What documents are needed to carry out major repairs? Major repairs in residential apartment buildings. Gas supply inside the house

THE GOVERNMENT OF MOSCOW

RESOLUTION

ON APPROVAL OF THE PROCEDURE FOR ESTABLISHING THE NEED FOR CONDUCTING

CAPITAL REPAIRS OF COMMON PROPERTY IN MULTIPLE APARTMENTS

HOUSES IN THE TERRITORY OF MOSCOW

1. Approve the Procedure for determining the need for major repairs common property V apartment buildings on the territory of the city of Moscow (application).

2. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government for housing, communal services and improvement, P.P. Biryukov.

Mayor of Moscow

S.S. Sobyanin

______________________________

Application

to the Government resolution

ESTABLISHING THE NEED FOR MAJOR REPAIRS

COMMON PROPERTY IN MULTIPLE BUILDINGS ON THE TERRITORY

CITIES OF MOSCOW

1. The procedure for establishing the need for major repairs of common property in apartment buildings in the city of Moscow (hereinafter referred to as the Procedure) determines the rules for establishing the need for major repairs of common property in apartment buildings included in the regional program for major repairs of common property in apartment buildings in the city of Moscow for 2015-2044, approved by Decree of the Moscow Government of December 29, 2014 No. 832-PP “On the regional program for the overhaul of common property in apartment buildings in the city of Moscow” (hereinafter referred to as the regional program), in the cases provided for in paragraph 2 of part 4 Article 168, Part 5 Article 181, Part 7 Article 189 Housing Code Russian Federation.

2. The need to carry out major repairs of common property in an apartment building (hereinafter referred to as major repairs) is established by the commission to determine the need for major repairs, created by the Department of Capital Repairs of the City of Moscow (hereinafter referred to as the Commission), taking into account those approved in in the prescribed manner methodological recommendations for establishing the need for major repairs of common property in an apartment building:

2.1. In the case provided for by Part 5 of Article 181 of the Housing Code of the Russian Federation, upon receipt of a message from the Capital Repair Fund to the Department of Capital Repairs of the City of Moscow apartment buildings of the city of Moscow (hereinafter referred to as the Fund) on receipt in the manner established by Decree of the Moscow Government dated June 6, 2016 No. 306-PP “On approval of the Procedure for offset of funds in an amount equal to the cost of previously provided individual services and (or) individual work performed on major renovation common property in an apartment building", an application for the offset of funds in an amount equal to the cost of previously provided individual services and (or) completed individual work on major repairs of common property in an apartment building, from a representative of the owners of premises in an apartment building (hereinafter referred to as the application for offset of funds on account of previously completed major repairs).

2.2. In the case provided for in Part 7 of Article 189 of the Housing Code of the Russian Federation, when the Department of Capital Repairs of the City of Moscow receives information that major repairs in an apartment building, the owners of the premises in which are forming a capital repair fund in a special account, have not been carried out on time, provided for by the regional program.

2.3. In the case provided for in paragraph 2 of part 4 of article 168 of the Housing Code of the Russian Federation, upon receipt of an application to the Department of Capital Repairs of the city of Moscow, attaching a technical condition inspection report apartment building on postponing the deadline for major repairs to a later date late period, reduction of the list of planned types of services and (or) major repair work due to the fact that the provision or implementation of the planned type of service and (or) major repair work of common property in an apartment building within the time period established by the regional program is not required, from owners of premises in an apartment building, holding at least 10 percent of the votes of the total number of votes of owners of premises in an apartment building, or from a person managing an apartment building or providing services and (or) performing work on the maintenance and repair of common property in an apartment building ( hereinafter - the management organization), or from the Fund (hereinafter - the appeal to postpone the deadline for major repairs in the regional program).

3. The Commission includes representatives of the Department of Capital Repairs of the City of Moscow, the State Housing Inspectorate of the City of Moscow, the Fund, the management organization, as well as representatives of the owners of premises in an apartment building.

The regulations on the Commission and the procedure for its work are approved by the Department of Capital Repairs of the city of Moscow.

4. If the Department of Capital Repairs of the City of Moscow receives a message from the Fund about an application for crediting funds against previously completed capital repairs, the Commission makes one of the following decisions:

4.1. On the need to re-provide services and (or) re-perform major repairs in terms of individual structural elements related to common property in an apartment building within the time period established by the regional program.

4.2. About the absence of the need to re-provide services and (or) re-perform major repairs in terms of individual structural elements related to common property in an apartment building within the time period established by the regional program.

5. When the Commission makes a decision provided for in paragraph 4.1 of this Procedure, the Department of Capital Repairs of the City of Moscow, no later than 5 working days from the date the Commission makes the decision, notifies the Fund of the need to carry out major repairs within the time limits established by the regional program.

6. When the Commission makes a decision provided for in paragraph 4.2 of this Procedure, the Department of Capital Repairs of the City of Moscow:

6.1. Prepares proposals for updating the regional program in terms of postponing the period for re-providing services and (or) re-performing work on major repairs of individual structural elements related to common property in an apartment building to a later period no later than 30 calendar days from the date of adoption by the Commission solutions.

6.2. Notifies the Foundation of the decision taken in a manner confirming receipt of the specified notification, no later than 5 working days from the date of the Commission’s decision.

7. If major repairs in an apartment building, the owners of the premises in which form a capital repair fund in a special account, are not carried out within the time period provided for by the regional program, the Commission makes one of the following decisions:

7.1. About the need for major repairs.

7.2. On the possibility of providing services and (or) performing major repairs in more than late dates than the deadlines established in the regional program.

8. When the Commission makes a decision provided for in paragraph 7.1 of this Procedure, the Department of Capital Repairs of the City of Moscow:

8.1. Makes a decision on the formation of a capital repair fund on the account of the regional operator in the manner established by part 7 of article 189 of the Housing Code of the Russian Federation.

8.2. Prepares proposals for updating the regional program no later than 30 calendar days from the date of the Commission’s decision.

8.3. Notifies the owner of the special account, the management organization, the State Housing Inspectorate of the city of Moscow, the Fund about the decision made in a manner confirming receipt of the specified notification, no later than 5 business days from the date the Commission made the decision.

