Who should and who should not pay a fee for major repairs of an apartment building? Does the owner of the property or the tenant pay according to the receipt? OWN

“To amend the Moscow government decree “On establishing the minimum amount of contribution for major repairs of common property in apartment buildings in the city of Moscow,” the document says.

According to the resolution, from January 1, 2021, the minimum contribution for major repairs will be 19.52 rubles per square meter of total area of the premises per month. On Sobyanin’s instructions, the implementation of the resolution should be monitored by the Deputy Mayor for Housing, Communal Services and Landscaping, Pyotr Biryukov.

Previously, senators and deputies from the LDPR faction proposed abolishing fees for major repairs in new buildings during the first five years after commissioning. This initiative was supported by the head of the State Duma Committee on Transport and Construction, Evgeny Moskvichev.

In accordance with Moscow Government Decree No. 833-PP dated December 29, 2014 (as amended by Moscow Government Decree No. 799-PP dated December 1, 2015), the obligation to pay contributions for major repairs arises from the owners of residential and non-residential premises in buildings located on the territory of the city of Moscow, from July 1, 2015.

* Area of premises according to the data of the Unified State Register of Real Estate about the property. Area data can also be clarified in the BTI. ** The minimum monthly contribution is RUB 19.52. for 1 sq.m. or another amount of contribution, if it is established by the general meeting of owners of the premises of the house (not lower than the minimum). If these values change, information must be submitted to the district MFC and/or management organization.

According to the provisions of Art. 171 of the Housing Code of the Russian Federation, payment of contributions for major repairs is carried out within the deadlines established for making payments for residential premises and utilities (until the 10th day of the month following the billing month).

The obligation to pay contributions for capital repairs arises for the owners of premises in an apartment building after eight calendar months, unless an earlier period is established by the law of the constituent entity of the Russian Federation, starting from the month following the month in which the approved regional capital repair program was officially published, into which this apartment building is included, with the exception of the case established by part 5.1 of Article 170 of the Housing Code of the Russian Federation. Therefore, different regions may have different payment deadlines.

2. Contributions for major repairs are not paid by the owners of premises in an apartment building that is recognized in accordance with the procedure established by the Government of the Russian Federation as being in disrepair and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on the seizure of 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 municipal entity. Owners of premises in an apartment building are exempt 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.

2.1. 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, calculated based on the minimum amount of the contribution for major repairs per one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard of regulatory area of residential premises used to calculate subsidies, single non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living as part of a family consisting only of non-working citizens living together of retirement age and (or) non-working disabled people of groups I and (or) II, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.

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The deadline was not specified; the law states that residential buildings put into operation after the law came into force have the right not to pay the fee for 3 to 5 years. The exact deadline is set by the regional government. After the deferment period expires, residents at a meeting determine the type of fund for future contributions.

Quite a bit of time passed before officials decided to allow new buildings to temporarily refrain from paying fees. The loyalty program includes buildings that were put into operation after the law was introduced.

Taxes related to utility services are constantly updated with new items; in 2014, a new fee called overhaul was added to the list. The innovation is due to the growth of privatized housing, therefore, the apartment is private - the owners must maintain it. Now 90 percent of the housing stock in Russia is private, the remaining 10 percent includes departmental and municipal housing.

Finding out this period may not be easy; ideally, you should go to the official website of the capital repair fund in your region and find the necessary information there or call the phone number listed on such a site. You can also try to find information about your home using a special search form on such a site. For example, for St. Petersburg the address of the page with the form is: https://fkr-spb.ru/house

Judging by them, from 2014, city residents will pay 6 rubles 70 kopecks per month for one square meter of the total area of an apartment building. Maria Sozontova, Vice Speaker of the Legislative Assembly of the Kirov Region, believes that it is too early in our city to introduce the collection of funds from citizens for such needs. She explains this by saying that not all regulations of the law are ready for work.

Do residents influence the period from which contributions are calculated?

It is impossible to determine how new a house is just by appearance or the state of internal communications. The main characteristic that determines the age of a building is the time it was put into operation.

On this score, the government, after long discussions, finally decided to introduce a tax holiday for those houses that were or will be commissioned after the federal program was put into effect.

