The director of the legal service “Unified Center for Protection” (edin.center) Konstantin Bobrov answers:
Article 156 of the Housing Code of the Russian Federation imposes the obligation to pay contributions for major repairs on the owners of residential premises. This obligation does not fall on any other persons, including the tenant of the residential premises.
But it should be noted that the rental agreement for residential premises may provide for a different monthly payment structure. The fee structure may include those payments that are used to cover debts on utilities and contributions for major repairs. If the lease agreement stipulates that part of the payment is used to reimburse contributions for major repairs, then the tenant must fulfill this obligation. Otherwise, the landlord may file a claim in court.
Who can avoid paying for major repairs?
Do I have to pay for major repairs if I am not the owner of the apartment?
Payment for major repairs
The obligation to pay the contribution for major repairs lies with the owner of the property, since major repairs involve the investment of funds for repairs in the future. At the time of major repairs, the tenant may no longer live in this apartment, since major repairs are carried out on a first-come, first-served basis. But the tenant must pay the monthly payments for cleaning the local area independently. It is also the responsibility of the tenant to pay for current repairs, since current repairs can be carried out while the tenant is living in this property.
When drawing up a lease agreement, it is necessary to determine the main responsibilities of the tenant and the owner of the property in writing and certified by the signatures of both parties. The contract must specify the terms of rent payment and the obligation to pay utility bills. Payment for cleaning the local area is also required to be paid by the tenant; this amount is calculated based on the tariffs established by the housing company that provides the services. In most cases, it depends on the area of the property, the number of storeys of the building and other characteristics of the property. To determine the cost of this service, the tariff is multiplied by the number of apartments and the area of the premises.
Important!!! Based on the lease agreement, current repairs are carried out at the expense of the tenant, and major repairs are paid for by the owner of the property.
The law of the Russian Federation obliges homeowners to pay contributions for major repairs, in accordance with the Housing Code of the Russian Federation.
Tenants' responsibilities
Payment for housing, whether private or municipal, is a significant part of Russian household expenses, so any line in the housing and communal services receipt must be justified and legal.
The tenant of the apartment, not being the owner, does not have to pay contributions for major repairs of the house. Civil and housing legislation imposes on persons who are tenants, and not owners, only the obligations to pay for the rental of an apartment and housing utilities, maintain housing in proper condition, use it in accordance with its intended purpose (only for residence), and promptly notify the owner about the arrival of temporary residents (for periods up to six months).
Currently, living in a municipal apartment, despite the inability to fully manage it, is somewhat cheaper than living in your own: the tenant does not pay housing taxes and does not pay contributions for major home repairs.
The procedure for using an apartment is determined by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation, and the apartment is transferred for temporary possession and use. The decision whether to privatize a municipal apartment or not is made independently by each tenant.
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Major renovation of a municipal apartment - is it necessary to pay?
The burden of bearing the costs of maintaining real estate, including residential premises, lies with the owner. Major repairs are significant work that allows you to restore damaged/worn parts and elements of a building, utilities, and bring the house into a standard condition that is safe for residents and meets sanitary and fire safety standards.
As a rule, the cost of major repairs is very high, and its implementation is possible only after funds received from contributions from the owners of apartments in an apartment building have been accumulated in a special account. Such contributions for capital repairs should come from both private owners and municipalities transferring their property under social lease agreements.
Only owners of houses that are in disrepair or houses that are located on plots seized for government needs are exempt from paying for major repairs.
How to reflect it in the contract?
Where are the tenant's payment requirements reflected? Payment terms are included as a separate clause in the apartment rental agreement .
Be sure to set the amount of the rent ; other payments do not need to be specified. If you do not stipulate them in detail or do not change the distribution of payment responsibilities, then you can be guided by the provisions of the Civil Code.
To avoid disputes, it is recommended that the obligations for making all payments be spelled out in detail in the lease agreement.
Regardless of whether payment for housing and communal services is included in the fixed rent or specified as a separate clause in the contract, its amount must correspond to the established ones .
Who counts the amount and how and prints the receipts
This amount is calculated by the following organizations:
- regional operator (RO);
- HOA;
- LCD;
- UO.
The amount is calculated based on the area of the premises, according to the title document and the tariff. The tariff is approved by the region.
The fate of the accumulated funds for major repairs (including the accumulated debt) follows the fate of the premises. That is, when buying an apartment with a debt for major repairs, the obligation to pay for it already passes to the new owner.
Often, the issuance of receipts is accompanied by a large number of errors: the estimated area is incorrectly indicated, the owner's surname is written incorrectly, or another person is entered instead of the owner. In this situation, you need to contact the UO, HOA, LCD or RO with supporting documents.
It is important to understand! Ownership of the premises begins from the moment of its registration in Rosreestr. Accordingly, it is on this same day that the obligation to pay for major repairs begins, and not earlier.
How should residents behave if their neighbors are flooded or in case of other housing and communal services accidents?
During their stay, tenants are required to maintain order in the premises , do cleaning and be responsible for the safety of the entrusted property. But what if the damage to the home was not caused by their fault?