9. When the Commission makes a decision provided for in paragraph 7.2 of this Procedure, the Department of Capital Repairs of the City of Moscow:

9.1. Prepares proposals for updating the regional program in terms of postponing the provision of services and (or) carrying out major repairs to a later period no later than 30 calendar days from the date of the Commission’s decision.

9.2. Notifies the owner of a special account, the management organization, the State Housing Inspectorate of the city of Moscow about the decision made in a way confirming receipt of the specified notification, no later than 5 working days from the date the Commission made the decision.

10. If the Department of Capital Repairs of the City of Moscow receives a request to postpone the deadline for major repairs in the regional program, the Commission makes one of the following decisions:

12.1. Prepares proposals for updating the regional program in terms of postponing the deadline for major repairs no later than 30 calendar days from the date of the Commission’s decision.

12.2. Notifies the owners of premises in an apartment building, the management organization, the State Housing Inspectorate of the city of Moscow, the Fund about the decision made in a manner confirming receipt of the specified notification, no later than 5 working days from the date the Commission made the decision.

13. The regional program is subject to updating based on proposals from the Department of Capital Repairs of the City of Moscow, specified in paragraphs 6.1, 8.2, 9.1 and 12.1 of this Procedure, at least once a year.

14. Decisions of the Commission on the need for major repairs must contain the address of the apartment building, the name of the types of work and (or) services for major repairs, the need for which is established by the Commission, the period for carrying out such work and (or) providing such services for major repairs.

_________________________________

Major renovation of apartment buildings - This is a pressing problem for many people in our country. The state of the housing stock in many regions leaves much to be desired, however, it should be taken into account that after the housing and communal services reform, expenses are not included in the monthly amounts paid by residents as rent for housing. Consequently, the problems of capital repairs of houses are left to the discretion of the residents themselves.

To ease the burden of expenses for such an expensive event, the legislator has developed programs to assist the state incarrying out major repairs apartment buildings. Let's consider the possibilities general order and conditions for the participation of houses in this program (it must be taken into account that in different regions the application of these programs may differ slightly according to individual provisions; such differences are fixed in local regulations).

Conditions and procedure for participation of houses in capital repair programs

In order for an apartment building to be able to carry out major repairs using government assistance funds, it must have regional targeted program for capital repairs of apartment buildings , formed on the basis of municipal programs. Municipal programs are formed for a period of one year and include a basic list of apartment buildings for which it is planned to provide financial support for implementation. First of all, it should be noted that not all apartment buildings can participate in these programs, but only those that have chosen the form of management of the HOA (housing and housing construction cooperatives) or the management of a management organization.

Behind the scenes priority in participation in capital repair programs given specifically to houses with a HOA management form. In order for an apartment building to take part in the selection of houses included in the municipal targeted program for carrying outmajor renovation of apartment buildings, an authorized representative of the HOA or management organization it is necessary to submit an application to the relevant committee of the city administration.

Naturally, in order for such an application to be submitted, it is necessary to prepare a certain package of documents. We'll talk more about the list of documents below, but for now let's look at the mechanism for submitting an application for participation in major repairs and the procedure for selecting houses in which such repairs will be carried out.

You need to know that everything decisions on major repairs must be decided at a general meeting of residents of an apartment building. There should be three (or two) such general meetings, before submitting an application (in the case of a HOA) or before transferring documents to the management company: at the first of them, the issue of the need to participate in the capital repair program should be resolved. On the second, the list is approved necessary work. On the third - estimated cost repair work and the amount (as a percentage of the total cost of work, as a rule, no less than 5% of the total amount of funds provided for major repairs of the house) that the residents of the house must contribute to the capital repair.

When compiling a list of repairs, one should proceed from the principle of an objective assessment of the need for them. In some cases, the issues of the first and second, or second and third meetings may be combined, then there will be only two general meetings of the residents of the house.

In accordance with Federal Law of July 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services” V list of work carried out as part of major home renovationsfinanced by the Assistance Fund, entrance yat:

-in-house repairs engineering systems electricity, heat, gas, water supply, wastewater disposal
-repair or replacement of elevator equipment deemed unsuitable for operation, and, if necessary, repair of elevator shafts
-roof repair
-repair of basements belonging to common property in apartment buildings
- insulation and repair of facades
-installation of collective (common house) meters for resource consumption and control units (heat energy, hot and cold water, electrical energy, gas)
-repair of foundations of apartment buildings, including those on pile foundations, located in the Far North and equivalent areas.

So, after holding all the necessary meetings and agreeing on the documentation, an application is submitted to local administration to participate in the capital repair program. I would especially like to note that the share of residents’ participation in this usually does not exceed 5% of the total cost of repairs, however, you should know that this figure in certain regions can range from 5% to 15%.

Submitted applications are assessed by a special commission according to certain criteria approved by regional authorities. Based on the assessment of the application, the apartment building is assigned a certain number of points. In accordance with the assigned points, apartment buildings are ranked and arranged in descending order of points. Then, the number of houses that will be included in the repair program is determined. Their number is limited by the number of houses for which the totalsum overhaul corresponds to the amount of funds planned for allocation from the Housing and Communal Sector Reform Assistance Fund, the regional budget, the budget of the corresponding municipal unit (city, village, etc.), as well as those contributed by the owners of the premises for the shared financing of the program.

From the houses remaining on the list, a reserve list is formed - the number of houses included in this list is also limited a certain rule: the total amount of capital repairs for them must be a certain percentage (usually no more than 10%) of the total amount of capital repairs of houses on the main list.

Documents for submitting an application for major repairs

As mentioned above, before submitting an application for capital, the HOA (housing, housing-construction cooperative) or the residents of the house (when managing the management organization) must be a certain package of documents for an apartment building has been collected. First of all, it is necessary that the main documentation for the house - technical passport of the house and land surveying local area . There are often cases when it turns out that the technical passport for a house has been lost. In this case, you should contact the BTI archives (or similar organizations settlement), which can help restore the primary technical documentation on house. However, subsequently, based on this technical passport It will be necessary to issue a new sample, with additional technical characteristics.

Specialized organizations are engaged in such work, which can be contacted either personally, for example, by a representative of the HOA, or the management company can assist in providing the services of these organizations. Registration of the technical passport of the house is carried out at the expense of the residents of the house. When preparing technical documentation for a house, the local area is surveyed; assistance in this procedure should be provided by the local administration.