From what month and year do I have to pay for major repairs? Fees for major repairs were officially introduced on January 1, 2014. And until August 1, 2015, residents of apartment buildings had to decide how to raise funds for future repairs. Or allow local authorities to manage funds through a regional capital repair operator, transferring money to a special fund. Or, based on the decision of the general meeting of residents of the house, open a special bank account where all the money is personally transferred.

Since what year have we been paying for major repairs?

The federal program quickly took effect, blindsided residents by new rules. Moreover, those who did not understand these rules before August 1, 2015 and did not have time to choose a method of accumulating funds are now transferring money to the “common pot”. Let's figure out when the fee for major repairs was introduced and even from what date they started paying for major repairs.

Therefore, the owners of apartment buildings were obliged to independently finance capital repairs. Since the cost of repairs amounts to millions of rubles, it was decided to establish a rule to gradually save money for repairs - through monthly contributions.

The payment document is issued by the registrar or the owner of a special account

The capital repair fund for the common property of apartment buildings can be formed on the accounts of a regional operator or on a special account of a separate house, if such a decision is made by the owners of the premises at a general meeting (Part 3 of Article 170 of the Housing Code of the Russian Federation). The owner of a special account can be a regional operator for major repairs, a management company or a homeowners association, a housing cooperative (parts 2, 3 of article 175 of the Housing Code of the Russian Federation).

Payment of contributions for major repairs of the common property of apartment buildings is made by the owners on the basis of payment documents. They must be issued no later than the first day of the month that follows the billing period (clause 1, part 2, article 155 of the Housing Code of the Russian Federation). Other terms for issuing invoices for payment may be specified in the management agreement, established by a decision of the general meeting of owners or a general meeting of members of the HOA/housing complex.

In the case when the capital repair fund is formed on the account of a regional operator, it is the regional operator who is responsible for issuing payment documents and collecting contributions from residents of an apartment building (Part 1 of Article 171 of the Housing Code of the Russian Federation). Owners of premises in apartment buildings are required to pay such bills within the time limits established for payment of fees for housing and communal services in accordance with Part 1 of Art. 155 Housing Code of the Russian Federation.

If at the OSS the owners decided that funds for the overhaul of their apartment building will be accumulated in a special account, then the participants in the general meeting must also choose the bank where the account will be opened and the owner of the corresponding account (Part 31 of Article 175 of the Housing Code of the Russian Federation).

The owner of the special account is authorized to carry out transactions with accumulated money and is responsible for collecting contributions for the overhaul of the common property of the house. Accordingly, the owner of a special account issues payment documents to residents of apartment buildings to pay fees in accordance with Part 1 of Art. 169 Housing Code of the Russian Federation.

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Why are contributions collected for major repairs?

In fact, in Russia by 2021, the collection of contributions for major repairs is about 90%, but the situation varies greatly by region. For example, in Crimea only 44% of owners pay for major repairs, while in the Perm region - more than 100% (that is, even old debts are paid off).

To pay or not to pay?

complete or partial replacement of building structures;
roof repair;
repair and strengthening of balconies;
strengthening the foundation;
repair or replacement of engineering systems (water supply, sewerage, electricity, heating, etc.);
replacement of worn-out elevators (if any);
additional measures at the request of the home owners (for example, insulation of the facade).

Restrictive measures are being taken by the capital's authorities to prevent the spread of the new coronavirus infection. It should be noted that yesterday at a meeting of the Government of the Russian Federation, Prime Minister Mikhail Mishustin proposed discussing with the heads of the country's regions the introduction of a high alert regime in the constituent entities of the Russian Federation in connection with the threat of the spread of coronavirus infection, which has been in effect in the capital region since March 5, 2020. The Chairman of the Government of the Russian Federation expressed confidence that “these steps can have a positive effect on the ground.”

By Decree of the Mayor of Moscow dated March 31, 2021 No. 35-UM (hereinafter referred to as the Decree), it was decided to exempt owners of premises in apartment buildings located in the capital from paying contributions for the overhaul of common property in an apartment building for the period from April 1 to June 30, 2021. In his blog, Moscow Mayor Sergei Sobyanin commented on this decision by saying that the renovation creates serious discomfort for Muscovites in self-isolation. In addition, the absence of strangers in residential buildings should increase the effectiveness of self-isolation measures. He also added that previously started repair work necessary to ensure the safety and comfort of living will be completed, and the start of repairs at new facilities will be postponed.

