Reasons for paying for major repairs. How not to pay for major repairs legally

Are tenants required to pay contributions to the fund for major repairs?

Yes, it's a duty. Payment is not imputed only to owners of housing belonging to the emergency fund and certain categories of citizens recognized as the least socially protected.

And notorious Determination No. A-57-APG14-2 dated June 4, 2014, which is referred to, in no way cancels the provisions of the law, it is only an answer to the question of the legality of the regional operator's fund. And what powers does he have?

And about what you need to pay for major repairs, without any rumors it is said in the federal legislation of the Russian Federation which has not yet expired.

Who has the right not to pay?

Who is not obliged to pay for the overhaul of common property in an MKD? There are such "castes" (Federal Law No. 399-FZ of December 29, 2015). The homeowner's overhaul fee is not mandatory for:

Some citizens will be compensated for expenses in the amount of up to 50%: these are disabled people of groups 1 and 2, pensioners from 70 years old (single or living in a family only from people of retirement age), disabled children and those who have a disabled child.

Separately, it is worth mentioning the owners of apartments in new buildings.. The law does not say anything about them and does not single them out in the category of “legitimate non-payers”.

Although in their case we will talk about repairs no earlier than in five to ten years. Are homeowners obligated to pay for major repairs if the building that needs repairs for one reason or another is “under” 5 years old? In this case, all work to restore the new apartment building is assigned to the construction company.

It will not be possible not to pay, but there is every reason to hope that their situation will be taken into account by legislators.

We look at the provisions of the law

Is the overhaul fee mandatory or voluntary? Just a couple of years ago, these contributions were indeed voluntary.

In 2014 (since July 1), changes were made to Federal Law No. 271-FZ. In particular, Article 13 was "adorned" with paragraph 8.2, and it just implies the minimum contributions for overhaul.

Is the law perfect? At the moment, fuzziness is really striking, for example, the absence of a boundary between current repairs and overhauls.

That is, in practice, of course, everyone understands the difference in terminology - current repairs are minor corrections, such as painting, plastering, structural repairs. Major works include more large-scale works - improvements in structures, restoration of worn parts, etc.

But the point is that the column in payments from housing and communal services is called "current repairs". But after all, the tenants are already paying for it, and therefore they are indignant: why are they obliged to pay more ?!

In fact, one should only be indignant at the fuzzy formulations of the law which is not always easy to understand right away. In fact, the money will go to the intended purpose.

The trouble is that the boundary between current and major repairs is often very conditional.

Another reason for the dissatisfaction of the inhabitants of the houses is putting money into what they think is a "common pot". That is, there are two "piggy banks":

a special account for a separate building (established in agreement with the meeting of homeowners);
account of the regional operator.

It is clear that the last "piggy bank" is more voluminous and contributions from many houses are received there. Is it necessary to pay to the capital repair fund, because many absolutely rightly do not want to pay for other people's repairs?

But according to the authorities, this should not be feared - a strict record of all incoming tranches is kept and not a single house will be repaired at the expense of another.

The size of the trenches in different regions of Russia also varies. Its size is influenced by many nuances, such as how old the building is, what material it is made of, whether it has an elevator or not, etc.

No down payment and no payment after down payment: is there a difference?

Contributions are preliminary, the work will be done when the required amount is accumulated in the account. The HOA can completely take this process into their own hands and open their own account.

Truth, there is one "but"- if the deadline is right, but it turns out that there are no funds, the owners will have to take a loan from the bank.

Are we obligated to pay for major repairs of the house if there is no contract? There is also an opinion: if the contract is not signed and the first payment has not been made (it is he who is an effective confirmation of the party about the existence of contractual relations), then there is no need to pay.

At the same time, they refer to Article 425 of the Civil Code, which regulates the adoption of the contract.

Article 425. Validity of a contract

The contract comes into force and becomes binding on the parties from the moment of its conclusion.
The parties have the right to establish that the terms of the agreement concluded by them apply to their relations that arose before the conclusion of the agreement, unless otherwise provided by law or follows from the essence of the relevant relations.
The law or the contract may provide that the expiration of the term of the contract entails the termination of the obligations of the parties under the contract.
An agreement in which there is no such condition is recognized as valid until the moment of completion of the fulfillment of obligations by the parties specified in it.
The expiration of the contract does not release the parties from liability for its violation.

I would like it so much, but in fact everything again rests on the notorious Federal Law No. 271-FZ and.

It is they, and not the contract, that dictate to the owners of apartments whether to pay or not. The need for payment is clearly stated in the regulatory legal acts.

After the adoption of the law, eight months were allotted for the owners of the apartments to decide at the general meeting who they will transfer the contributions to - the regional operator or to the special account of their building.

Because it is the general meeting of owners that is the governing body of the house (Article 44 of the LCD), but it is not the final authority.

If no decision is made, no big deal.— the regional account already exists and is kindly provided by the municipality.

Do I have to pay for repairs? As you can see, the question “is it possible not to pay” is not worth it at all - legally required to pay for repairs. The choice is “where to transfer contributions” - and here the owners are given a certain freedom of action.

Worth paying or not?

Worth it if you don't want trouble firstly(because only the fear of punishment can force many citizens to comply with the established rules).

And secondly, it’s worth it if you want to live in a habitable house - after all, all tranches are strictly taken into account and repairs of houses are carried out at their expense.

So, it turns out that citizens do not pay the Management Company, but themselves.

Effects

Adverse:

a gradually deteriorating building (it is not only unpleasant to live in, but sometimes unsafe. Few people want to guess when entering the elevator whether it will safely reach the desired floor or not);
notifications from the Management Company;
late payments and accrual of penalties;
trial.

The amount of penalties will depend on what tariffs are set in a particular region taken.

Separately, it should be mentioned how the Management Company may react. Utilities have the right to notify the debtor of overdue contributions(official document, mailed with notification signed) and then apply sanctions.

This includes the shutdown of utilities. And the presence of minor children will not be an obstacle.

And the measures will follow (clause 80 of the Rules for the provision of public services). Up to the "heavy artillery" (claim demanding eviction), because According to Deputy Minister of Construction and Housing A. Chibis, the situation is almost desperate.

Approximately one quarter of Russians do not consider it necessary to comply with the provisions of the law on mandatory contributions for capital repairs. Whether the authorities will allow someone to disobey the law is a rhetorical question.

So when you ask yourself the question, “Do I have to pay into the home improvement fund?”, think about this one more thing - the best way to avoid problems from non-payment is not to allow it.

To do this, it is necessary to realize that although the wording of the law may still be far from perfect, but you pay in any case to yourself and only to yourself- for a comfortable and safe stay.

Every citizen of the Russian Federation knows what the payment for a major overhaul is. However, not everyone thinks about what exactly this fee goes to. Why does each of us monthly give a certain amount of money to the housing office? How should a major overhaul of an apartment building take place, and how does it actually work? All these questions will be answered in the article.

The concept of overhaul

Every high-rise building will sooner or later begin to wear out. In order to prevent an emergency, buildings must be repaired and modernized in a timely manner. Naturally, the necessary amount of money for repair work will not be taken from nowhere. Therefore, the residents themselves are obliged to pay for the repair work.

Before characterizing the legal aspects of the law regulating the repair work of buildings, it is necessary to talk a little more in detail about what is included in the overhaul system. What procedures and functional responsibilities of the ZhEK can be distinguished here? If we are talking about the minimum set of services and duties of a housing company, then the following functions should be distinguished:

replacement, repair or installation of various kinds of intra-house communications; these are heating, water supply, gasification and many other systems;
repair or replacement of elevators;
repair or installation of a house roof;
carrying out work in basements, strengthening the foundation;
repair or renovation of the façade - sealing joints, restoring plaster, replacing or renewing tiles, repairing gutters, etc.

Thus, the overhaul of an apartment building includes a fairly large number of various works.

General characteristics of laws on overhaul

It should be noted right away that at the moment in Russia there is no single bill that is entirely devoted to overhaul. All functional duties that combine into the overhaul of apartment buildings are regulated by a variety of laws and by-laws. Here are separate paragraphs of federal bills, and certain court decisions, and some articles of the Housing Code of the Russian Federation. However, the largest and most well-known law here is still worth highlighting: this is Federal Law No. 271 - on changes in the Russian Housing Code.

Until 2012, things were very bad in the housing sector. The confusion was both numerous legal contradictions and the lack of a clear system of laws that could regulate the repair of houses. Of course, there was the Housing Code. However, before the appearance in December 2012 of Federal Law No. 271, everything was not as it should be with him.

What changes followed with the beginning of the presented normative act? The main thing that should be noted here is that the payment for capital repairs began to be collected from citizens (before that, the authorities were completely engaged in repairs). Whether this is good or not is debatable. However, it will hardly be possible to deny the fact that the system of contributions and performance of work has become more convenient. But has it become fairer and better? Attempts to find an answer to this question will be indicated below.