Thus, to summarize everything that has been said above, we can talk about the following list of documents that must be attached to the application for participation in the capital repair program:

- minutes of general meetings of residents of an apartment building (with a decision on participation in the program, a list of necessary work, the share of participation in the renovation of residents of the building) with a voting sheet attached;
- documents confirming the need for major repairs in an apartment building: a copy of the technical passport of the house, a copy of the certificate of acceptance of the house after the last comprehensive major repair, a defective statement prepared by the HOA or management organization, etc.;
- documents confirming the choice by the owners of premises in an apartment building of the method of managing this house: if a HOA has been created in the house, then this is a copy of the certificate of state registration of the HOA, etc.; if a management organization has been chosen to manage the house, then this is a copy of the minutes of the meeting on the choice of method of managing the house and other documents;
- the validity of the amount of the requested subsidy formajor house renovation: calculation of the amount of the subsidy, a certificate of the level of collection of fees for residential premises and public utilities for the home, a copy of the applicant's balance sheet.

At the end of the conversation about capital repair programs I would like to note the following. The Housing and Communal Sector Reform Assistance Fund will end its existence on January 1, 2013, therefore, government funding for capital repairs of apartment buildings will also cease. Apparently, either the legislator will develop new ways to support residents in matters of major repairs, or in the future, residents will have to solve all problems associated with major repairs of apartment buildings themselves.

1. The regional program for capital repairs of common property in apartment buildings determines the deadlines for the owners of premises in such buildings and (or) the regional operator to carry out capital repairs of apartment buildings. The regional program for capital repairs of common property in apartment buildings is approved by the highest executive body state power constituent entities of the Russian Federation for the purpose of planning and organizing major repairs of common property in apartment buildings, planning the provision of state support, municipal support for major repairs of common property in apartment buildings at the expense of the budget of the constituent entity of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for major repairs), monitoring the timeliness of major repairs of common property in apartment buildings by the owners of premises in such buildings, the regional operator.

2. The regional capital repair program for common property in apartment buildings (hereinafter referred to as the regional capital repair program) is formed for the period necessary to carry out major repairs 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 (including apartment buildings in which all premises belong to one owner), with the exception of apartment buildings recognized in the manner established by the Government of the Russian Federation as unsafe and subject to demolition or reconstruction. In accordance with the regulatory legal act of a constituent entity of the Russian Federation, the regional capital repair program may not include apartment buildings whose physical wear and tear of the main structural elements (roof, walls, foundation) exceeds seventy percent, and (or) apartment buildings in which the total cost of services and (or) work on major repairs of structural elements and intra-building engineering systems that are part of the common property in apartment buildings, per one square meter the total area of ​​residential premises exceeds the cost determined by the regulatory legal act of the constituent entity of the Russian Federation. In this case, no later than six months from the date of approval of the regional capital repair program or the decision to exclude apartment buildings from such a program, the regulatory legal act of the constituent entity of the Russian Federation must determine the procedure, timing and sources of financing for the reconstruction or demolition of these buildings or other measures, provided for by the legislation of the Russian Federation and ensuring the housing rights of owners of residential premises and tenants of residential premises under social tenancy agreements in these houses. In accordance with the regulatory legal act of a constituent entity of the Russian Federation, houses with fewer than five apartments may also not be included in the regional capital repair program. In accordance with the regulatory legal act of a constituent entity of the Russian Federation, the regional capital repair program does not include apartment buildings in respect of which, on the date of approval or updating of the regional capital repair program in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, decisions on demolition or reconstruction were made;

(see text in the previous edition)

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

3) the planned period for major repairs of common property in apartment buildings for each type of service and (or) work, taking into account the need to provide services and (or) perform work provided for in paragraph 1 of part 1 of Article 166 of this Code, simultaneously in relation to two or more intra-house engineering systems in an apartment building, determined by a regulatory legal act of a constituent entity of the Russian Federation, while the specified period may be determined by indicating a calendar year or a period not exceeding three calendar years during which such repairs must be carried out;

(see text in the previous edition)

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

3. The order of major repairs of common property in apartment buildings is determined in the regional capital repair program based on the criteria that are established by the law of the constituent entity of the Russian Federation and can be differentiated by municipalities.

(see text in the previous edition)

3.1. The regional capital repair program may, as a matter of priority, include work on the repair of in-house engineering gas supply systems, repair, replacement, modernization of elevators, repair of elevator shafts, machine rooms and block rooms.

(see text in the previous edition)

4. Introducing changes into the regional capital repair program when updating it, providing for the postponement of the established period for capital repairs of common property in an apartment building to a later period, reducing the list of planned types of services and (or) work on major repairs of common property in an apartment building, is carried out when availability of an appropriate solution general meeting owners of premises in an apartment building, except if:

(see text in the previous edition)

1) the reduction in the list of planned types of services and (or) work on major repairs of common property in an apartment building is due to the lack of structural elements in respect of which major repairs must be carried out;

2) the planned type of services and (or) work on major repairs of common property in an apartment building was carried out earlier and, in order to establish the need for major repairs of common property in an apartment building, it was determined that repeated provision of such services and (or) performance of such work within the period established by the regional capital repair program are not required;

3) a change in the method of forming the capital repair fund occurred on the grounds provided for in Part 7 of Article 189 of this Code. The period for major repairs in this case is determined in the order of establishing the need for major repairs of common property in an apartment building;

4) in the manner established by a regulatory legal act of a constituent entity of the Russian Federation, it has been determined that it is impossible to provide services and (or) perform work on major repairs of common property in an apartment building (including completing previously started provision of services and (or) performance of work) in connection with obstruction of such provision of services and (or) performance of work by the owners of premises in an apartment building, and (or) a person managing an apartment building, and (or) a person performing work on the maintenance and repair of common property in an apartment building, expressed in the non-admission of a contractor to premises in an apartment building and (or) to the building structures of an apartment building, utility networks, sanitary, electrical, mechanical and other equipment of an apartment building;

5) the introduction of changes to the regional capital repair program is due to a change in the timing of work on the repair of in-house engineering gas supply systems, repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms.

