what they are paying for and how legal it is to charge them for major repairs.
Others are confident that this payment is nothing more than another illegal trick by public utilities to collect funds from the population and it is not necessary to pay it. But first things first.
The Civil Code provides a very specific definition of this phrase. Overhaul is a set of works carried out to restore structures, elements, replace utility networks and even some load-bearing elements.
Overhaul poses very specific tasks - eliminating problems associated with the deterioration of the building and bringing it into a condition suitable for further use.
The scope of work also includes measures to replace outdated mechanisms with more modern ones, for example, replacing elevators and meters. It is quite understandable that in terms of cost, such repairs are much more expensive than cosmetic ones.
Money for major repairs goes to the account of the regional operator. He also draws up a plan for which house should undergo major repairs in which year.
The amount of the repair fee is not that high, while the cost of major home repairs amounts to millions of rubles.
What to do if the house needs urgent renovation, but he has not yet collected the required amount? This is why a regional operator was created.
The accounts of the regional operator receive monthly funds from all houses. Houses that require urgent repairs receive them on time. Money for repairs is taken in advance from the general fund.
Residents of the renovated house continue to pay for major repairs, repaying the amount borrowed. Thus, residents of old houses have the opportunity to carry out timely repairs without collecting astronomical sums on their own in the shortest possible time.
Is it necessary to make a monthly payment after repairs are completed? Of course, the money for the renovation of this house was taken in advance, and it must be returned so that the remaining houses also have the opportunity for timely repairs.
During the Soviet Union, the entire housing stock was on the balance sheet of the state. Therefore, all expenses for the maintenance of apartment buildings were borne by the state.
But with the privatization procedure, most of the apartments (today about 85% of the total housing stock) became the property of the residents.
With the receipt of the right to their square meters, the newly minted owners acquired the responsibility to maintain these meters in a condition suitable for living.
It is quite clear that each owner independently carries out repairs of his living space. But since the apartment is part of a large house, you have to take responsibility not only for your own square meters, but also for common property.
It includes the attic, basement, entrance, and adjacent areas.
It is possible, but this is fraught with penalties and fines. Even if you pay all utility bills on time and in full, but ignore the receipt for major repairs, you are a defaulter. This is clearly stated in the legislation.
But for those who are seriously concerned about how not to pay for major repairs on a legal basis, we can only say one thing; it is still possible not to pay for it, but not for everyone:
The legislation provides for the possibility of making changes to this list within a particular region at its discretion.
If you are not on the official list of those who legally do not pay for major repairs, you do not have the right to evade this payment.
The amount of the fee for major repairs consists of several parameters. In particular, the region in which the property is located is of no small importance.
So, for example, in Moscow in 2020 the tariff for major repairs is 17 rubles per 1 sq. m. m, while in St. Petersburg this amount starts from 3 rubles. The national average tariff for major repairs ranges from 5 to 7 rubles per 1 sq. m. m.
The size of the tariff will depend not only on the region of residence, but also on the type of building in which the apartment is located. So, for example, in the Altai Territory the fee ranges from 4.73 rubles to 5.79 rubles per square meter.
The minimum tariff of 4.73 rubles is provided for residents of apartment buildings of 5 floors and above. A tariff of 5.26 rubles is paid by residents of brick and monolithic, block and panel houses with a height of up to 4 floors.
For residents of wooden apartment buildings of mixed structures, the highest tariff is provided - 5.79 rubles.
This gradation of tariffs appeared for a reason; wooden houses are more susceptible to wear and tear and more funds are required to repair them. While monolithic and brick houses wear out less.
The more floors there are in the house, the more residents participate in raising money for its renovation.. At the same time, the most expensive part of the work is the roof and basement, which are equal in volume to a standard 4-story building. Some regions have abandoned tariff gradation, introducing a single rate for all owners.
The tariffs established by the state are not a final amount, but only a minimum, below which the tariff for major repairs cannot be.
And if they mutually wish, the owners of an apartment building can decide at a general meeting to increase the amount of payment for repairs. This will speed up the collection of money and the house can be renovated earlier than scheduled.
With funds collected in excess of the required amount, residents of the house will be able to order an additional amount of work that is not included in the list of standard overhaul services. For example, install a modern playground or build a football field.
To get the full amount of the monthly payment, you need to multiply the tariff accepted for a given house by the area of the apartment. The area of loggias and balconies is not taken into account.