Excursion to the past

As you know, therefore, it is worth going back a little to the past and trying to remember how the overhaul system worked earlier.

Even in Soviet times, the roofing of houses was steadily updated every 15 years, the foundation was repaired every 25 years, and the roofs of housing and communal services were dealt with every year. In principle, to this day, not much has changed. Any housing management company sets similar deadlines. If the work is not carried out, then the building will simply acquire an emergency condition, and ultimately collapse.

In the USSR, the overhaul of apartment buildings was entirely the responsibility of the authorities. All buildings were state property. Citizens were required to pay a certain amount of money in a timely manner, and the municipality carried out all the necessary construction and repair work. However, with the beginning of privatization, caused by the collapse of Soviet power, most of the buildings passed into the hands of private owners. Henceforth tenants have ceased to pay to bodies of local self-government.

The utter confusion continued until early 2000. Many houses became obsolete, became emergency and uninhabitable. That is why the authorities decided to take bolder measures. A refurbishment program has been developed. A little later, the law on the overhaul of apartment buildings followed. Residents were required to pay 5% of the amount required for the implementation of work on the transformation of housing. However, the general trend has not acquired a positive connotation: to this day, many homes simply remain without maintenance.

Community fee for major repairs: the amount as of 2017

The Russian authorities should pay attention to the European practice, which provides for the obligation of each tenant to create the so-called repair capital. A certain amount of money is collected, which is subsequently sent to the implementation of work on the transformation of housing. The advantage of such a system is obvious: all actions with finances remain in full view of every person. There is strict reporting that allows you to spend money strictly for its intended purpose; not a single penny can go into someone's pocket.

Nevertheless, in the Russian Federation, such a scheme would be applied with great difficulty. The main obstacle here is the ordinary poverty of the population. Many citizens simply would not be able to make payments on time due to the banal lack of finance. What system is in place today?

The authorities have developed a thirty-year plan (it will be valid until 2042), according to which the municipality is involved in fundraising. The same authority draws up a schedule of repairs for each individual house. The law on the overhaul of apartment buildings (FZ No. 271) states that it is necessary to pay a sum of money equal to at least 15 rubles per housing m 2. Of course, the authorities talk about the "incredible efficiency of the system created" and about "thousands of high-quality renovated houses." Do these statements correspond to today's realities? Each resident must answer this question for himself. Several theses from the relevant draft law can be cited as "supporting material".

Main software nuances

Every citizen must remember their housing rights - one has only to open the Housing Code and read its individual provisions. The following are the main theses about what constitutes a payment for a major overhaul. The law says the following:

All repair terms are set directly by the municipality. In case of violations, citizens have the right to file a complaint. The municipality will collect a commission and, if necessary, will try to repair the building in the right time.

The overhaul of the house cannot be postponed even after the residents themselves have carried out all the necessary renovation work.
A committee composed of housing representatives evaluates the overhaul carried out by the municipality.
The payment for major repairs is regulated by local governments. In this case, the fee may be subject to adjustment, but only if all tenants are notified about it.

The bill also refers to the main types of benefits that must be taken into account by local authorities. This will be discussed further.

About benefits

According to Federal Law No. 271, certain groups of citizens are entitled to a number of indulgences. So, some persons, which will be discussed later, are able to pay the tariff not in full.

families with three or more children;
disabled people;
families with children with disabilities;
military personnel, or the families of the dead military;
home front workers or veterans of the Second World War;
families without a breadwinner;
honorary donors;
holders of various state awards.

This also includes some other categories of citizens. All of them are registered in the Federal Law No. 271.

Explanation of utility tariffs

The cost of a major home renovation is made up of many different aspects. Here it is worth highlighting the size of housing, and the type of building, and the presence of certain housing elements (like an elevator, landings, etc.).

yard area;
cleaning and repair of landings;
work with the garbage chute;
maintenance and repair of the elevator system;
work with ventilation and sewer channels;
timely removal of garbage from the territory near the house, etc.

If the buildings have some kind of peculiar equipment, or they are located in inconvenient areas, then the collection of fees for major repairs may be slightly higher than the established norm. It is also necessary to talk about how the specifics of a residential building affect the cost of major repairs. The law regulates the following points:

residents of pre-revolutionary buildings (as a rule, such buildings are objects of culture) must pay about 3 rubles per m 2;
people living in "Khrushchev" must pay two rubles per m2;
citizens living in panel houses of the 60-80s must pay 2.2 rubles per m 2;
residents of brick houses must pay at least 2.5 rubles;
people living in modern buildings pay about 2.7 rubles.

Thus, the type of housing structure also significantly affects the cost of ongoing repairs.

Consequences of non-payment of tariffs

Oddly enough, many citizens simply refuse to pay tariffs for major repairs. For this, they find many different reasons: this is an unfair distribution of finances, and the lack of some kind of "return" on the part of the municipality (after all, often residents of houses simply do not see any repair work), and poor-quality repairs. Moreover, some people even question whether the payment for major repairs is legal.

One way or another, the state does not like non-payers, and therefore seeks to fight them in every possible way by imposing sanctions. What consequences can overtake a citizen who refuses to pay for the services of housing and communal companies? The most simple ones are fines according to the bank refinancing rate. This means that a person is obliged to cover overdue payments also 15% of the required amount of money.

If the case does go to court, then the following measures can be taken against the citizen:

House arrest;
inability to take loans from any bank in the country;
awarding a fine;
eviction from the house (but this is an extreme measure; multimillion-dollar debts are needed so that the court can deprive a citizen of property).

The simplest example here may look like this: a citizen owns an apartment of 50 m 2; debt of a citizen - 3 thousand rubles with a delay of 30 days. The municipality awards a fine of 45 rubles. For a year, the fine can increase to 800 rubles. Thus, no matter what opinion a citizen has about the overhaul system, he will still have to pay the necessary amount of money in a timely manner.

Expert opinion on the overhaul payment system

Disputes around the built system of payment for major repairs have been going on for a long time. What is the opinion of the majority of experts?

The real situation, according to most experts, cannot be called optimistic. On the one hand, it is practically impossible to change the existing system of payment for major repairs: a thirty-year plan has been adopted, and therefore all the problems outlined above will be unsolvable for a long time to come. The lack of banal transparency in the scheme, the fight against low-quality repair work, public control - all this can be fully implemented, perhaps, with the European system of payment for overhaul. However, even such a system cannot yet be effectively applied in the current realities: the level of poverty of the population is still high.

Solution

What could be the way out? The best option is HOA. A new house has been built in a certain area. The overhaul fee is the same here as elsewhere. Since the area was developed quite recently, the residents see no reason to give money to the municipality for no reason. That is why citizens decide to equip a homeowners association. From now on, all payments become transparent and visible to most residents.

Naturally, even under such conditions, many problems can arise. Homeowners associations can be organized only if there are really competent and active chairmen of the dwelling. If there are any, the question will be about the existence of the partnership's budget. Many will immediately have a question: is the payment for a major overhaul mandatory? The answer is definitely positive. Each citizen who is a member of the partnership must contribute to the extent possible to the development of the housing structure and maintaining it in a "healthy" state.

Prior to the entry into force of the Federal Law of the Russian Federation of December 25, 2012 No. 271-FZ “On Amending the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid” (hereinafter Law No. 271-FZ) overhaul apartment buildings helped to conduct the housing and communal services fund. Now the fund will only sponsor the resettlement of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ owners of housing in apartment buildings will pay for major repairs. Repair payments are mandatory. The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.

Let's look at the pros and cons of Federal Law No. 271-FZ how this will affect the wallets of ordinary citizens. The new law, in fact, did not introduce a new norm into civil law, since the Civil Code of the Russian Federation (Article 210) and the LC RF (Clause 1, Article 158) clearly state:

Owners are responsible for the maintenance of owned housing. In other words, a person who has bought, privatized or otherwise acquired the right to own an apartment in an apartment building receives not only rights, but also obligations to maintain housing in proper condition (repair of the roof, facade, foundation, etc.).

Law No. 271-FZ, recognizing the payment for overhaul as mandatory for all owners, is aimed at creating a clear mechanism that will allow for the overhaul of the entire housing stock in a planned manner.

In case of misuse of funds collected for the overhaul of apartment buildings, federal law No. 271-FZ provides for the following solutions:

1st option: By the end of 2013, the regions of the Russian Federation must create a capital repair fund and establish a state enterprise - a regional operator. The regional operator will carry out capital repairs using the funds that will go to the fund according to the plan, which will include each apartment building in the constituent entity of the Russian Federation. Such lists will be compiled by local governments. The registers will be in the public domain, and every citizen will be able to follow the progress of the queue for repairs. Each region will set its own fee for residents, but the federal and regional budgets will co-finance capital repairs.