In the event of an emergency, for example, a break in a cold or hot water supply pipe, the one who is found guilty is responsible.
In particular, the housing and communal services are responsible for the central risers that connect the apartments to each other. If they were not replaced in a timely manner or were installed incorrectly, then all damage will be paid from housing and communal services funds.
Important. To compensate for damage in the event of an accident, the owner of the apartment is obliged to invite a commission and officially record the losses caused.
Only after this he will be able to make a claim to the tenants.
Often, an accident occurs due to the fault of the owner or tenants. For example, due to poor quality repairs or failure to comply with sanitary, fire or other safety rules. In this case, housing and communal services should not pay for the damage caused. Funds for repairs can be compensated by the insurance company if an insurance contract has been concluded in advance.
How is the overhaul fee calculated?
Since 2012, on a legislative basis, funds for major repairs of residential buildings are not included in the payment for housing maintenance, and go as a separate line.
To accumulate funds, citizens are offered two options:
- accumulation of money in a separate account at home (opened in a bank by a non-profit legal entity, for example, a HOA);
- on the account of a regional operator (an organization specially selected by regional authorities).
How the accumulation in the fund for repairs will take place must be determined by the owners of apartments in the apartment buildings themselves at a general meeting. If the meeting was not held, did not take place, or did not reach a common decision, the funds go to the regional operator.
The methodology for calculating contributions was developed in 2013 by the Ministry of Regional Development of the Russian Federation.
The amount of contributions for major repairs depends on:
- Regional tariff (different for each region of the Russian Federation);
- Year the house was built;
- Living area of the apartment.
The contribution amount is determined as the product of the tariff per 1 sq. meter per housing area. By decision of the owners, the amount of contributions can be increased, and at the moment in central Russia the tariff varies from 12 to 15 rubles per meter of area.
The period when repairs will be carried out is determined by regional authorities (if funds are accumulated on the operator’s account), and by the owners themselves (if funds are collected on the house’s account). If the apartment is municipal, the municipality pays the fees.
Payment for major repairs
So, who pays for future major repairs if the apartment is municipal? This must be done by the owner of the non-privatized apartment, that is, the municipality. The tenant is not obliged to do this, since he is not the owner and, according to Article 154 of the Housing Code, does not bear any obligations for such work. The payment for housing and communal services includes only the following items:
- for rent of municipal premises;
- for maintenance and ongoing repair work inside the apartment;
- for gas, water, garbage removal and other utilities.
Therefore, paying for major repairs in no way falls on the shoulders of employers , although many are sure that it is necessary to pay. No, only owners of residential premises need to make contributions to the fund for the work being carried out. But in some cases, the differences between current and major repairs are quite illusory, and not only owners, but also tenants have to pay for such work.
Relevance of the issue
The lease agreement reflects not only the fixed amount of payment for the used square meters to the owner, but also the payment of monthly receipts. Depending on the region, the availability of installed metering devices, the number of people registered in the apartment and the time of year, this payment can amount to a significant amount, which the tenant runs the risk of not being able to repay.
This is interesting! Transparency of the final figure for the monthly payment is one of the main points in choosing an apartment for rent. This raises a reasonable question: what is the tenant obliged to pay for and what is not. This point is relevant both for renters of apartments in municipal buildings and in private ones.
The status of housing does not relieve the owner of the responsibility to pay for utilities and major repairs. Also, responsibility is not removed from him if strangers live in his apartment under an agreement. Now it remains to find out, if the apartment is municipal, who pays for major repairs?
Who pays for major repairs if the apartment is municipal?
According to Art. 154 of the Housing Code of the Russian Federation for persons living in residential premises under a social tenancy agreement, payment for housing consists of:
- fees for the premises themselves (rental fees);
- cost of utilities (water supply, sewerage, etc.);
- payments for the maintenance and repair of the premises of the house (include the costs of managing the house, performing routine repairs, maintaining common property and communications in working order).
Current legislation does not provide for any reimbursement of costs for major repairs. This means that the tenant of a municipal apartment and his family are not obliged to bear the costs of such repairs.
What is included in utility bills
The Housing Code of the Russian Federation clearly delineates the definitions of mandatory monthly payments. They are divided into utilities and payments for the maintenance of an apartment building and its territory. Utility bills include:
- removal of solid waste (solid waste);
- heating (relevant in winter);
- supply of energy resources - calculated separately in the receipt for each type: electricity, water supply, natural gas;
- Maintenance.
Important! The water supply, in turn, is divided into hot and cold. An additional item is sewerage service. Current repairs mean eliminating minor faults, cleaning the area, and carrying out construction restoration work not related to the redevelopment and reconstruction of the building and the surrounding area.
Additional items included in the monthly rent receipt:
- security, video surveillance system;
- intercom;
- parking space;
- Internet;
- radio point (now almost irrelevant).
These five points above are not specified in the Housing Code of the Russian Federation, therefore they are included in the monthly receipt only by agreement of the parties for the maintenance of the housing stock, between the owner of the property and the management company or HOA. The tenant of the premises pays for these items if they are listed on the receipt and specified in the terms of the lease agreement between the tenant and the owner.