So, at a tariff of 5.79 rubles per 1 sq. m resident of a one-room apartment with an area of 40 square meters. m will pay 231.6 rubles monthly, while the owner of a three-room apartment in the same building with an area of 65 square meters. m will pay 376.35 rubles.
The payment is calculated by the regional operator based on all available tariffs.
Recently, for the convenience of owners, the line for major repairs has been removed from the receipt for payment for residential complex services and placed on a separate form. This allows you to transfer the amount for major repairs to a separate bank account, bypassing intermediaries.
Do I need to pay for major repairs in a new building? This question does not arise by chance; it would seem that what kind of major repairs can we talk about if the builders left the house only yesterday.
That is why there is a certain deferment for residents of new buildings. By law, it is designed for no more than five years.
During this period, the house is under warranty, and if serious defects are identified during this time, the developer will be obliged to eliminate them on his own.
The legislation provides for a deferment for new buildings for a period of 3-5 years. From what time to start paying is determined by regional authorities.
But in any case, as soon as the grace period expires, the house will be included in the register of participants in the capital repair program, and apartment residents will begin to pay for major repairs.
Even if you are a regular payer and the only payment that you, due to some inner conviction, categorically ignore is the payment for major repairs, you are a debtor.
So what will happen if you don’t pay for major repairs of an apartment building, and in your convictions? A debt reminder will be sent until the payment is cleared.
If this does not happen, a statement of claim will be filed against the debtor and the debt will still have to be repaid, but taking into account legal costs.
Even a debt of several months will lead to some kind of fines in the form of penalties - penalties for non-payment. And every month the amount of the penalty will grow in proportion to the growth of the total debt.
If a person uses subsidies and benefits when paying for utilities, he may be deprived of this prerogative.
If for some reason the owner does not receive a receipt for payment for major repairs, but he knows for sure that there should be one, you can find out the payment amount yourself.
Information about all payers is available from the regional operator that accepts payments for major repairs. Just go to the operator’s website and enter your personal account.
If payments for major repairs are received not to the account of the regional operator, but to a separate account of the house, the amount of debt can be found out in the settlement department of the HOA to which the house is assigned.
There is only one conclusion: whether you need to pay for major repairs of an apartment building is up to everyone to decide for themselves. But in case of non-payment, problems will definitely increase.
Video: Is it possible not to pay fees for major repairs?
Contributions for major repairs appeared relatively recently, but caused a predominantly negative reaction from the Russian population. In the difficult economic situation, another mandatory payment was introduced. Many people refuse to pay these fees on principle, but what does the law say?
Since 2013, Russians living in apartment buildings began to receive new payment receipts - notifications about the need to pay contributions for major home repairs.
This is due to amendments to the Housing Code of the Russian Federation that were introduced at the end of 2012. The essence of the amendments is that the obligation to pay for the maintenance of common property (in apartment buildings) was assigned to on apartment owners. In 2013-2015, contributions for capital repairs were introduced in different regions, the last subject being Moscow.
The capital repair program differs in different regions of Russia; this mainly concerns different tariffs, as well as the list of houses included in the program and the timing of their repairs.
As initially expected, the introduced system of contributions for major repairs will ensure safe and comfortable living conditions for residents in apartment buildings, most of which were built several decades ago and have already accumulated serious wear and tear.
By 2010, the share of dilapidated and dilapidated housing in Russia reached 3% (this is more than 100 million square meters) compared to 1.3% in 1990. Without expensive repairs, such houses will not be able to be used after some time without major repairs.
Therefore, the owners of apartment buildings were obliged to independently finance capital repairs. Since the cost of repairs amounts to millions of rubles, it was decided to establish a rule to gradually save money for repairs - through monthly contributions.
A major renovation of an apartment building is a large-scale construction event, after which all the standard characteristics of the building are restored. In particular, the capital repair program for a particular house includes:
- complete or partial replacement of building structures;
- roof repair;
- repair and strengthening of balconies;
- strengthening the foundation;
- repair or replacement of engineering systems (water supply, sewerage, electricity, heating, etc.);
- replacement of worn-out elevators (if any);
- additional measures at the request of the home owners (for example, insulation of the facade).
Contributions for major repairs are collected in a special fund. Most often, contributions go to the Capital Repair Fund of a constituent entity of the Russian Federation, which is managed by a special non-profit organization - a regional operator.