(see text in the previous edition)

(see text in the previous edition)

4.1. Decisions to amend the regional capital repair program are made in accordance with methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

4.2. Changes to the regional capital repair program on the basis provided for in paragraph 4 of part 4 of this article must provide for a planned period for the provision of services and (or) performance of work on major repairs of common property in an apartment building (including the completion of previously started provision of services and (or) performance of work) after the relevant circumstances have been eliminated. Reducing the list of planned types of services and (or) work on major repairs of common property in an apartment building on the basis provided for in paragraph 4 of part 4 of this article is not allowed.

5. The regional capital repair program must be updated at least once a year.

6. The procedure for the preparation and approval of regional capital repair programs, the requirements for such programs, the procedure for the provision by local government bodies of information necessary for the preparation of such programs are established by the law of the constituent entity of the Russian Federation in accordance with this Code.

(see text in the previous edition)

7. In order to implement the regional capital repair program, specify the timing of capital repairs of common property in apartment buildings, clarify the planned types of services and (or) work on capital repairs of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs State authorities of a constituent entity of the Russian Federation are required to approve short-term plans for the implementation of a regional capital repair program in the manner established by the regulatory legal act of a constituent entity of the Russian Federation, for a period of three years, distributed by year within the specified period. When making changes to the short-term plan for implementing the capital repair program on the grounds provided for

The current legislation regulates in sufficient detail issues related to the implementation of all activities and the timing of major repairs of an apartment building.

Main normative act The Housing Code of the Russian Federation that regulates such issues is the Housing Code of the Russian Federation. It is he who regulates the timing of major repairs in residential buildings.

Thus, the frequency of major repair work for each house should be set individually based on what communications and engineering structures must be repaired or reconstructed. Clause 1.7 also speaks about this. Instructions on the composition, procedure for development, coordination and approval of design and estimate documentation for major repairs of residential buildings, approved by Decree of the State Construction Committee No. 79 of December 17, 1999 and which came into force on January 1, 2000.

How to find out the timing of major repairs of a particular house?

Many people ask actual question: Is it possible to somehow find out the timing of a major home renovation? We answer, you can find out the time frame for major home repairs. We’ll tell you how below.

Since even new buildings, after several years of operation (usually, the period is from three to five years), are included in multi-level capital repair programs (both federal and regional), any resident of a particular apartment building can find out the period of capital repairs of an apartment building by the address.

In order to obtain information in how many years the house will undergo major repairs, you can proceed in three ways:

• the first way involves contacting your own HOA or your management company to find out for which year the house is included in the capital repair program;
• the second way would be to contact the administration of the locality in which the house is located, with the same goal as the first way to find out whether the building is on the list of the capital repair program;
• the third way will be the least expensive in terms of time and effort, since it will allow you to find out all the necessary information through the website of the program for Assistance in Housing and Communal Services Reform (provided that the house is included in the corresponding regional program).

In this case, in addition to receiving information about the time of work, it will also be possible to familiarize yourself with an approximate list of these works, as well as with the list of communications that will be subject to repair.

If the house is not included in the program, residents have the right to demand from the management company or by unanimous decision of the HOA participants to add it to the appropriate list (by inspecting the entire building by a specially authorized commission and drawing up a report on the inspection results).

What to do if repairs are needed urgently?

There are situations when a house is scheduled for renovation in ten years, but the need for it is urgent (for example, due to a constantly leaking roof, it is necessary to urgently change electrical wiring throughout the house to avoid short circuit and fire).

Is it possible to postpone the date of major repairs to an earlier date? What to do in this situation? Is it really impossible to move the start of repairs??

Since its implementation is possible only after agreeing on special estimates for the work, it will not be possible to begin work immediately after the decision to postpone the repair is made. Such approval usually takes about 6 months.

In addition, according to Part 3 of Art. 189 of the Housing Code of the Russian Federation, no less than 6 months before the beginning of the year in which repairs are to be carried out, the person responsible for maintaining the common property in proper condition (most often this is the chairman of the housing cooperative or HOA) must bring the relevant information to the owners of the premises with a detailed transcript of all the provisions on the work being carried out, as well as holding a meeting among residents in order to approve all estimates and the list of work being carried out.

That is, a year before the start of repairs (if it is carried out within the originally planned timeframe), residents begin the process of agreeing on estimates for the work and transfer the missing funds to the account in which money for the work is accumulated.

To postpone the start of repairs or change the position of a particular house within the framework of a regional program, you must contact your management company (and in cases of HOAs, a department in the municipal administration) in order to call a special commission to inspect the condition of the house, which, based on the results of the inspection, will repair, reconstruction or replacement of certain engineering parts of the house, will issue an appropriate proposal indicating the timing of mandatory repair work.

However, as mentioned above, approval of the work plan must be carried out no later than six months before the start of the year in which the repairs will be carried out.

The only exception can be an unscheduled one, which will be appointed based on the results of an inspection of the entire building by an assessment commission.

Timing of work

Major repair work is quite complex in terms of both human and material resources, activities that must be carried out very carefully, since often the operational capabilities of a building, as well as the safety of its occupants, will depend on their quality.

It is for this reason that such work cannot be completed in one day. However, they also cannot be extended over several years.

If for current repairs Appendix No. 6 to the Resolution of the State Construction Committee No. 170 of September 27, 2003 determined the time frame of 22 working days for carrying out all necessary work, then for capital repairs there are no such periods stipulated in the legislation.

However, if we turn to Part 5 of Art. 189 of the Housing Code, you can see that the timing of major repairs is approved directly at a meeting of homeowners in an apartment building.

Thus, we can say that residents themselves must determine within what time all work should be completed.

The only condition that the legislator sets is that the deadlines must be reasonable and not cause inconvenience to the residents of the house.

If the time has come, but there is no repair?

There are also cases when the time for major repairs has come, but they are not carried out. What to do in such cases?

There are several reasons why such a situation may arise.

Among them there are three most important:

• lack of funds that have been accumulated in the account of the regional operator;
• exclusion of the house from the regional capital repair program due to its recognition as unsafe;
• refusal of the management company to carry out repairs due to reluctance to carry out such work.

The last reason can be dealt with only by contacting the regulatory authorities with an appropriate collective statement (first to the Housing Inspectorate, then to the Prosecutor's Office and the courts). But the first two are easier to deal with.