This fundraising option actually contradicts the Civil Code of the Russian Federation and the Constitution of the Russian Federation. As noted above, the owner bears the burden of maintaining his property, but not someone else's. As a general rule, officials allow the use of collected funds from one house for the overhaul of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance in the first place, and whose house will be repaired in 10 years;

2nd option: The HOA has the right to open its own special account, to which the owners will transfer contributions for capital repairs in order to form a capital repair fund. At the same time, funds from such an account can only be used for major repairs and for nothing else.

If the Management Company arbitrarily increases the amount of the contribution for capital repairs, the owners can apply to the court to protect their interests.

Video: Discussion of the law on payments for capital repairs in 2016. Is it possible to “not pay capital repairs contributions” from July 2015

Should I pay for a major home renovation in 2016?

After the entry into force of Law No. 271-FZ, owners of housing in apartment buildings will pay for major repairs. Overhaul payments are mandatory.

The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local self-government bodies are required to create a capital repair fund and appoint a regional operator who will repair the housing stock and publish information on the state of the repaired houses on the Internet in a timely manner.
At first glance, everything is very clear, moreover, in some regions, even before the adoption of this law, the owners paid for the overhaul of residential buildings, but there are many speculations and rumors around this document about how this money will be collected and spent.
So, for example, it was not clear what fate awaits the money contributed by the tenants: whether they would put it on a separate bank account and repair only a specific house on it, or whether the authorities would create a “common pot”, the finances from which would be spent as needed.

Is there a way to avoid paying contributions for the overhaul of apartment buildings?

The law provides for three possibilities not to pay.

You can not pay if the house is recognized as emergency.
Because according to the new law on overhaul, the decision is made by the tenants themselves, then by a common decision the payment collection process can be stopped by collecting the required amount.
Use as contributions the funds from the rental of non-residential premises in the house (if it is common house property) and the rental of facades of the house for advertising.

As you can see, all of the above methods are just small exceptions to the rule. True, now at the level of the Russian government the issue of exemption from payment of tenants of new buildings is being discussed.

What happens to those who don't pay?

The overhaul fee will appear on your utility bill. However, Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional overhaul fund says that they will deal with debtors according to the scheme worked out by other communal organizations - first send them notifications, and then sue them. And the amount collected through the court will include interest and court costs. Therefore, it is better not to postpone payments and pay all contributions on time.

Is it possible to apply for a subsidy for the overhaul contribution?

Yes, there is such a possibility. The contribution is considered a payment for utility services. Therefore, if, with its advent, your payment for these services exceeds the standard for the maximum allowable share of citizens' expenses on housing and communal services, you will be entitled to apply for a subsidy.

What will happen if tenants paid contributions for repairs, and then their house is recognized as emergency?

Today it is one of the most difficult questions. According to the law, from the day the house is recognized as emergency, tenants will be exempted from contributions for overhaul. However, the funds collected in the common cauldron of the overhaul program cannot be directed to the resettlement of the house. Meanwhile, the program for the resettlement of dilapidated houses at the expense of the federal budget is calculated only until 2015.

Recently, a fraud scheme has appeared in which you can lose your housing, even if you have a certificate of ownership of the apartment in your hands (lying at home). Attackers simply enter into a contract of sale on your behalf, and the certificate is received as a duplicate.

(as amended on 06/29/2015)
»On Amending the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid»

Federal Law No. 271-FZ of December 25, 2012
(as amended on 06/29/2015)

"On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing as Invalid Certain Provisions of Legislative Acts of the Russian Federation"

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT CHANGES

IN THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE

LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNITION

VOID CERTAIN PROVISIONS OF LEGISLATIVE

ACTS OF THE RUSSIAN FEDERATION

State Duma

Federation Council

List of changing documents

(as amended by Federal Law No. 176-FZ of June 29, 2015)

Include in the Housing Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590; N 49, items 7027, 7061; N 50, items 7337, 7343, 7359; 2012, N 10, item 1163; N 14, item 1552; N 24, item 3072; N 26, item 3446; N 27, article 3587; N 31, article 4322) the following changes:

1) Article 2 shall be supplemented with paragraph 6.1 of the following content:

"6.1) organize the provision of timely overhaul of common property in apartment buildings at the expense of contributions from the owners of premises in such houses for the overhaul of common property in apartment buildings, budgetary funds and other sources of funding not prohibited by law;";

2) in paragraph 1 of Article 4:

a) Clause 11 shall be supplemented with the words “including the payment of a contribution for the overhaul of common property in an apartment building (hereinafter also referred to as the contribution for overhaul)”;

b) add clause 11.1 with the following content:

"11.1) formation and use of the fund for the overhaul of common property in an apartment building (hereinafter referred to as the capital repair fund);";

3) in Article 12:

a) add paragraph 10.1 with the following content:

"10.1) determining the procedure for establishing the need for a major overhaul of common property in an apartment building;";

b) add paragraph 16.4 with the following content:

"16.4) monitoring the use of the housing stock and ensuring its safety;";

c) add paragraph 16.5 with the following content:

d) add paragraph 16.6 with the following content:

"16.6) monitoring the choice and implementation by the owners of premises in an apartment building of the method of forming a capital repair fund;";

4) Article 13 shall be supplemented with paragraph 8.2 of the following content:

"8.2) establishment of the minimum amount of contribution for capital repairs;";

5) Article 19 shall be supplemented with part 6 of the following content:

“6. Monitoring of the use of the housing stock and ensuring its safety is carried out by the federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation.”;

6) in Article 20:

a) part 1, after the words "use and maintenance of the common property of the owners of premises in apartment buildings," add the words "formation of capital repairs funds,", after the words "provision of public services to owners and users of premises in apartment buildings and residential buildings", add the words ", specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings (hereinafter referred to as the regional operator)”;

b) Part 3 after the words “inspections of legal entities” shall be supplemented with the words “(except for regional operators)”, supplemented with the following sentence: “Relations related to the implementation of state housing supervision in relation to the activities of regional operators, the organization and conduct of their inspections are the provisions of the said Federal Law, taking into account the specifics provided for by Part 4.3 of this Article.”;

c) add part 4.3 with the following content:

“4.3. Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan for scheduled inspections. The period of inspections is not limited. Unscheduled inspections of regional operators are carried out without the consent of the prosecutor's office and without prior notification of regional operators about such inspections.”;

7) supplement Article 36.1 with the following content:

“Article 36.1. General funds held in a special account

1. The owners of premises in an apartment building own the rights to the funds held on a special account intended for transferring funds for the overhaul of common property in an apartment building and opened with a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, interest paid in connection with improper performance of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.

2. The share of the owner of a premise in an apartment building in the right to funds held in a special account is proportional to the total amount of contributions for capital repairs paid by the owner of such premise and the previous owner of such premise.

3. The right of the owner of premises in an apartment building to a share of funds held in a special account follows the fate of the ownership of such premises.

4. Upon transfer of ownership of a premise in an apartment building, the share of the new owner of such premise in the right to funds held in a special account is equal to the share in the right to the said funds of the previous owner of such premises.

5. The owner of premises in an apartment building is not entitled to demand the allocation of his share of funds held in a special account.

6. When acquiring ownership of premises in an apartment building, a share in the right to funds held in a special account shall be transferred to the purchaser of such premises.

7. The terms of the agreement, according to which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the right to funds held in a special account, are void.”;

In part 2 of article 44:

a) clause 1 shall be supplemented with the words “on the use of the capital repair fund”;

b) add paragraph 1.1 with the following content:

"1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of exceeding its size over the established minimum contribution for capital repairs, the minimum amount of the capital repair fund in terms of exceeding its size over the established minimum size of the capital repair fund ( in the event that the law of the subject of the Russian Federation establishes the minimum amount of the capital repair fund), the choice of a person authorized to open a special account and carry out transactions with funds held on a special account;”;

c) add paragraph 1.2 with the following content:

“1.2) making decisions on obtaining by a homeowners association or a housing construction cooperative, a housing cooperative or other specialized consumer cooperative, a managing organization and with the direct management of an apartment building, the owners of premises in this house by a person authorized by the decision of the general meeting of such owners, a loan or loan for overhaul of common property in an apartment building, on determining the essential terms of a loan agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the said guarantee, surety, as well as repayment at the expense of the capital repair fund of a loan or a loan used to pay the costs of major repairs of common property in an apartment building, and on the payment of interest for the use of this loan or loan, payment at the expense of the capital repairs fund of the costs of obtaining these guarantees, the guarantor stva;";

9) point 5 of part 2 of article 153 add the words "subject to the rule established by paragraph 3 of Article 169 of this Code";

10) Part 2 of Article 154 shall be stated as follows:

"2. The payment for housing and utilities for the owner of premises in an apartment building includes:

1) payment for the maintenance and repair of residential premises, including payment for services and work on the management of an apartment building, maintenance, current repairs of common property in an apartment building;

2) contribution for capital repairs;

3) utility bills.”;