With this form of collecting contributions, there is a certain order in which houses are repaired. The most worn-out houses are usually repaired first, and repairs of houses in relatively acceptable condition are postponed for a fairly long period (until 2030 and later years).
You can find out what year the major renovation of a particular house is planned for on the website "Housing and Communal Services Reform". There you can also find out what amount of contributions for the house has already been collected, and what amount has not been paid:
By entering the address of your home, you can find it in the list:
Who should pay and how much?
All owners - both citizens and legal entities - must pay, regardless of what type of premises do they own?(residential or non-residential). Both the municipality (for apartments in municipal ownership) and even the state (if some part of the house is owned by the state) must pay the fees.
According to the law, contributions for major repairs of apartment buildings are mandatory and must be paid monthly by the owners.
It is worth noting that the obligation to pay fees applies even to new owners who bought the premises with a debt. Unlike other types of utility payments, the debt for major repairs is transferred to the new owner.
Owners of certain types of houses are exempt from paying contributions for major repairs:
- which are recognized as unsafe and subject to demolition;
- which will be seized for state and municipal needs.
It is important that tenants are not required to pay contributions - This is the sole responsibility of the owner. If a person lives in an apartment under a lease agreement, payments are made by the owner (lessor). For housing provided under a social rental agreement, the payer is a municipal entity. In this case, the landlord may well agree to increase the rent by the amount of the contributions.
The amount of contributions for major repairs is established by the constituent entity of the Russian Federation. The minimum contribution value is set per 1 square meter, but if residents want to add additional “options” to the renovation or save up for it faster, they can increase the contribution.
On average in the regions of Russia, the contribution rate is about 6 rubles per 1 square meter. The rate may differ in different types of houses (with or without an elevator, brick or panel, etc.). The highest tariff is in Moscow, 15 rubles per meter. In St. Petersburg it is much less and amounts to 2-3 rubles.
As experts note, some regions set unreasonably low tariffs - from 1 to 3 rubles per square meter. Such figures are far from economically justified and only reflect the populism of local authorities. Moreover, it is believed that the tariff should be approximately a quarter of the fee for the maintenance of apartment buildings (that is, with a fee for current maintenance of 30 rubles, the contribution for major repairs should be about 7.5 rubles per meter). However, in many regions this ratio is not maintained.
Miscalculations by local authorities when determining the tariff ultimately lead to the fact that each year there is enough money to repair a small number of houses, and as a result, other houses will wait decades for repairs.
Who has benefits for paying contributions?
As noted above, tenants of premises, as well as residents of dilapidated houses and those houses that will be confiscated by the state, do not have to pay for major repairs. However, in these cases there are no actual benefits - the local administration pays for municipal housing, and there is no need to repair the house being demolished.
In addition, there are several other categories of owners who are exempt from paying contributions. These are the owners of apartments in the following buildings:
- for which the minimum amount planned for major repairs has already been collected;
- which are not included in the regional overhaul program;
- new buildings for a maximum of 5 years after the house is put into operation (the period is set by the regions, often it is only a few months. You can read more in detail).
- disabled people of groups I and II, as well as families with disabled children;
- low-income citizens and families (payment of contributions for major repairs is included in the amount of utility costs, which is calculated when calculating the subsidy);
- veterans and participants of the Great Patriotic War;
- labor veterans;
- rehabilitated victims of repression;
- received radiation exposure;
- large families;
- non-working pensioners and families of pensioners over 70 years of age (50% compensation) and over 80 years of age (100% compensation).
It is worth considering that for almost all categories of beneficiaries, compensation must be provided for by the legislation of the constituent entity of the Russian Federation. In some regions, unfortunately, there are still problems with the legal registration of such benefits. Federal beneficiaries are WWII veterans and disabled people.
It is important to distinguish between exemption from payment of contributions and the right to receive compensation. For houses for which owners are exempt from paying contributions, they have the right not to pay them. For beneficiaries, payment of contributions is mandatory, but subsequently they receive from the budget a certain share of the amount paid (or a subsidy, like the poor).
To apply for compensation for contributions for major repairs, you need to contact the local administration (department of social protection of the population, housing department or another) and provide the following documents:
- application in the prescribed form (department employees will help you draw it up);
- passports of home owners and people living with them;
- confirmation of entitlement to benefits (veteran’s certificate, disability certificate, etc.);
- receipts for payment of contributions (up to the time of application);
- an extract from the house register or a certificate of family composition;
- certificate of absence of debt for utility services;
- to obtain low-income status - relevant documents (income certificates, receipts for payment of all housing and communal services, etc.).
