Alexey Nyankin, lawyer at the Nyankin and Partners law office, answers:

In accordance with part 2 of Art. 154 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code), the contribution for major repairs is part of the payment for residential premises and utilities for the owner of the premises in an apartment building. Payment for residential premises and utilities is the responsibility of the owners of residential premises.

In accordance with Art. 169 of the Housing Code, the right to establish benefits (compensation for expenses) for the payment of contributions for major repairs is delegated by the state to the constituent entities of the Russian Federation.

Do I need to pay for major repairs?

Where do contributions for major repairs go?

The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for major repairs:

• single living non-working owners of residential premises who have reached the age of 70 years - in the amount of 50%; 80 years – 100%;
• living in a family consisting only of non-working citizens of retirement age living together, owners of residential premises who have reached the age of 70 years - in the amount of 50%; 80 years – 100%.

In addition, owners of premises in an apartment building recognized in accordance with the procedure established by the Government of the Russian Federation as unsafe and subject to demolition, or a house located on a land plot in respect of which a decision has been made to seize it for municipal or state needs, are exempt from paying contributions.

Other persons - owners of residential premises - do not have benefits for paying contributions for major repairs.

Thus, compensation for utility bills paid in the event of the loss of a breadwinner does not include compensation for the contribution for major repairs.

Contribution payers - who are they?

The topic of the emergence and legitimacy of innovations has been exhausted; I think the question “should I pay for this service?” will no longer arise and that we must pay for major repairs of an apartment building, no one will doubt, now it’s worth moving on to a more sensitive question: “Who should pay for major repairs?”

Homeowners must pay monthly for major repairs; a certain amount is charged for each residential premises, which depends on the condition of the house, its age and the number of square meters owned by the citizen. After receiving the receipt, the person must make the payment within one calendar month; if there is a delay in the payment, sanctions will be applied.

Residents of new houses that were commissioned after the law on calculating such a payment came into force do not need to pay for major repairs for a certain amount of time, determined by the subject.

But not all citizens are required to pay this payment , so in 2015 a law was passed stating that subjects have the right to decide for themselves whether pensioners are required to pay the contribution, but a clear list of benefits was issued:

1. People whose age exceeds 80 years. This category of citizens can receive full compensation for payment costs.
2. People who have reached the age of 70, families of Chernobyl victims, persons in whose care there is a disabled person. Such categories of people can count on compensation in the form of 50 percent of the contribution paid.

If you belong to one of the groups listed above, you need to contact the management company with a request to recalculate payments; in case of refusal, you can achieve justice through the court, and you will be required to reimburse all costs incurred during the trial. In addition, there is a possibility of receiving money for moral damages.

Payment of fees when renting housing

In the case of the question of who should pay for major repairs of an apartment building, the tenant or the landlord, everything is a little more complicated. Logically speaking, the tenant is a person who, on the basis of a rental agreement, lives in the premises under certain conditions specified in the agreement. Consequently, the rental agreement may indicate that the tenant must pay all incoming bills, including paying for major repairs. But on the other hand, there is legislation that clearly states that the tenant, without the consent of the owner, does not have the right to take any actions in the form of ownership and disposal of housing. Which means that the employer does not need to pay for major repairs and maintenance.

If your landlord insists otherwise, you can go to court. You must have a rental agreement in your hands; this will be the basis for filing an application with the court. Also, within 2 years after you left the residential premises where you paid this fee, provided you keep the payment receipts, you can recover funds from the landlord in court.

Basic concepts and definitions

Payment for current repairs is the cost of smaller, compared to capital, construction activities aimed at maintaining the house in working order. Current repairs include restoration or replacement of entrance doors, windows, railings, improvement of staircases and local areas, and much more.

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Legislative regulation of repair work

• planned - the scope of work is determined based on inspection by specialists and identification of faults, carried out approximately once every five years;
• unscheduled - repair of minor, insignificant faults or elimination of emergency situations, carried out according to the established work schedule or immediately.

• Maximum permissible deadlines for completing work on residential properties located in Russia;
• List of subjects covered by the program;
• The priority and all services that can be provided to citizens;
• Rights and obligations of all interacting parties (both performers and apartment residents.

First of all, we will look at what the amount indicated in the receipt for payment for maintenance and repair of housing, common property of an apartment building, and premises consists of. Payment for this service is also withdrawn from citizens living in municipal and state apartments, especially for work classified as repairs. However, in the case of municipal housing, this payment is hidden in the payment column for renting an apartment, since according to the law, repairs are the responsibility of the municipality.