11) in Article 155:

a) in Part 5, the words “current and capital” shall be replaced by the words “and current”, supplemented with the words “, including paying contributions for capital repairs in accordance with Article 171 of this Code”;

b) Part 6 shall be supplemented with the words ", including paying contributions for capital repairs in accordance with Article 171 of this Code";

c) in Part 7, the words “in the case provided for by Part 7.1 of this Article” shall be replaced by the words “cases provided for by Part 7.1 of this Article and Article 171 of this Code”;

d) Part 14 after the word “(debtors)” shall be supplemented with the words “(except for capital repairs contributions)”;

e) add part 14.1 with the following content:

“14.1. Owners of premises in an apartment building, who have not paid their contributions for capital repairs on time and (or) not in full, are obliged to pay interest to the capital repairs fund in the amount established in the manner prescribed by part 14 of this article. The said interest shall be paid in accordance with the procedure established for the payment of contributions for capital repairs.”;

12) article 156:

a) add part 8.1 of the following content:

“8.1. The minimum amount of the capital repair contribution is established by the regulatory legal act of the constituent entity of the Russian Federation in accordance with the methodological recommendations approved by the federal executive body authorized by the Government of the Russian Federation, in the manner established by the law of the constituent entity of the Russian Federation, based on the total area occupied by the premises in an apartment building owned by the owner such premises, and can be differentiated depending on the municipality in which the apartment building is located, taking into account its type and number of storeys, the cost of overhaul of individual elements of building structures and engineering systems of an apartment building, the standard terms for their effective operation before the next overhaul (normative overhaul periods), as well as taking into account the list of works on capital repair of common property in an apartment building.

b) add part 8.2 with the following content:

“8.2. The owners of premises in an apartment building may decide to establish a contribution for major repairs in an amount exceeding the minimum amount of such a contribution established by a regulatory legal act of a constituent entity of the Russian Federation.”;

13) in Article 158:

a) Part 1 shall be supplemented with the words “and contributions for capital repairs”;

b) part 2 shall be stated as follows:

"2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.”;

c) Part 3 shall be supplemented with the words “including the obligation not fulfilled by the previous owner to pay contributions for capital repairs”;

14) in article 159:

a) in part 6, the second sentence shall be amended as follows: “The size of the regional standard for the cost of housing and communal services is established for the persons specified in paragraphs 1-3 of part 2 of this article, based on the amount of payment for the use of residential premises (rent) for tenants under social tenancy agreements living in residential premises located in apartment buildings, the level of improvement, the design and technical parameters of which correspond to the average conditions in the municipality, the amount of the fee used to calculate the fee for the maintenance and repair of the residential premises for the indicated tenants, prices, tariffs and norms for the consumption of utilities used to calculate fees for utilities for these tenants. ”, supplement with the following sentence: “The size of the regional standard for the cost of housing and communal services is established for owners of residential premises based on the amount of the fee used for calculating and fees for the maintenance and repair of residential premises for the specified tenants, the minimum contribution for capital repairs (when paying contributions for capital repairs in accordance with this Code), prices, tariffs for resources necessary for the provision of public services, and standards for the consumption of public services, used to calculate utility bills for specified tenants.”;

b) part 11 after the words "the cost of housing and communal services" shall be supplemented with the words "including the cost of housing and communal services for owners of residential premises who, in accordance with this Code, pay contributions for major repairs,";

15) add Section IX with the following content:

"Section IX. ORGANIZATION OF MAJOR REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS

Chapter 15. GENERAL PROVISIONS ON MAJOR REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER

ITS FINANCING

Article 166

1. The list of services and (or) works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the funds of the overhaul fund, formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation , includes:

1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;

2) repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator shafts;

3) repair of the roof, including the conversion of a non-ventilated roof to a ventilated roof, arrangement of exits to the roof;

4) repair of basements belonging to common property in an apartment building;

5) insulation and facade repair;

6) installation of collective (common house) metering devices for the consumption of resources necessary for the provision of public services, and control units and regulation of the consumption of these resources (thermal energy, hot and cold water, electricity, gas);

7) repair of the foundation of an apartment building.

2. A regulatory legal act of a constituent entity of the Russian Federation lists services and (or) works for the overhaul of common property in an apartment building financed from the funds of the capital repairs fund, the amount of which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation Federation, may be supplemented by other types of services and (or) works.

3. If the owners of premises in an apartment building make a decision to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, the part of the capital repairs fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on the overhaul of common property in an apartment building.

4. The list of services and (or) work on the overhaul of common property in an apartment building that can be financed from state support provided by a constituent entity of the Russian Federation is determined by a regulatory legal act of a constituent entity of the Russian Federation.

Article 167

The state authorities of the constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring the timely conduct of major repairs of common property in apartment buildings located on the territory of the constituent entity of the Russian Federation, and which:

1) the minimum amount of the contribution for the overhaul of common property in an apartment building is established;

2) the procedure for monitoring the technical condition of apartment buildings is established;

3) a regional operator is created, the issue of forming its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activity of the regional operator is established;

4) the procedure and conditions for the provision of state support for the overhaul of common property in apartment buildings, including the provision of guarantees, guarantees for loans or loans, are approved, if the appropriate funds for the implementation of this support are provided for by the law of the subject of the Russian Federation on the budget of the subject Russian Federation;

5) establishes the procedure for the preparation and approval of regional programs for the overhaul of common property in apartment buildings, as well as the requirements for these programs;

6) establishes the procedure for the provision by the person in whose name the special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of information to be provided in accordance with Part 7 of Article 177 and Article 183 of this Code, a list of other information to be provided by these persons, and the procedure for providing such information;

7) establishes the procedure for payment by the owner of a special account and (or) the regional operator of capital repair fund funds to owners of premises in an apartment building, as well as the procedure for using capital repair fund funds for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;

The procedure for exercising control over the targeted spending of funds generated from contributions for major repairs and ensuring the safety of these funds is established.

Article 168

1. The highest executive bodies of state power of the constituent entities of the Russian Federation approve regional programs for the overhaul of common property in apartment buildings in order to plan and organize the overhaul of common property in apartment buildings, plan the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for major repairs).

2. The regional program for the overhaul of common property in apartment buildings (hereinafter referred to as the regional overhaul program) is formed for the period necessary for the overhaul of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:

1) a list of all apartment buildings located on the territory of a constituent entity of the Russian Federation, with the exception of apartment buildings recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation;

2) a list of services and (or) works for the overhaul of common property in apartment buildings;

3) the planned year for the overhaul of common property in apartment buildings;

4) other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

3. The sequence of capital repairs of common property in apartment buildings is determined in the regional capital repairs program based on the criteria established by the law of the subject of the Russian Federation and can be differentiated by municipalities. As a matter of priority, the regional overhaul program should provide for the overhaul of:

1) common property in multi-apartment buildings in which major repairs were required on the date of privatization of the first residential premises, provided that such major repairs were not carried out as of the date of approval or updating of the regional major repairs program;

2) apartment buildings, the overhaul of which is required in order to establish the need for a major overhaul of common property in an apartment building, approved by the Government of the Russian Federation.

4. Making changes to the regional capital repair program that provide for the postponement of the established period for the overhaul of common property in an apartment building to a later period, the reduction of the list of planned types of services and (or) work on the overhaul of common property in an apartment building is not allowed, with the exception of cases of adoption of the relevant decision by the owners of the premises in this apartment building.

5. The regional overhaul program is subject to updating at least once a year.

6. The procedure for the preparation and approval of regional programs for capital repairs and the requirements for such programs are established by the law of the constituent entity of the Russian Federation in accordance with this Code.

7. In order to implement the regional capital repair program, specify the timing of the overhaul of common property in apartment buildings, clarify the planned types of services and (or) work on the overhaul of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs public authorities of the constituent entity of the Russian Federation, local governments are obliged to approve short-term (up to three years) plans for the implementation of the regional capital repair program in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation.

Article 169

1. The owners of premises in an apartment building are obliged to pay monthly contributions for the overhaul of common property in an apartment building, except for the cases provided for by part 2 of this article, part 8 of article 170 and part 4 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the relevant decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.

2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation, as well as in the event that an executive body of state power or a local self-government body decides to withdraw a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality. The owners of premises in an apartment building are exempted from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.

3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after four calendar months, unless an earlier date is established by the law of a constituent entity of the Russian Federation, starting from the month following the month in which the approved regional program for capital repairs was officially published. renovation, which includes this apartment building.

4. Income from the transfer for use of objects of common property in an apartment building, funds of a homeowners association, including income from the economic activities of a homeowners association, may be directed by decision of the owners of premises in an apartment building, by a decision of members of the homeowners association adopted in accordance with by this Code, the charter of a homeowners association, for the formation of a capital repair fund in exchange for the fulfillment of the obligation of the owners of premises in an apartment building to pay contributions for capital repairs.