You can also submit an application to the MFC at your place of residence or through the State Services portal.
Additionally, it is worth noting that for regional beneficiaries, compensation can only be calculated for the standard area (36 square meters per person or 54 square meters per family).
You can find out more precisely whether a particular person is entitled to compensation for contributions for major repairs, and if so, in what amount, as well as a list of documents for registration, you can visit the nearest MFC or the relevant department of the municipal administration at your place of residence.
To pay or not to pay?
Despite the fact that the obligation to pay monthly contributions for major repairs is enshrined in the Housing Code of the Russian Federation, many homeowners have doubts about the advisability of paying them.
The law clearly and unambiguously states: the responsibility to maintain common property (roof, stairs, elevators, communications, etc.) rests with apartment owners. This position was also taken by the Constitutional Court in its decision of March 3, 2016.
Legislation (part 14.1 of article 155 of the Housing Code of the Russian Federation) penalties have been established for non-payment of contributions for major repairs: a penalty in the amount of 1/300 of the refinancing rate of the Bank of Russia for each day of delay - at the moment this is 0.025% of the debt amount per day.
Since contributions for major repairs are considered utility bills, the same penalties are applied for non-payment: going to court (and then you will have to pay court costs and enforcement fees), a ban on leaving Russia, arrest and seizure of property).
In fact, in Russia by 2018, the collection of contributions for major repairs is about 90%, but the situation varies greatly by region. For example, in Crimea only 44% of owners pay for major repairs, while in the Perm region - more than 100% (that is, even old debts are paid off).
Judicial practice regarding collections at the moment is such that the courts in most cases side with the plaintiffs (that is, the Regional Capital Repair Funds). They can be refused only if there are errors or inaccuracies in the data. Defendants must also pay court costs. Since the amount of debts does not exceed 500 thousand rubles, the courts are held in an expedited manner, and then collection is carried out according to court orders.
Opponents of paying contributions usually refer to the ruling of the Supreme Court of the Russian Federation, but they interpret it incorrectly - the court recognized the legality of the contributions.
Consequently, the legislative framework and judicial practice confirm the legality of the requirements for payment of contributions for major repairs. Accordingly, there is only one answer to the question “to pay or not to pay” - “to pay”, otherwise you will still have to pay, but more.
Is there an alternative?
As such, there is no alternative to mandatory contributions for capital repairs. But residents of individual houses who do not trust or for other reasons do not want to pay into the regional fund can create their own special account.
There are 2 ways to form a capital repair fund:
- on the account of the regional fund operator– if the apartment owners voted for this option or if they did not make any decisions;
- on a special account– if more than half of the house owners voted for it.
If the owners have decided to form a fund in a special account, the payment procedure will be approximately the same - they receive receipts and make payments on them, only the money goes not to the account of the regional operator, but to a special account.
A special account can be opened by both a regional operator and a homeowners association, cooperative, or management company. It is important that an individual cannot open such an account.
The difference between the methods of forming a fund is as follows:
- The regional operator receives contributions and uses them to repair houses under a short-term program. The choice of houses is determined by the regional program, the condition of the houses, and the cost of repairs. Therefore, this option is suitable for those houses that are already in a state of disrepair.
- When using special accounts, money accumulates on it until major repairs are carried out. The owners themselves decide how to use the funds. For example, one year they can negotiate a higher rate and save up to repair worn out pipes, the next year they can pay for roof repairs, etc.
The choice of savings option is a decision of the general meeting of apartment owners.
To open a special account, there must be a corresponding decision from the owners, and the tariff must also be approved (it cannot be the minimum for the region).
The account itself is opened at the bank. In order to use the accumulated amount for certain purposes, a meeting of owners is also organized and a decision is made. Based on this decision, the bank transfers money from the special account to the appropriate accounts - contractors, material suppliers, etc. The translation can only be agreed upon after completion of the work.
When choosing an option for saving money, you need to take into account the condition of the house, whether there are people willing to organize meetings of owners and monitor the implementation of major repairs. Let us note that the Ministry of Construction in its recommendations focuses specifically on special accounts.
Therefore, opening a special account is a fairly attractive alternative to contributions to a regional fund. It is important that the money collected by the owners will not be spent on any purposes other than the actual major repairs. You also don’t have to wait for decades, but repair something in your house every year.