Acceptable nuances

Consumers of housing and communal services make mandatory contributions for major repairs of residential buildings according to the established standard in the amount of 100% of the amount charged for maintenance at current rates.

As a general rule, the previous owner's utility debts have nothing to do with you. But there are exceptions here: this does not apply to contributions for major repairs. Therefore, if you bought an apartment with debts for major repairs, you will have to repay them. It all depends on how you purchased the apartment: through a purchase and sale transaction or through inheritance. I recommend that you pay your accumulated debts on contributions for major repairs on a voluntary basis.

The head of the legal support department, Ksenia Buslaeva, answers:

First of all, we will look at what the amount indicated in the receipt for payment for maintenance and repair of housing, common property of an apartment building, and premises consists of. Payment for this service is also withdrawn from citizens living in municipal and state apartments, especially for work classified as repairs. However, in the case of municipal housing, this payment is hidden in the payment column for renting an apartment, since according to the law, repairs are the responsibility of the municipality.

What are the tariffs for housing maintenance and repair based on?

1. unscheduled - repair of minor, insignificant faults or elimination of emergency situations, carried out according to the established work schedule or immediately.
2. planned - the scope of work is determined based on inspection by specialists and identification of faults, carried out approximately once every five years;

Some categories of citizens are exempt from paying for major repairs or receive benefits. Please note that benefits are not automatically awarded to anyone: to do this, you must contact the management company or HOA and provide the appropriate package of documents.

- Hello! I live in an old apartment building, where no one has been renovating for a long time. The walls in the entrance are shabby, almost all the windows are broken, the shields are old. I think that with this attitude there is no need to pay for major repairs, but the management company is afraid that they will turn off the electricity. Are these threats legitimate? Are major repairs paid for at your own discretion?

Overhaul - what is it?

Examples of actions within the framework of a major overhaul: installation of a new elevator cabin, replacement of common house metering devices (meters), installation of PVC windows in the entrance, insulation and waterproofing of walls, alignment of partitions, landscaping of adjacent areas, etc.

— Depends on the amount of work. There is an average. To renovate 1 square meter of housing, you need approximately 1.5 million rubles. The tariff is just over 800 rubles. We take an apartment of 50 square meters. It turns out that every month this apartment spends 50 thousand rubles on major repairs, and 600 thousand a year. In 15 years we get 9 million rubles. For this amount, you can repair at most 9-10 square meters of the total living area. If we count only on citizens' money, we need four more times 15 years to finally do something.

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What are housing and communal services and what does it include?

In the laws, housing and communal services mean reliable and sustainable provision of cold and hot water, electricity, gas, heating, as well as wastewater disposal and treatment, maintenance and repair of residential buildings and local areas.

Who and how should pay for utilities in a rented apartment?

If, nevertheless, the landlord meets you halfway, sign an additional agreement with him to the current contract. As a rule, two copies of the agreement are drawn up if the contract is concluded for a period of less than a year, three - if the contract is concluded for a period of more than a year. Such an agreement must be registered with Rosreestr - it is there that the third copy must be transferred.

From an analysis of the norms of housing legislation, we can conclude that major repairs include a strictly defined list of works to restore, install or replace elements of worn-out elements of the common property of the house. Such work is carried out only with the consent of the OSS and is paid for from the capital repair fund.

Work on routine repairs of the common property of the owners is also specified in the RF PP No. 290, which provides a mandatory minimum list of works and services that the management must perform/provide for the proper maintenance of the common property of the owners in the apartment building.

The list of overhaul works is specified in the Housing Code of the Russian Federation and No. 185-FZ

The organization managing the house, having concluded a management agreement with the owners, is responsible for the proper maintenance and repair of their common property. To do this, the management authority is obliged to provide maintenance of the house, monitor its condition and, if necessary, carry out current and major repairs of MKD elements (Part 6, Article 55.24 of the Civil Code of the Russian Federation, Part 1, Article 36 of the Federal Law of December 30, 2009 No. 384-FZ, Part 2 of Article 162 of the Housing Code of the Russian Federation).

May 25, 2021 semeiadvo 117

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Privatized apartment

• the entire amount of money received for placing advertising structures must be transferred in full to the capital repair fund;
• The amount of payment must correspond to the size of the monthly installment payments.

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Application consideration period

1. voting for switching to a special account;
2. selection of an authorized representative;
3. determination of the contribution amount;
4. choosing an organization to open an account, appointing a person authorized to perform transactions on the account.

The formation of tariffs that cover the costs of housing maintenance is the responsibility of the direct owner of the housing stock. If the house is state-owned or municipal property, then rent is additionally added to these tariffs.