Article 170

1. Contributions for major repairs paid by the owners of premises in an apartment building, interest paid by the owners of such premises in connection with their improper fulfillment of their obligation to pay contributions for major repairs, interest accrued for the use of funds held on a special account form the capital fund. repair.

2. The amount of the capital repair fund is calculated as the sum of the receipts to the fund indicated in Part 1 of this Article, minus the amounts transferred from the funds of the capital repair fund in payment for the cost of services rendered and (or) work performed on the capital repair of common property in an apartment building and advance payments for the specified services and (or) works.

3. The owners of premises in an apartment building have the right to choose one of the following methods of forming a capital repair fund:

1) transfer of contributions for capital repairs to a special account in order to form a capital repair fund in the form of funds held on a special account (hereinafter - the formation of a capital repair fund on a special account);

2) transfer of contributions for capital repairs to the account of the regional operator in order to form a capital repair fund in the form of the obligations of the owners of premises in an apartment building in relation to the regional operator (hereinafter - the formation of a capital repair fund on the account of the regional operator).

4. If the owners of premises in an apartment building have chosen to form the capital repair fund on a special account as a method of forming the capital repair fund, the decision of the general meeting of owners of premises in an apartment building must determine:

1) the amount of the monthly contribution for capital repairs, which should not be less than the minimum contribution for capital repairs established by a regulatory legal act of a constituent entity of the Russian Federation;

2) - 3) have become invalid. - Federal Law of June 29, 2015 N 176-FZ;

4) the holder of a special account;

5) a credit institution in which a special account will be opened. If a regional operator is identified as the owner of a special account, the credit institution chosen by the owners of premises in an apartment building must carry out activities to open and maintain special accounts on the territory of the corresponding subject of the Russian Federation. If the owners of premises in an apartment building have not chosen a credit institution in which a special account will be opened, or if this credit institution does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit institution in which a special account is opened, is considered transferred to the discretion of the regional operator.

5. The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in an apartment building within the period established by the state authority of the subject of the Russian Federation, but not more than two months after the official publication of the approved subject of the Russian Federation in the statutory the order of the regional capital repair program, which includes an apartment building, in respect of which the issue of choosing the method of forming its capital repair fund is being decided. In order to implement the decision to form a capital repair fund on a special account opened in the name of the regional operator, the owners of premises in an apartment building must send to the regional operator a copy of the minutes of the general meeting of such owners who issued this decision.

6. Not later than one month before the expiration of the period established by part 5 of this article, the local government convenes a general meeting of owners of premises in an apartment building to decide on the choice of a method for forming a capital repair fund, if such a decision has not been made earlier.

7. In the event that the owners of premises in an apartment building did not choose the method of forming the capital repair fund within the period established by part 5 of this article or the method chosen by them was not implemented within the period established by part 5 of this article, and in cases provided for by part 7 of the article 189 of this Code, the local government decides on the formation of a capital repair fund in relation to such a house on the account of the regional operator.

8. The law of the subject of the Russian Federation may establish the minimum amount of capital repairs funds in relation to apartment buildings, the owners of premises in which form these funds on special accounts. The owners of premises in an apartment building have the right to set the amount of the overhaul fund for their home in an amount greater than the established minimum amount of the overhaul fund. Upon reaching the minimum capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay capital repairs contributions, with the exception of owners who are in arrears in paying these contributions.

Article 171

1. In the event of the formation of a capital repair fund on the account of a regional operator, the owners of premises in an apartment building pay contributions for capital repairs on the basis of payment documents submitted by the regional operator, within the time limits established for making payments for housing and utilities, unless otherwise provided by law subject of the Russian Federation.

2. In the event that a capital repair fund is formed on a special account opened in the name of a person specified in paragraph 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for making payments for housing and communal services.

Article 172. Control over the formation of the capital repair fund

1. The owner of a special account, within five working days from the date of opening a special account, is obliged to submit to the state housing supervision body a notification on the method of formation of the capital repair fund chosen by the owners of the premises in the relevant apartment building, attaching a copy of the minutes of the general meeting of owners of the premises in this apartment building on acceptance decisions provided for by parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise provided by the law of the subject of the Russian Federation.

2. The regional operator is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, provided by the law of the constituent entity of the Russian Federation, information on apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, and also on the receipt of contributions for major repairs from the owners of premises in such apartment buildings.

3. The owner of a special account is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the receipt of contributions for major repairs from the owners of premises in an apartment building, on the amount of the balance of funds on the special account.

4. The state housing supervision body maintains a register of notifications specified in paragraph 1 of this article, a register of special accounts, informs the local government body and the regional operator about multi-apartment buildings, the owners of the premises in which have not chosen the method of forming capital repairs funds and (or) have not implemented it .

5. The body of state housing supervision provides the information specified in parts 1 - 4 of this article to the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, in the manner established by this federal body.

Article 173

1. The method of forming the capital repair fund may be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.

2. In the event that for the overhaul of common property in an apartment building a credit, loan is provided and not returned, or there is a debt payable at the expense of the capital repairs fund for payment for the services rendered and (or) work performed on the overhaul of common property in an apartment building , a change in the method of forming the capital repair fund in relation to this apartment building is allowed subject to the full repayment of such debt.

3. If the formation of a capital repair fund is carried out on the account of a regional operator, in order to change the method of formation of the capital repair fund, the owners of premises in an apartment building must make a decision in accordance with part 4 of Article 170 of this Code.

4. The decision of the general meeting of owners of premises in an apartment building to change the method of forming a capital repair fund within five working days after the adoption of such a decision is sent to the owner of a special account to which contributions for the capital repair of common property in such an apartment building are transferred, or to a regional operator, to account to which these payments are made.

5. The decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account shall enter into force two years after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator in accordance with part 4 of this article, if a shorter period not established by the law of the subject of the Russian Federation, but not earlier than the occurrence of the condition specified in part 2 of this article. Within five days after the entry into force of the said decision, the regional operator transfers the funds of the capital repairs fund to a special account.

6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator shall enter into force one month after the decision of the general meeting of owners of premises in an apartment building is sent to the owner of the special account in accordance with part 4 of this article, but not before the occurrence of the condition specified in paragraph 2 of this article. Within five days after the entry into force of the said decision, the owner of the special account transfers the funds of the capital repairs fund to the account of the regional operator.

Article 174

1. Funds from the Capital Repair Fund may be used to pay for services and (or) work on capital repairs of common property in an apartment building, development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction services. control, repayment of credits, loans received and used in order to pay for the specified services, works, as well as to pay interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits, loans. At the same time, at the expense of the overhaul fund, within the amount formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for by Part 1 of Article 166 of this Code and the work provided for by the law of the subject may be financed. Russian Federation, repayment of credits, loans received and used to pay for these works, and payment of interest for the use of these credits, loans.

2. If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code by decision of the owners of premises in this apartment building, and in case of withdrawal for state or municipal needs of the land plot on which this apartment building is located, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the funds of the capital repairs fund are distributed between the owners of premises in this multi-apartment building in proportion to the amount of contributions paid by them for capital repairs and contributions for capital repairs paid by the previous owners of the respective premises.

Chapter 16. FORMATION OF THE CAPITAL REPAIR FUND

ON A SPECIAL ACCOUNT

Article 175. Special account

1. A special account is opened with a bank in accordance with the Civil Code of the Russian Federation and the specifics established by this Code. Funds deposited into a special account shall be used for the purposes specified in Article 174 of this Code.

2. The owner of a special account may be:

1) an association of homeowners managing an apartment building and established by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which is not more than thirty in total, if these houses are located on land plots that, in accordance with those contained in the state real estate cadastre documents have a common border and within which there are networks of engineering and technical support, other infrastructure elements that are intended for joint use by owners of premises in these houses;

2) a housing cooperative or other specialized consumer cooperative that manages an apartment building.

3. The owners of premises in an apartment building have the right to decide on the choice of a regional operator as the owner of a special account.

4. The owners of premises in an apartment building have the right to form a capital repair fund on only one special account. On a special account, funds from the overhaul fund of owners of premises in only one apartment building can be accumulated.

5. The special account agreement is open-ended.

6. Funds held in a special account cannot be levied on the obligations of the owner of this account, with the exception of obligations arising from contracts concluded on the basis of decisions of the general meeting of owners of premises in an apartment building specified in clause 1.2 of part 2 of article 44 of this Code, as well as contracts for the provision of services and (or) the performance of work on the overhaul of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in an apartment building to carry out a major overhaul or on another legal basis.

Article 176. Peculiarities of opening and closing a special account

1. A special account is opened in the name of the person specified in parts 2 and 3 of Article 175 of this Code, upon presentation of the decision of the general meeting of owners of premises in an apartment building, drawn up in minutes, adopted in accordance with paragraph 1.1 of part 2 of Article 44 of this Code, and other documents, prescribed by banking rules.