As for the lack of funds, it can be covered by entering the appropriate column in the receipt for payment of housing maintenance (dividing the missing amount by the number of people living in the house or square meters in total, as well as by the number of months remaining until the end of the calendar year, since it is within payment is made for all concluded contracts).

In the event that a house is declared unsafe and excluded from the program, it is necessary to contact those state or municipal bodies that are responsible for making such decisions and request to provide an inspection report of the building with a signed conclusion.

If the legality of the decision is in doubt, then you can safely contact the regulatory authorities to eliminate the identified violation. If the decision is justified, you must wait until the documents for relocation from dilapidated and dilapidated housing are ready.

Major repairs are a rather complicated process. However, when there is enough full information about what should be carried out and within what time frame, it will be easy and will cause minor inconvenience.

We hope you now know how many years it takes for a major renovation of an apartment building to take place and how often it is done.

Having information on how to find out when major repairs are due and how to reschedule major repairs to an earlier date, you can make your quality of life higher.

Major renovation of an apartment building- carrying out work to eliminate malfunctions of worn-out structural elements of the common property of premises owners in an apartment building, including their restoration or replacement, in order to improve performance characteristics common property in an apartment building.

Expenses for major repairs of common property in an apartment building must be financed from the capital repair fund and other sources not prohibited by law.

Who is responsible for carrying out major repairs of an apartment building?

Until 2014 (before the entry into force of the Federal Law of the Russian Federation of December 25, 2012 No. 271-FZ “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation” (hereinafter referred to as Law No. 271- Federal Law) the housing and communal services reform fund helped carry out major repairs. Now this fund will only finance the resettlement of citizens from dilapidated and dilapidated housing.

In accordance with the introduced requirements, they are required to pay monthly contributions for major repairs. After the entry into force of Law No. 271-FZ from 2014, owners of apartment buildings will pay for major repairs. In some regions, even before the adoption of this law, owners were already paying for major repairs of residential buildings.

In addition, the Civil Code of the Russian Federation (Article 210) and the Housing Code of the Russian Federation (Clause 1 of Article 158) clearly establish that Responsibility for the maintenance of owned housing lies with its owners. In other words, a person who has purchased, privatized or otherwise acquired ownership of an apartment in an apartment building receives not only the rights, but also the responsibilities for maintaining the housing in proper condition (repairing the roof, facade, foundation, etc.).

Before the adoption of Law No. 271-FZ, there was no clear mechanism for implementing the obligation of owners to maintain common property in an apartment building. One could endlessly complain about collapsing facades and leaking roofs, and wait for it to be fixed. Now major repairs of an apartment building depend on the residents themselves.

Despite the fact that the financial burden for major repairs of apartment buildings is placed on the owners, the authorities should not stand aside. State authorities and local self-government bodies are entrusted with the obligation to organize the timely implementation of major repairs of common property in apartment buildings through contributions from the owners of premises in such buildings for the overhaul of common property in apartment buildings, budgetary funds and other sources of financing not prohibited by law.

Who is responsible for old, unfulfilled repairs of an apartment building?

More than half of the housing stock of the Russian Federation requires repairs, however, Law No. 271-FZ does not provide for any obligations of the authorities regarding old, major repairs that have not been carried out.

At the same time, it should be noted that the Federal Law of 01.02.2010 No. 4-FZ “On Amendments to the Federal Law “On the Entry into Force of the Housing Code of the Russian Federation” applies Article 16 of the Law of the Russian Federation “On Privatization” housing stock in the Russian Federation”, stipulating that when privatizing residential premises occupied by citizens in houses requiring major repairs, the former landlord retains the obligation to carry out major repairs of the house in accordance with the standards for the maintenance, operation and repair of the housing stock, extended until 03/01/2015.

Important! A fairly clear position has emerged from the courts that municipalities are responsible for home repairs that should have been done but were not done in a timely manner.

What common property is subject to major repairs in an apartment building?

In accordance with Article 166 of the Housing Code of the Russian Federation, the following are subject to major repairs from among the common property in an apartment building at the expense of the capital repair fund:

1) in-house engineering systems of electricity, heat, gas, water supply, and wastewater disposal;

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

3) roof of the house;

4) basements related to common property in an apartment building;

5) facade of the house;

6) foundation of the house.

But the above list is not exhaustive. By a regulatory legal act of a constituent entity of the Russian Federation, the list of services and (or) works for major repairs of common property in an apartment building, financed from the capital repair fund, may be supplemented with services and (or) works:

For façade insulation,

Converting an unventilated roof to a ventilated roof,

Installation of roof exits,

Installation of collective (common house) meters for the consumption of resources necessary for the provision of public services, and units for managing and regulating the consumption of these resources (heat energy, hot and cold water, electricity, gas),

other types of services and (or) works.

You can find out what types of work on major repairs of common property in an apartment building are additionally established by a legal act of a constituent entity of the Russian Federation in the regional executive authority in the field of housing and communal services (department of housing and communal services).

Important! Owners of premises in an apartment building may decide to carry out any other work, but at the expense of exceeding the minimum contribution (additional contribution) for major repairs.

Part of the capital repair fund, formed due to 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 major repairs of common property in an apartment building.

Contributions for major repairs of common property in an apartment building

In accordance with Article 169 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building.

Now payments for major repairs are mandatory everywhere. The law recognizing the payment for major repairs as mandatory for all owners , is aimed at creating a clear mechanism that will allow major repairs of the entire housing stock to be carried out as planned.

Payment for residential premises and utilities for the owner of premises in an apartment building now includes:

1) maintenance fee and Maintenance Houses;

2) contribution for major repairs;

3)payment for utilities.

Therefore, when receiving a receipt, pay attention to what your payments consist of.

Funds contributed by owners as a contribution to capital repairs are accumulated in a special account and are recognized as general funds. A special account is opened with a credit institution.

The minimum amount of contribution for major repairs is established by the regulatory legal act of the constituent entity of the Russian Federation based on the occupied total area of ​​the premises in an apartment building, owned by the owner of such premises, and can be differentiated depending on the municipality, taking into account:

Its type and number of floors;

The cost of major repairs individual elements building structures and engineering systems of an apartment building;

Standard periods for their effective operation before the next major overhaul (standard periods between repairs);

And also taking into account the list of works for major repairs of common property in an apartment building established by the Housing Code of the Russian Federation and the regulatory legal act of the constituent entity of the Russian Federation.