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In accordance with clause 9.3 of the Decree of the Mayor of Moscow dated March 5, 2021 No. 12-UM, as amended by the latest decree, from March 30 in Moscow, a self-isolation regime has been in effect for all citizens living in the capital, regardless of their age, with the exception of certain cases (this regime does not apply to citizens working in life support systems, having special government passes, etc.). It appears that this regime of restrictions will remain in effect until a special order to cancel such a measure.

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

The deadline for paying contributions for major repairs is determined by Article 155 of the Housing Code of the Russian Federation, according to which payments for residential premises and utilities are paid monthly before the 10th day of the month following the expiration of the month, unless a different period is established by the management agreement of an apartment building or by a decision of the general meeting of members a homeowners' association, housing cooperative or other specialized consumer cooperative created to meet the housing needs of citizens in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative).

Works on a capital basis repairs paid for from the capital construction fund

In Moscow, benefits have been established for the payment of contributions for major repairs in the form of discounts on the payment of contributions and compensation for the costs of their payment. The procedure for providing benefits is determined by Moscow Law No. 10 dated March 23, 2016 “On social support measures for paying contributions for major repairs of common property in an apartment building in the city of Moscow”, and Moscow Government Resolution No. 161-PP dated April 5, 2016.

It is allowed to take out a loan secured by the Overhaul Fund from a regional operator. The necessary work is being carried out, and the residents are gradually paying off the loan. This option is suitable for houses that urgently need to carry out some repair work (for example, replace the roof), but the required amount has not yet been accumulated.

For example, if a window in the entrance is broken, it will be replaced as part of ongoing repairs. And with a major renovation, new windows will be installed in all entrances. During current repairs, they will replace the broken step, and change the floor during major repairs.

Exemption from major repairs of new buildings, what benefits are provided

For owners of apartments in new buildings, Article 170 of the Housing Code provides for deferred payments. That is, the house is included in the program, and contributions begin to be paid after some time. Maximum – 5 years.

to what extent minimal repair work is covered by collected funds;
whether payments are affordable for property owners, for which the amount of payment on housing and communal services receipts is taken into account;
what support is provided to the regions from the federal budget.

Payment centers can generate and deliver receipts

Depending on the method of forming the capital repair fund, payment documents are issued either by the regional operator or by the owner of a special account. But at the same time, these persons or organizations have the right to assign the responsibility for issuing invoices for paying contributions for major repairs to other persons.

For example, to payment centers that, under an agency agreement, generate and send uniform payment receipts to residents of apartment buildings for all or a specific list of housing and communal services. A similar obligation may be assigned to the RC by law adopted at the level of a constituent entity of the Russian Federation in relation to residents of apartment buildings that form a fund in the accounts of the reoperator.

This is stated in the letter of the Ministry of Construction of the Russian Federation dated July 7, 2014 No. 12315-АЧ/04. However, the department notes that even if invoices for payment of contributions for major repairs are printed and sent to the owners of premises in the apartment building by a settlement center or other authorized organization, the regional operator or the owner of the special account is still responsible for failure to fulfill the obligation to send payment documents.

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Can owners determine their own fees?

Initially, you need to log in to the Sberbank system, for which you use one-time passwords or an SMS message sent to your phone;
select the section intended for payments and transfers in the main menu;
Next is a link offering payment for housing and communal services or a mobile phone;
in the new window there will be several sub-items, among which select the line called “Rent”;
several organizations will be represented, from among which the desired institution is selected, and usually it is represented by a capital repair fund;
after selecting the desired institution, the details of the account to which funds should be transferred are entered into the form to be opened;
select a card or account from which funds will be transferred;
after entering the necessary information, a receipt will be opened with the previously entered values, which must be carefully checked;
the deposit of funds is confirmed by a special code sent to the citizen’s phone in the form of an SMS message;
then in your personal online banking account there will be a receipt confirming the transfer of funds.

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The nuances of payment through Sberbank-online

Based on the provisions of the Housing Code, payment of contributions for major repairs must be made monthly by the 10th. If a delay is detected, the apartment owner will have to pay fines and penalties for each day of delay. If the debt increases significantly, the operator may file a claim against the tenant of the premises to force the collection of money.