2. A special account may be opened with Russian credit institutions whose own funds (capital) amount to at least twenty billion rubles. The Central Bank of the Russian Federation quarterly publishes information on credit institutions that meet the requirements established by this part on its official website on the Internet.

3. The special account agreement may be terminated at the request of the owner of the special account if there is a decision of the general meeting of owners of premises in an apartment building, drawn up in the minutes, to change the method of forming the capital repair fund, to replace the owner of the special account or a credit institution, provided that there is no outstanding debt on the received in this a credit institution for a loan for the overhaul of common property in an apartment building.

4. The balance of funds upon closing a special account is transferred at the request of the owner of a special account:

1) to the account of the regional operator in case of a change in the method of formation of the capital repair fund;

2) to another special account in case of replacement of the owner of a special account or a credit institution based on the decision of the general meeting of owners of premises in the relevant apartment building.

5. The owner of a special account is obliged to submit an application to the bank to terminate the special account agreement and transfer the balance of funds within ten days after receiving the relevant decision of the general meeting of owners of premises in an apartment building. In the event that the owner of the special account does not terminate the agreement of the special account or does not submit an application for transferring the balance of funds on the special account to the account of the regional operator or another special account in accordance with the decision of the general meeting of owners of premises in an apartment building, within the period established of this part, any owner of premises in an apartment building, and in the case provided for by clause 1 of part 4 of this article, also a regional operator has the right to apply to the court for the recovery of funds on a special account of this apartment building, transferring them to another special account or to the account of the regional operator.

Article 177. Operations on a special account

1. The following operations can be performed on a special account:

1) write-off of funds related to settlements for services rendered and (or) work performed on the overhaul of common property in an apartment building and settlements for other services and (or) works specified in Part 1 of Article 174 of this Code;

2) writing off funds to repay credits, loans received to pay for services and (or) works specified in Part 1 of Article 174 of this Code, payment of interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits , loans;

3) in the event of a change of a special account, the transfer of funds held on this special account to another special account and crediting to this special account of funds debited from another special account, based on the decision of the owners of premises in an apartment building;

4) in the event of a change in the method of formation of the capital repair fund, the transfer of funds to the account of the regional operator and the crediting of funds received from the regional operator, based on the decision of the owners of premises in an apartment building;

5) crediting contributions for major repairs, accrual of interest for improper performance of the obligation to pay such contributions;

6) accrual of interest for the use of funds and write-off of commission in accordance with the terms of the special account agreement;

7) transfer of funds held on this special account in the cases provided for by paragraph 2 of Article 174 of this Code;

Other operations for debiting and crediting funds related to the formation and use of funds from the capital repairs fund in accordance with this Code.

2. Operations on a special account that are not provided for by part 1 of this article are not allowed.

3. The bank, in accordance with the procedure established by this article, banking rules and the special account agreement, is obliged to ensure that the operations carried out on the special account comply with the requirements of this Code.

4. Operations to transfer funds from a special account may be carried out by a bank at the direction of the owner of a special account to persons providing services and (or) performing work on the overhaul of common property in an apartment building, upon submission of the following documents:

1) the minutes of the general meeting of owners of premises in an apartment building, containing the decision of such a meeting on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;

2) an agreement on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;

3) an act of acceptance of the services rendered and (or) work performed under the contract specified in clause 2 of this part. Such an acceptance certificate is not provided in the event of an operation to pay an advance payment for the provision of services and (or) performance of work in the amount of not more than thirty percent of the cost of such services and (or) work under the contract specified in clause 2 of this part.

5. Operations to debit funds from a special account to repay loans, loans and to pay interest on loans, loans received for the overhaul of common property in an apartment building, can be carried out by the bank by order of the owner of the special account on the basis of:

1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such a meeting on the conclusion of a loan agreement, a loan agreement, respectively, with a bank, lender, indicating this bank, lender, the amount and purpose of the loan, loan;

2) credit agreement, loan agreement.

6. The bank refuses to execute the order of the owner of the special account on the performance of the relevant operation, in confirmation of which the documents specified in parts 4 and 5 of this article are not submitted.

7. The bank in which the special account is opened and the owner of the special account shall provide, at the request of any owner of premises in an apartment building, information on the amount of payments credited to the account of the owners of all premises in an apartment building, on the balance of funds on a special account, on all operations on this special account.

Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS

REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL

OF THE OPERATOR FOR FINANCING THE MAJOR REPAIRS OF THE GENERAL

PROPERTY IN APARTMENT BUILDINGS

Article 178. Legal status of a regional operator

1. A regional operator is a legal entity established in the organizational and legal form of a fund.

2. A regional operator is created by a constituent entity of the Russian Federation, and it may create several regional operators, each of which operates on a part of the territory of such a constituent entity of the Russian Federation.

3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the specifics established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.

4. The regional operator is not entitled to create branches and open representative offices, as well as create commercial and non-commercial organizations, participate in the authorized capital of business entities, property of other commercial and non-commercial organizations.

5. Losses inflicted on the owners of premises in multi-apartment buildings as a result of the regional operator's failure to perform or improper performance of its obligations arising from contracts concluded with such owners in accordance with this Code and the laws of the constituent entity of the Russian Federation adopted in accordance with it, are subject to compensation in the amount of the paid contributions for major repairs in accordance with civil law.

6. The subject of the Russian Federation bears subsidiary liability for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.

7. Methodological support for the activities of regional operators (including the development of guidelines for the creation of regional operators and ensuring their activities, recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services.

Article 179. Property of a regional operator

1. The property of a regional operator is formed at the expense of:

1) contributions of the founder;

2) payments by owners of premises in multi-apartment buildings, forming capital repair funds on the account, accounts of the regional operator;

3) other sources not prohibited by law.

2. The property of a regional operator is used to perform its functions in the manner prescribed by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the subject of the Russian Federation and other regulatory legal acts of the subject of the Russian Federation.

3. Funds received by the regional operator from the owners of premises in multi-apartment buildings that form capital repair funds on the account, accounts of the regional operator, can only be used to finance the cost of capital repairs of common property in these multi-apartment buildings. The use of these funds for other purposes, including the payment of administrative and economic expenses of the regional operator, is not allowed.

4. The funds received by the regional operator from the owners of premises in one multi-apartment buildings, which form capital repair funds on the account, accounts of the regional operator, can be used on a repayable basis to finance the overhaul of common property in other multi-apartment buildings, the owners of premises in which also form funds overhaul on the account, accounts of the same regional operator. At the same time, the law of the constituent entity of the Russian Federation may establish that such use of funds is allowed only if the said apartment buildings are located on the territory of a particular municipality or on the territories of several municipalities.

Article 180. Functions of a regional operator

1. The functions of the regional operator are:

1) accumulation of capital repairs contributions paid by the owners of premises in apartment buildings, in respect of which capital repairs funds are formed on the account, accounts of the regional operator;

2) opening special accounts in their own name and making transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator is not entitled to refuse the owners of premises in an apartment building to open such an account in his name;

3) implementation of the functions of a technical customer of work on the overhaul of common property in apartment buildings, the owners of premises in which form overhaul funds on the account, accounts of the regional operator;

4) financing of expenses for the overhaul of common property in apartment buildings, the owners of premises in which form capital overhaul funds on the account, accounts of the regional operator, within the funds of these capital overhaul funds, with the involvement, if necessary, of funds received from other sources, including from the budget of the subject of the Russian Federation and (or) the local budget;

5) interaction with state authorities of the constituent entity of the Russian Federation and local authorities in order to ensure timely overhaul of common property in apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator;

6) other functions provided for by this Code, the law of the subject of the Russian Federation and the constituent documents of the regional operator.

2. The procedure for the performance by a regional operator of its functions, including the procedure for financing the overhaul of common property in apartment buildings, carried out by it, is established by the law of the subject of the Russian Federation.

Article 181. Formation of capital repair funds on the account of a regional operator

1. Owners of premises in an apartment building who have made a decision to form a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not made a decision on the method of forming a capital repair fund, in the case provided for by Part 7 of Article 170 of this Code, are obliged conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of a major overhaul in the manner prescribed by Article 445 of the Civil Code of the Russian Federation. At the same time, the owners of the premises in this apartment building, having more than fifty percent of the votes of the total number of votes of the owners of the premises in this apartment building, act as one party to the contract being concluded.

2. Under an agreement on the formation of a capital repair fund and on the organization of a major repair, the owner of the premises in an apartment building on a monthly basis, within the time limits and in full, established in accordance with Article 171 of this Code, undertakes to make contributions to the account of the regional operator for capital repairs, and the regional operator undertakes ensure the overhaul of the common property in this apartment building within the time frame determined by the regional capital repair program, financing of such a major overhaul and, in the cases provided for by this Code, transfer funds in the amount of the capital repair fund to a special account or pay cash to the owners of premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.