Approved by Order of the Ministry of Construction of Russia dated 02/07/2014 No. 41/pr guidelines on the establishment by a constituent entity of the Russian Federation of the minimum amount of contribution for major repairs of common property in apartment buildings.

The obligation to pay contributions for capital repairs arises for the owners of premises in an apartment building after four calendar months, unless an earlier period is established by 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, in which this apartment building is included in. That is, depending on the timing of publication of the program, we can say that this will happen no earlier than May-June 2014.

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

Are fees payable if the house is declared unsafe and subject to demolition?

According to the norms of the Housing Code of the Russian Federation, 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 seizure for state or municipal needs the land plot 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 subject of the Russian Federation or a municipal entity. This norm is imperative, i.e. It is illegal to exempt any category of citizens from paying contributions for major repairs.

If an apartment building is recognized as unsafe 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 the event of withdrawal of a land plot for state or municipal needs, the regional operator is obliged to pay the owners of premises in this apartment building funds from the capital repair fund in proportion to the amount of contributions they paid for capital repairs and the amount of these contributions paid by the previous owners of the corresponding 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 seized residential premises.

The obligation to pay contributions for major 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, which includes this apartment building.

For late payment, a penalty of 1/300 of the refinancing rate of the Central Bank is provided. The owners' decision to refuse payment will be illegal. Money can also be collected from defaulters through legal action.

So, owners of residential premises are required to bear the costs of major repairs. What should tenants of municipal apartments do? In municipal apartments the owner is the municipality. This means that the municipality must pay. People who live in municipal apartments are exempt from paying contributions for major repairs.

According to paragraph 1 of Art. 290 of the Civil Code of the Russian Federation, owners of apartments in an apartment building belong to the right of common shared ownership common areas Houses, bearing structures home, mechanical, electrical, plumbing and other equipment outside or inside an apartment serving more than one apartment.

In Part 1 of Art. 36 of the Housing Code of the Russian Federation contains a list of property owned by the owners of premises in an apartment building on the right of common shared ownership.

The obligation to pay the costs of major repairs of an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises.

Consequently, being the owner of premises in multi-apartment residential buildings, the municipality is obliged to bear the burden of maintaining the property it owns by paying fees for major repairs of the common property of the houses.

Owners non-residential premises in an apartment building are required to bear the costs of maintaining and repairing common property on an equal basis with the owners of residential premises. Such expenses are borne by the indicated owners of non-residential premises by paying fees for the maintenance and repair of common residential premises and utilities (Part 2 of Article 154, Articles 155 - 158 of the Housing Code of the Russian Federation).

If the owners of non-residential premises in an apartment building refuse to bear the costs of maintaining and repairing common property in an apartment building or in case of untimely and (or) incomplete payment for residential premises and utilities, civil liability measures may be applied to the owners of non-residential premises in an apartment building, as well as reclaiming debt on the basis of a court decision by foreclosure on movable and immovable property owned by the debtor.

Are owners of new houses required to pay for major repairs? They are required, since in any building, over time, load-bearing structures and engineering equipment are partially or completely destroyed. Therefore, it is more profitable for owners of new houses to form a fund in their own special bank account, into which interest on the use of funds will be credited.

What is a capital improvement fund?

Capital Improvement Fund is formed due to:

Contributions for major repairs

Interest paid by owners in connection with improper fulfillment of the obligation to pay contributions for major repairs

Interest accrued for the use of funds located in a special account.

In addition, income from the transfer for use of common property in an apartment building, funds from a homeowners’ association, including income from economic activity homeowners' associations may be directed, by decision of the owners of premises in an apartment building, or by the decision of members of a homeowners' association, to form a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major repairs.

Upon reaching the established minimum size of the capital repair fund, the owners have the right to decide to suspend the obligation to pay contributions for capital repairs, with the exception of owners who are in arrears in paying these contributions.

Funds from the capital repair fund can be used for:

Payment for services and (or) work on major repairs of common property in an apartment building,

Developments project documentation(in case the preparation of project documentation is necessary in accordance with the legislation on urban planning activities),

Payments for construction control services,

Repayment of credits, loans received and used 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.

If an apartment building is recognized as unsafe and subject to demolition or reconstruction, funds from the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building by decision of the owners of the premises in this apartment building.

And in the event of the seizure for state or municipal needs of the land plot on which this apartment building is located, and accordingly the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a subject of the Russian Federation or a municipal entity, funds capital repair funds are distributed among the owners of premises in this apartment building in proportion to the amount of contributions they paid for capital repairs and contributions for capital repairs paid by previous owners of the relevant premises.

Opinion: In our opinion, the disadvantage of such a system for forming a capital repair fund is the lack of clear mechanisms for protecting savings (from inflation, corruption).

Is it possible to establish a minimum size of the capital repair fund, upon reaching which property owners can stop paying the contribution for capital repairs?

According to paragraph 8 of Article 170 of the Housing Code of the Russian Federation, the law of a constituent entity of the Russian Federation may establish minimum size capital repair funds in relation to apartment buildings, the owners of premises in which create these funds in special accounts. In this case, upon reaching the minimum size of the capital repair fund, the owners of premises in an apartment building at a general meeting have the right to decide to suspend the obligation to pay contributions for capital repairs, with the exception of owners who are in arrears in paying these contributions.

What to do if the time has come to make repairs, but there are not enough funds?

You can take out a bank loan guaranteed by a regional fund.

Go to the regional fund and then pay it until the amount spent on major repairs is repaid.

It should be noted that the HOA, which transferred funds to the regional fund, can leave it and open a special account. And if the planned repairs in his house have not yet been carried out, the funds will be transferred to a special account. If the repairs have already been made, but the transferred funds were not enough, and the regional fund actually paid extra, then the HOA must first pay off the debt, and only then open a special account.

Methods for forming a capital repair fund

The main changes affected management companies. New law unilaterally deprives them of the opportunity to manage the funds that the owners transfer for major repairs.

Now this money will be managed either by the owners themselves (individual accumulation system) or by the regional operator.