We tell you when debtors should expect bailiffs and whether it is possible to legally get rid of contributions.
I have not paid for major repairs since 2015, because I believe that these fees are illegal. Can I be held accountable?
Despite the fact that the law on overhaul was signed back in 2012, disputes about whether new payments were obligatory for citizens continued until 2016, when the Constitutional Court of Russia finally came to a conclusion and recognized these contributions as legal.
The obligation to pay for major repairs is provided for by Federal Law No. 271-FZ dated December 25, 2012. Residents of the Kirov region began receiving the first payments at the end of January 2015. Since then, the tariff has increased from 6.7 rubles. per square meter increased to 8.3 rubles. By the way, this is one of the highest tariffs in Russia.The collection rate of contributions in the Kirov region is 82%, that is, about 18% of owners do not pay for major repairs. As of November 2017, citizens’ debt to the regional Capital Repair Fund is 600 million rubles.
What liability is provided for debts for major repairs?
For non-payment of contributions for major repairs, administrative liability is provided - the same as in the case of non-payment of other utilities. Starting from the 31st day of delay, the owner is charged penalties. In theory, notifications from the regional operator will begin to arrive in your mailbox about the need to repay debts. If payments for major repairs are not received from the owner for two months or more, the regional operator may go to court. In this case, it does not matter when the major repairs will take place in the debtor’s house.
In most cases, the court sides with the plaintiff and decides to collect the debt. It can be repaid voluntarily within five days. If this does not happen, the debtor is also charged an enforcement fee - 7% of the debt amount, but not less than 1,000 rubles for citizens and 10,000 rubles for debtor organizations, the press service of the Federal Bailiff Service for the Kirov Region recalled. Today, the regional department of the department has 1,011 enforcement proceedings pending against debtors for major repairs worth more than 7 million rubles.As a rule, the debtor is not invited to court, since amounts up to 500 thousand are collected within the framework of a court order,” commented Andrey Vorobyov, an expert at the Public Chamber of the Kirov Region and the head of the ANO Housing and Communal Services Expert. - There will be no trial involved.
In the apartment of persistent defaulters for utilities, including major repairs, they can also turn off the electricity and water, block the sewer system, withhold the debt from the salary bank card, seize the property, and if the amount of debt exceeds 10 thousand rubles, they may not let them out. countries. However, the extent to which this practice applies specifically to non-payers of contributions for major repairs is unknown.
Are there legal ways to avoid paying for major repairs?
The following categories of citizens do not pay contributions for major repairs:
residents of houses recognized as unsafe or subject to demolition;
single non-working pensioners over 80 years of age;
residents of municipally owned houses;
residents of houses under which the land is taken for state or municipal needs.
Those who pay for major repairs not to the regional operator (NGO Capital Repair Fund), but deposit money into a special house account, have the opportunity to suspend payments, Andrey Vorobyov noted. If the house is not older than five years and an amount of 10% of the maximum cost of repair work has been accumulated in the account, then, by decision of the meeting of owners, contributions can be suspended until major repairs begin in the house. If the house is from 5 to 10 years old, you need to accumulate 20%, from 10 years - 30%.
Can I appeal a debt collection order?
This can be done within 10 days. After this, a standard trial begins, in which the plaintiff sues the debtor, and he will have to appear at the hearing and prove his right not to pay contributions. However, in the vast majority of cases it is impossible to prove this, since on April 12, 2016, the Constitutional Court already recognized the obligation to pay for major repairs as legal.
If the receipt from the regional operator does not indicate the full name of the owner who must pay the fee, or is indicated incorrectly, does this exempt him from paying the fee?
Doesn't release. The owner's full name may not be indicated on the receipt due to the fact that the Overhaul Fund has not fully received the owner's personal data. If the Fund collects the debt through the court, it may request an extract from Rosreestr, in which the full name will be indicated. According to this extract, the debt will be collected.
If I bought an apartment from an owner who has accumulated debts for major repairs, will I have to pay them?
Yes, according to Part 3 of Art. 158 of the Housing Code of the Russian Federation, the obligation, including the debt for major repairs, passes from the previous owner to the new owner from the moment of registration of the property. Therefore, before purchasing a secondary home, you must definitely check your debts. You can ask for the last paid receipt directly from the person from whom you are buying the apartment, make a request to the regional Capital Repair Fund, or contact the management company or the HOA servicing the house if its residents have opened their own account for contributions to capital repairs.
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