3. In the cases provided for by Part 7 of Article 170 of this Code, the regional operator, within ten days after the decision by the local government body to form a capital repair fund in relation to an apartment building, on the account of the regional operator, must send to the owners of premises in this apartment building and (or) to persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of capital repairs of common property in this apartment building.

4. If prior to the deadline set by the regional overhaul program for the overhaul of common property in an apartment building, individual work was completed on the overhaul of common property in this apartment building, provided for by the regional overhaul program, payment for these works was carried out without using budgetary funds. funds and funds of the regional operator, and at the same time, in order to establish the need for a major overhaul of common property in an apartment building, re-performance of these works within the time period established by the regional overhaul program is not required, funds in an amount equal to the cost of these works, but not more than the amount the marginal cost of these works, determined in accordance with Part 4 of Article 190 of this Code, shall be counted in the manner established by the law of the subject of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for overhaul by the owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator.

Article 182

1. The regional operator shall ensure the overhaul of the common property in an apartment building, the owners of the premises in which form the overhaul fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital overhaul program, and financing the overhaul of the common property in the apartment building, including in case of insufficiency of the funds of the capital repair fund, at the expense of funds received from payments from owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget of the constituent entity of the Russian Federation and (or ) local budget.

2. In order to ensure the performance of work on the overhaul of common property in an apartment building, the regional operator is obliged to:

1) within the timeframes provided for by Part 3 of Article 189 of this Code, prepare and send proposals to the owners of premises in an apartment building on the start date for the overhaul, the required list and the scope of services and (or) works, their cost, on the procedure and on the sources of financing of the capital repair of common property in an apartment building and other proposals related to such a major overhaul;

2) ensure the preparation of a task for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of project documentation for major repairs, approve the project documentation, be responsible for its quality and compliance with the requirements of technical regulations, standards and other regulatory documents;

3) engage contractors for the provision of services and (or) performance of capital repairs, conclude relevant contracts with them on their own behalf;

4) control the quality and timing of the provision of services and (or) performance of work by contractors and the compliance of such services and (or) work with the requirements of project documentation;

5) carry out acceptance of the work performed;

6) bear other obligations stipulated by the agreement on the formation of the overhaul fund and on the organization of the overhaul.

3. To perform work that requires a certificate of admission to work issued by a self-regulatory organization that affects the safety of capital construction facilities, the regional operator is obliged to involve in the performance of such work an individual entrepreneur or a legal entity that has an appropriate certificate of admission to such work.

4. The law of the constituent entity of the Russian Federation may provide for cases in which the functions of a technical customer for major repairs of common property in apartment buildings, the owners of premises in which form capital repairs funds on the account, accounts of the regional operator, can be carried out by local governments and (or) municipal budgetary institutions on the basis of an appropriate agreement concluded with a regional operator.

5. The procedure for the regional operator to engage, including in the cases provided for by Part 3 of this article, local governments, municipal budgetary institutions of contractors for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is established by the subject of the Russian Federation.

6. The regional operator to the owners of premises in an apartment building who form a capital repair fund on the account of a regional operator is liable for non-fulfillment or improper fulfillment of obligations under the agreement on the formation of a capital repair fund and on the organization of capital repairs, as well as for the consequences of non-fulfillment or improper fulfillment obligations for overhaul by contractors engaged by the regional operator.

7. Reimbursement to the regional operator of funds spent on capital repairs of common property in an apartment building in an amount exceeding the size of the capital repairs fund is carried out at the expense of subsequent contributions for capital repairs of the owners of premises in this apartment building.

Article 183. Accounting for capital repairs by a regional operator

1. The regional operator keeps records of the funds received on the account, the account of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings, which form the overhaul funds on the account, accounts of the regional operator (hereinafter referred to as the capital repair fund accounting system). Such accounting is kept separately for the funds of each owner of premises in an apartment building. Such records may be maintained electronically.

2. The accounting system for capital repairs funds includes, in particular, information on:

1) the amount of accrued and paid contributions for capital repairs by each owner of premises in an apartment building, debts for their payment, as well as the amount of interest paid;

2) the amount of funds allocated by the regional operator for the overhaul of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on the overhaul of common property in an apartment building;

3) the amount of debt for the services rendered and (or) work performed on the overhaul of common property in an apartment building.

3. The regional operator, upon request, provides the information provided for in paragraph 2 of this article to the owners of premises in an apartment building, as well as to the person responsible for managing this apartment building (homeowners association, housing cooperative or other specialized consumer cooperative, managing organization), and when direct management of an apartment building by the owners of premises in this apartment building to a person specified in paragraph 3 of Article 164 of this Code.

Article 184

If an apartment building is recognized as emergency and subject to demolition or reconstruction, the regional operator is obliged to allocate funds from the capital repair fund for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code based on the decision of the owners of the premises in this apartment building to demolish it or reconstruction in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation. In case of withdrawal for state or municipal needs of the land plot on which an apartment building is located, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the regional operator in in the manner established by the regulatory legal act of the subject of the Russian Federation, is obliged to pay the capital repair fund to the owners of premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and the amounts of these contributions paid by the previous owners of the relevant premises in this apartment building. At the same time, the owners of premises in an apartment building retain the right to receive the redemption price for the withdrawn residential premises and other rights provided for by Article 32 of this Code.

Article 185

1. The requirements for ensuring the financial stability of the activities of a regional operator are established by this article and the law of the subject of the Russian Federation.

2. The amount of funds that the regional operator is entitled to spend annually to finance the regional capital repair program (the amount of funds provided at the expense of capital repair funds formed by the owners of premises in apartment buildings, the common property in which is subject to major repairs in the future period) is determined as share of the amount of contributions for capital repairs received by the regional operator for the previous year. In this case, the size of the specified share is established by the law of the subject of the Russian Federation.

3. Additional requirements for ensuring the financial stability of the activities of a regional operator may be established by the law of a constituent entity of the Russian Federation.

Article 186. Control over the activities of a regional operator

1. Control over the compliance of the activities of the regional operator with the established requirements is carried out by the authorized executive body of the subject of the Russian Federation in the manner established by the highest executive body of state power of the subject of the Russian Federation.

2. The federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:

1) exercise control over the use by the regional operator of funds received as state support, municipal support for capital repairs, as well as funds received from owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator;

2) sends to the regional operator submissions and (or) orders to eliminate the identified violations of the requirements of the legislation of the Russian Federation.

3. Bodies of state financial control of the subjects of the Russian Federation and bodies of municipal financial control of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the subjects of the Russian Federation and municipalities exercise financial control over the use by the regional operator of the funds of the relevant budgets in the manner established by the budget legislation Russian Federation.

Article 187. Reporting and audit of a regional operator

2. The adoption of a decision to conduct an audit, approval of an agreement with an audit organization (auditor) are carried out in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, as well as the constituent documents of the regional operator. Payment for the services of an audit organization (auditor) is carried out at the expense of the regional operator, with the exception of funds received in the form of payments from owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator.

3. The regional operator, no later than five days from the date of submission of the audit report by the audit organization (auditor), is obliged to send a copy of the audit report to the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of socio-economic development constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, and a supervisory authority.

4. The annual report of the regional operator and the auditor's report are posted on the website in the information and telecommunications network "Internet", taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secrets in the manner and within the time limits established by the regulatory legal act of the constituent entity of the Russian Federation.

IN AN APARTMENT BUILDING

Article 189

1. The overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, with the exception of cases provided for by paragraph 6 of this article.

2. The owners of premises in an apartment building at any time have the right to make a decision to carry out a major overhaul of common property in an apartment building at the suggestion of a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building, regional operator or on their own initiative.

3. At least six months (unless a different period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which a major overhaul of the common property in an apartment building must be carried out in accordance with the regional overhaul program, the person who manages apartment building or the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of a regional operator) submits proposals to such owners on the start date overhaul, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for the overhaul of common property in an apartment building and other proposals related to such a major overhaul.

4. The owners of premises in an apartment building, no later than three months from the date of receipt of the proposals specified in Part 3 of this Article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and take a decision at the general meeting in in accordance with paragraph 5 of this article.

5. By decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:

1) a list of major repairs;

2) cost estimate for major repairs;

3) the timing of the overhaul;

4) sources of financing for capital repairs.

6. If, within the period specified in paragraph 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not made a decision to carry out a major overhaul of the common property in this apartment building, the local government body makes a decision on carrying out such a major overhaul in accordance with the regional overhaul program and the proposals of the regional operator.

7. In the event that the overhaul of common property in an apartment building, the owners of the premises in which form a capital overhaul fund on a special account, is not carried out within the time period provided for by the regional overhaul program, and at the same time, in accordance with the procedure for establishing the need for a major overhaul of the general property in an apartment building requires the performance of any type of work provided for this apartment building by the regional capital repair program, the local government decides on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3-6 of this article. If the owner of the special account did not transfer the funds on the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, the local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator.