“It will need to be paid within the time limits established by law. I would also note that for owners who have already received advance payment documents with charges for major repairs for April, the payment will be taken into account in July of this year,” the minister clarified.

This measure applies to the calculation of contributions for the formation of a capital repair fund by the owners of premises in an apartment building, both on the account of a regional operator and on a special account. From July 1, the accrual of contributions for capital repairs will be resumed.

“Please note that the first payment documents without accrual to the Capital Repair Fund will arrive in May for April, in June for May, in July for June,” said Anton Velikhovsky, Minister of Housing and Communal Services of the Moscow Region.

“Where does the debt come from?” asks the “happy” owner of the new building. “After all, the Overhaul Fund (hereinafter referred to as the Fund) has never made any payments! I didn’t open any personal accounts! And in general, it seems, according to the law, for the first five years after the house is put into operation, contributions for major repairs are not charged. "

Payment can be included in a single document or in a separate receipt

In letter No. 12315-ACh/04, the Ministry of Construction of the Russian Federation clearly indicated that an invoice for the payment of contributions for the overhaul of the common property of the owners in the house can be issued by the person/organization responsible for this in two ways: in a single payment document or in a separate receipt only for this type of service.

If a management organization or HOA is the owner of a special account, then when issuing payment documents for payment of fees, they must be guided by the decision of the owners made at the general meeting.

In accordance with Part 3.1 of Art. 175 of the Housing Code of the Russian Federation, when choosing a special account for the capital repair fund, the owners of the OSS must, among other things, determine the procedure for issuing payment documents and the amount of expenses associated with this.

That is, it is the owners who decide whether the payment for major repairs will be included in a single receipt for all services of the management organization, HOA or housing cooperative, or whether the owner of the special account must issue separate payment documents.

In the latter case, the costs for generating and printing invoices will fall on the shoulders of the owners. They will have to determine the source of funding for these works and the amount. Therefore, most often, residents of the house vote for the inclusion of an additional line in existing receipts for housing and communal services.

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In the Moscow region they began to pay for major repairs

The obligation to maintain the common property of such houses in proper condition (including financing all types of repairs) was assigned to apartment owners by the Housing Code back in 2005. De facto, the obligation was not fulfilled: the overhaul was carried out within the framework of regional programs, mainly at the expense of the state corporation - the Fund for Assistance to the Reform of Housing and Communal Services (Housing and Communal Services Fund) and the constituent entities of the Russian Federation themselves, a representative of the fund's press service told RBC.

The program describes in detail which house is subject to repair in which year. The place in the queue for major repairs is determined by the number of points assigned to the house depending on the date of commissioning and the date of the last major repair. Owners in a house recognized as unsafe are exempt from paying contributions.

An approximate form of a payment document for major repairs is given in No. 43/pr

The form of the payment document for housing and communal services is given in the order of the Ministry of Construction of the Russian Federation dated January 26, 2018 No. 43/pr. Section 3 of the appendix to order No. 43/pr specifies the approximate format in which the amount of the contribution for major repairs of the common property of an apartment building should be billed.

The receipt includes the following information:

unit of measurement – square meters of area owned;
the established amount of the monthly contribution for major repairs per 1 sq.m.;
contribution amount for the billing period;
data on recalculations and benefits;
data on penalties and debt as of the date the receipt was generated;
the total amount to be paid taking into account all the data.

The payment document must also indicate information about the bank account and the payee.

On a note

The Housing Code of the Russian Federation does not stipulate that in order to collect contributions for major repairs, the regional operator or the owner of a special account is required to issue a separate receipt.

This situation is explained by the Ministry of Construction of the Russian Federation, offering owners and persons responsible for collecting contributions to choose: to include an additional line in an already existing single payment document or to provide a separate invoice for major repairs.

At the same time, the owners, having made a decision at the OSS to form a capital repair fund in a special account, must necessarily determine the procedure for issuing payment documents and the procedure for financing the work on the generation and delivery of receipts.

To include a line for calculating contributions for major repairs in a single payment document that is generated by the settlement center, the owner of the special account must enter into an appropriate agency agreement with the DC.