Owners of premises in an apartment building have the right to choose one of following methods formation of 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 Money located in a special account;

2) transfer of contributions for major repairs to the account of the regional operator in order to form a capital repair fund in the form of the obligatory rights of the owners of premises in an apartment building in relation to the regional operator.

Important! In the first case, the money collected will be used to repair a specific house, in the second - to repair any of the houses included in the corresponding list (in order of priority).

Each owner of a residential premises in an apartment building will have to choose how to save for major repairs (together or separately).

Such a decision must be made at a general meeting of owners and reflected in the appropriate minutes. And, if the owners decided on individual accumulation and decided to open a special account in the name of the regional operator (a specialized non-profit organization, which collects funds and also ensures the overhaul of an apartment building), the protocol must be transferred to this operator.

How long does it take for residential property owners to decide on how to form a capital repair fund?

The decision to determine the method of forming a 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 constituent entity of the Russian Federation, but no more than six months after the official publication of the regional capital repair programs.

No later than one month before the end of the six-month period, the local government convenes a general meeting of owners of premises in an apartment building to decide on the choice of method for forming a capital repair fund, if such a decision has not been made earlier.

If the owners of premises in an apartment building did not choose the method of forming a capital repair fund within the above period, that is, they did not decide how to raise funds for the major repairs of common property, they “by default” ended up in the regional fund.

The method of forming a capital repair fund can be changed at any time based on a decision of the general meeting of owners of premises in an apartment building. The procedure for changing the method of forming a capital repair fund is established by Article 173 of the Housing Code of the Russian Federation.

The decision to terminate the formation of a fund on the account of the regional operator and the formation of a capital repair fund on a special account comes into force in two years after sending the decision of the general meeting of owners of premises in an apartment building to the regional operator, unless a shorter period is established by the law of the subject of the Russian Federation.

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 takes effect in one month after sending the decision of the general meeting of owners to the owner of the special account.

Formation of a capital repair fund by transferring contributions to a special account (We save separately)

If the first method of forming a fund is chosen: 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. In this case, funds from such an account can only be used for major repairs and for nothing else.

If residents of an apartment building have decided on an individual form of savings, they need to:

1. Conduct a general meeting of owners in accordance with the requirements of Article 45 of the Housing Code of the Russian Federation. Namely:

1.1. 10 days before the expected date of the meeting, notify each homeowner in writing about the upcoming event.

Clarification: if the owners, as part of the general meeting, did not approve a place for posting notices (for example, a notice board or an entrance door), then the Housing Code leaves them with only two appropriate forms of notification: in person with a signature, or by registered mail.

1.2. During the notification process, each owner must be given an information message (Sample Information Message) which must contain:

Information about the organizer (initiator/initiative group)

Form of delivery (full-time/correspondence)

Date, place, time (in case of an in-person meeting)

Closing date for decisions and place of transmission (in case of absentee voting)

Agenda

The procedure for familiarizing yourself with the information and materials that will be presented at this meeting + the place where you can get acquainted with them

Upon receipt of notice of the meeting, each owner must sign in the appropriate register (Register of notifications for in-person voting).

1.3. In case of in-person voting, at the appointed date, place and time, owners must appear with documents confirming their ownership rights, as well as identification documents. Then sign in the register confirming attendance (Register for participation in an in-person meeting)

1.4. The meeting can be considered valid if more than half of the owners were present/voted.

Example: if the house has 4,000 square meters, the meeting can be recognized as having taken place based on the participation/voting of the owners who own 2,001 square meters.

1.5. If a quorum has not been reached, those gathered make a decision to vote in absentia and record in the minutes the end date for accepting decisions (Sample owner’s decision) and the place of their transfer. After which the process of notifying owners (clause 1.1) is repeated for the second round, with appropriate changes made to the information message.

Requirements for the minutes of the general meeting on opening a special account:

It is mandatory that the minutes of the decision of the general meeting (Sample minutes of the in-person meeting) contain decisions on 5 issues:

1. The amount of the monthly contribution for major repairs. The amount of the contribution cannot be less than that established by the government of the Krasnoyarsk Territory.

2. List of works and services for major repairs of common property. The list of works and services cannot be less than that provided for by the regional capital repair program.

3. Timing for major repairs of common property. The dates cannot be later than the planned dates established by the regional capital repair program.

4. Owner of a special account. Nominal owners of special accounts can be:

HOA (for houses managed by HOA);

Housing cooperative (for houses managed by a cooperative);

regional operator (for houses under direct management, as well as under the management of management companies).

Clarification: in accordance with Art. 175 of the Housing Code of the Russian Federation, the owner of a special account may be an HOA that manages an apartment building and created by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which totals no more than thirty, if these houses are located on land plots, which, in accordance with the documents contained in the state real estate cadastre, have a common border, and, within which there are engineering support networks, other infrastructure elements that are intended for sharing owners of premises in these houses .

Thus, if the powers of the HOA go beyond the scope of Art. 175 of the Housing Code of the Russian Federation, then it must open accounts with a regional operator, or be split into separate HOAs.

In addition, the owner of a special account may be a housing cooperative or other specialized consumer cooperative that manages an apartment building.

Who benefits?

It is beneficial for residents of relatively new houses, residents of houses where major repairs were carried out not so long ago, as well as owners who are good payers and are inclined to independently plan their expenses for major repairs and maximum personal control over the funds spent. Financial assistance on the part of the state in the case of individual accumulation there will be no.

This option is preferable. First of all, major repairs are not tied to the plan established by officials, therefore, it can be done earlier than in the queue. In addition, the owners themselves set the amount of monthly contributions (the amount of the monthly contribution for capital repairs should not be less than the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation).

Repair work is carried out by the management company or any other organization at the discretion of the owners. The bank will transfer the money to the contractor only after the owner of the special account submits a work acceptance certificate signed by representatives of the owners and local authorities.

What is a special account?

A special account is opened in a bank in accordance with the Civil Code of the Russian Federation and the specifics established by the Housing Code of the Russian Federation.

A special account can be opened in Russian credit institutions, the amount own funds(capital) of which is no less than twenty billion rubles. The Central Bank of the Russian Federation publishes quarterly information about credit institutions that meet established requirements.

In such an account, a capital repair fund is formed, formed from contributions for capital repairs, interest paid in connection with improper fulfillment of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.