Article 190

1. The regional operator provides financing for the overhaul of common property in an apartment building, the owners of the premises in which form a capital overhaul fund on the account of the regional operator.

2. The basis for the transfer by the regional operator of funds under a contract for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is an act of acceptance of the work performed (except for the case specified in part 3 of this article). Such an act of acceptance must be agreed with the local government, as well as with a person who is authorized to act on behalf of the owners of premises in an apartment building (if the overhaul of common property in an apartment building is carried out on the basis of a decision of the owners of premises in this apartment building).

3. The regional operator may pay as an advance no more than thirty percent of the cost of the relevant type of work on the overhaul of common property in an apartment building, including work on the development of project documentation or certain types of work on the overhaul of common property in an apartment building.

4. The amount of the marginal cost of services and (or) work on capital repairs of common property in an apartment building, which can be paid by the regional operator at the expense of the capital repairs fund, formed on the basis of the minimum contribution for capital repairs, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this marginal cost, as well as payment for services and (or) works not specified in Part 1 of Article 166 of this Code and a regulatory legal act of a constituent entity of the Russian Federation adopted in accordance with Part 2 of Article 166 of this Code, is carried out at the expense of the owners of premises in apartment building, paid as a capital repair contribution in excess of the minimum capital repair contribution.

Article 191

1. Funding for the overhaul of common property in multi-apartment buildings may be carried out using financial support measures provided to homeowners associations, housing, housing construction cooperatives or other specialized consumer cooperatives established in accordance with the Housing Code of the Russian Federation, management organizations, regional operators at the expense of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the terms provided for, respectively, by federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.

2. Measures of state support, municipal support for capital repairs within the framework of the implementation of regional programs for capital repairs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund.

Subparagraph 61 of paragraph 2 of Article 26.3 Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, N 42, Art. 5005; 2003, N 27, Art. 2709; 2005, N 1, item 17, 25; 2006, N 1, item 10; N 23, item 2380; N 30, item 3287; N 31, item 3452; N 44, item 4537 ; N 50, item 5279; 2007, N 1, item 21; N 13, item 1464; N 21, item 2455; N 30, item 3747, 3805, 3808; N 43, item 5084; N 46, item 5553; 2008, N 29, item 3418; N 30, item 3613, 3616; N 48, item 5516; N 52, item 6236; 2009, N 48, item 5711; N 51, 6163; 2010, N 15, item 1736; N 31, item 4160; N 41, item 5190; N 46, item 5918; N 47, item 6030, 6031; N 49, item 6409; N 52, item 6984; 2011, N 17, item 2310; N 27, item 3881; N 29, item 4283; N 30, item 4572, 4590, 4594; N 48, item 6727, 6732; No. 49, article 7039, 7042; No. 50, article 7359; 2012, No. 10, article 1158, 1163; No. 18, article 2126; No. 31, article 4326; Rossiyskaya Gazeta, 2012, December 7) add the words "regulating relations in the field of ensuring the overhaul of common property in apartment buildings."

1) subparagraph 30 of paragraph 3 of Article 149 add the words ", the implementation of works (services) to perform the functions of a technical customer for the overhaul of common property in apartment buildings, performed (provided) by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, as well as local governments and (or) municipal budgetary institutions in cases provided for by the Housing Code of the Russian Federation”;

2) Paragraph 3 of Article 162 shall be stated as follows:

“3. The tax base does not include:

1) funds received by management organizations, associations of homeowners, housing construction, housing or other specialized consumer cooperatives established to meet the needs of citizens in housing and responsible for maintaining in-house engineering systems, with the use of which utility services are provided, for the formation of a reserve to carry out current and major repairs of common property in apartment buildings, including the formation of funds for the overhaul of common property in apartment buildings;

2) funds received by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, to form funds for the overhaul of common property in apartment buildings.

3) in subparagraph 14 of paragraph 1 of Article 251:

a) add a new paragraph six of the following content:

"in the form of budgetary funds allocated for equity financing of the overhaul of common property in apartment buildings in accordance with the Housing Code of the Russian Federation to homeowners' associations, housing, housing construction cooperatives or other specialized consumer cooperatives established and managing apartment buildings in accordance with Housing Code of the Russian Federation, managing organizations, as well as in the direct management of apartment buildings by owners of premises in such buildings - managing organizations that provide services and (or) perform work on the maintenance and repair of common property in such houses; ”;

b) paragraphs six - twentieth to be considered paragraphs seven - twenty-first, respectively;

in) paragraph twenty one consider paragraph twenty-two and after the words "managing organizations" add the words ", as well as to the accounts of specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, ". Fraud in shared construction In the real estate under construction market, […]

Question to a lawyer: What […]

From July 1, 2017, contributions for capital repairs have been increased in Moscow. This news made us understand - what are these contributions, where do they go, who pays them and why? Let's start with the history of the introduction of overhaul contributions. First, on December 25, 2012, President of the Russian Federation Vladimir Putin signed Federal Law No. 271. This law introduced regional systems for collecting contributions for the overhaul of residential apartment buildings in the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code). In different regions of the country, contributions were introduced during 2013-2015. In accordance with the law, apartment owners must pay a cash contribution intended for the overhaul of the common property of an apartment building. This contribution is included in the rent and is mandatory.

The owners of apartments in the Russian Federation pay a mandatory contribution directed to the overhaul of common property in an apartment building. The minimum amount of the contribution is determined by the constituent entities of the Russian Federation and is set in rubles per square meter of the total area of the premises owned by the owner. In accordance with this, each owner must make a monthly payment in the prescribed amount. In the future, the accumulated savings will be spent on repair work in an apartment building.

The amount of the overhaul fee per square meter of premises may differ depending on regions, as well as the size and type of premises. They are approved by legislative acts of the subjects of the Federation.

In Moscow, from July 1, 2017, a new minimum contribution for major repairs has been established, instead of 15, you will have to pay 17 rubles per square meter.

The increase in the amount of the minimum contribution for overhaul in Moscow was introduced by Decree of the Government of Moscow No. 851-PP dated 12/13/2016.

Who should pay them?

Even at the time of the adoption of the Housing Code of the Russian Federation in 2005, the obligation of owners of premises in apartment buildings to bear the cost of overhauling common property was determined. However, then the decision to introduce a fee for major repairs and its amount was made by the owners of the premises at their general meeting. If such a decision was not made, then the payment for major repairs was not included in the payments of the owners. Therefore, amendments were made to the Housing Code of the Russian Federation, obliging the owners of premises to pay monthly contributions for the overhaul of the common property of houses. Making contributions for overhaul is obligated to all owners of residential and non-residential premises in an apartment building:

citizens;
legal entities;
owners of state and municipal premises.

According to Part 2 of Article 154 of the LC RF, such contributions are included in the structure of payments for utilities and residential premises. Therefore, the owner cannot exclude the payment himself or not pay extra for personal reasons.

It must be remembered that the debt on contributions for the overhaul of common property follows the fate of the premises. This means that the new owner of the premises is obliged to pay off the debt of the previous owner.

Part 1 of Article 154 of the Housing Code of the Russian Federation provides that only owners of residential and non-residential premises in apartment buildings are required to pay contributions. Tenants of state (and municipal) apartments do not pay contributions for overhaul, as this is the responsibility of the owners of municipal or state housing stock.

Do you support the introduction of contributions for major repairs?

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Who can be exempted from paying fees?

According to Part 2 of Article 169 of the Housing Code of the Russian Federation, owners of premises can be exempted from paying contributions for major repairs:

- in apartment buildings that were recognized as emergency and;

Quote from the article -

- in apartment buildings for which there is a decision to withdraw land plots occupied by these houses for municipal or state needs.

Where do the maintenance fees go?

If the contributions of the owners are transferred to a special regional overhaul fund, then the regional authorities themselves decide which houses to repair at the expense of the collected funds. If, according to the decision of the residents, the funds are transferred to a special bank account, all the money is spent on the maintenance of a particular house. According to the provisions of the Housing Code of the Russian Federation, the overhaul necessarily includes the repair of:

roofs, including refurbishment;
facade, including its insulation;
foundation;
common basements;
engineering in-house systems, including the complete replacement of electrical wiring and elevators.

By decision of homeowners or a subject of the federation, this list can be expanded.

What are the sanctions for non-payment of contributions?

As already noted, contributions for capital repairs are established by federal law and are included in payment documents for public utilities. And if so, then the sanctions for non-payment will be the same as for non-payment of utility bills. Debts, including penalties, are collected from non-payers through the courts. Of course, it is impossible to evict the owner from the only housing who has accumulated a large debt, but other sanctions may be applied to him, for example,.

Reportage “Tariffs for overhaul will be indexed in the summer of 2017”

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

Is it necessary to pay?

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

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

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

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

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

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

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

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

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

Contributions for major repairs and the constitutional court

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

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

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

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

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

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

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