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

Important: When acquiring ownership of a premises in an apartment building, the acquirer of such premises receives a share in the right to the funds in a special account.

When the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, is transferred.

Owners of premises in an apartment building have the right to form a capital repair fund only on one special account. A special account can accumulate funds from the capital repair fund of premises owners in only one apartment building. The special account agreement is of unlimited duration.

The funds located in a special account cannot be recovered for the obligations of the owner of this account, with the exception of obligations arising from contracts for major repairs.

If the owner of a special account is declared bankrupt, the funds located in the special account are not included in the bankruptcy estate.

The credit institution in which the special account will be opened.

Owners cannot choose any bank they like. The legislator limited the possibility of choosing from more than 900 banks operating in the Russian Federation to approximately 30, establishing as mandatory requirement the minimum amount of own funds is 20 billion rubles.

Clarification: if a credit institution is not selected or does not meet the requirements of Part 2 of Article 176 of the RF Housing Code, the right to select a credit institution is transferred to the regional operator.

The specifics of opening and closing a special account and conducting transactions on the account are regulated by Articles 176-177 of the Housing Code of the Russian Federation.

The special account agreement can be terminated at the request of the owner of the special account if there is a decision documented in the minutes of the general meeting of owners of premises in an apartment building to change the method of forming the capital repair fund, to replace the owner of the special account or credit institution.

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

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

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

2) a list of services and (or) works for major repairs of common property in an apartment building, consisting of no less than the list of such services and (or) works provided for by the regional capital repair program;

3) the timing of major repairs of common property in an apartment building, which cannot be later than the planned dates established by the regional capital repair program;

4) owner of a special account;

5) a credit institution in which a special account will be opened.

Can the owners of a home maintained by a management company accumulate funds in a special account?

If the management of an apartment building is not carried out by a homeowners' association, housing cooperative or other specialized consumer cooperative and the owners of premises in such a building have decided to form a capital repair fund in a special account, then an account for them will be opened by a regional operator upon their request.

The owner of the special account in this case is the regional operator, but the funds on it will belong to the owners of the corresponding apartment building, who will dispose of them in accordance with the Housing Code of the Russian Federation.

Formation of a capital repair fund on the account of a regional operator (Saving together)

Owners of premises in an apartment building have the right to decide to choose a regional operator as the owner of a special account.

Owners are invited to “get in line” and, by making a monthly contribution for major repairs, wait until their turn comes.

Obviously, if after the publication of the regional program the owners find their house in the forefront for major repairs, it makes sense to think about a collective form of accumulation.

In accordance with the letter of the law, residents are also required to hold a general meeting and approve the form of accumulation, however, if the corresponding decision is not made or the regional operator is not notified, the municipality will make the decision in favor of the “common boiler” for the owners.

In order to implement the decision to form a capital repair fund in 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 formalized this decision.

In accordance with Article 181 of the Housing Code of the Russian Federation, owners of premises in an apartment building who have decided 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 decided on the method of forming a capital repair fund, are required to conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of capital repairs in the manner established by Article 445 of the Civil Code of the Russian Federation.

The payment by the owner of a premises in an apartment building of a contribution for major repairs to the account of the regional operator after he receives a draft of such an agreement is considered its conclusion. In this case, the owners of premises in this apartment building, having more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building, act as one party to the concluded agreement.

According to the agreement on the formation of a capital repair fund and on the organization of capital repairs, each owner of premises in an apartment building is obliged to make monthly contributions for major repairs to the account of the regional operator on a timely basis and in full.

The regional operator undertakes provide:

Carrying out major repairs of common property in this apartment building within the time frame determined by the regional capital repair program,

Financing such a major overhaul

Transfer funds in the amount of the capital repair fund to a special account or pay the owners of premises in an apartment building funds corresponding to the shares of such owners in the capital repair fund.

What is a regional operator?

Regional operator is a legal entity created in the organizational and legal form of a foundation (Article 178 of the Housing Code of the Russian Federation).

A regional operator is created by a constituent entity of the Russian Federation. Several regional operators can be created on the territory of a constituent entity of the Russian Federation, each of which operates on part of the territory of such a constituent entity of the Russian Federation.

By the end of 2013, all regions of the Russian Federation had to create a capital repair fund and establish a regional operator. The regional operator will carry out major repairs using funds that will go to the fund according to a plan that will include every apartment building in a constituent entity of the Russian Federation. Local governments must compile such lists. Registers (regional program for capital repairs of common property in apartment buildings) will be publicly available, and every citizen will be able to monitor the progress of the queue for repairs.

The functions of the regional operator are:

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

2) opening special accounts in one’s name and performing 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 chose a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their name;

3) performing the functions of a technical customer for major repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

4) financing the costs of capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account, accounts of the regional operator, within the limits of these capital repair funds, using, if necessary, funds received from other sources, including from budget of a constituent entity of the Russian Federation and (or) local budget;

5) interaction with government authorities of a constituent entity of the Russian Federation and local governments in order to ensure timely capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

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

The property of the regional operator is formed through:

1) contributions of the founder;

2) payments by owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;

3) other sources not prohibited by law.

Important! Funds received by the regional operator from premises owners in apartment buildings forming capital repair funds on the account of the regional operator can only be used to finance the costs of major repairs of common property in these apartment buildings. The use of these funds for other purposes, including payment of administrative and business expenses of the regional operator, is not permitted.

Can a regional operator spend funds received from the owners of one house on major repairs of another house?

The Housing Code allows funds received by the regional operator from the owners of premises in the same apartment buildings, forming capital repair funds on the account of the regional operator, can be used on a return basis to finance capital repairs of common property in other apartment buildings, the owners of premises in which also form capital repair funds on the account of the same regional operator. At the same time, the law of a subject of the Russian Federation may establish that such use of funds is permitted only if the specified apartment buildings are located on the territory of a certain municipal entity or the territories of several municipalities.

It seems that this option for collecting funds 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 own property, but not that of others. By general rule officials allow the funds collected from one house to be used for major repairs of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance first, and whose house will be repaired in 10 years.

Agreement on the formation of a capital repair fund and on the organization of capital repairs

Owners who have decided to form a fund on the account of a regional operator are required to enter into an agreement with the regional operator on the formation of a capital repair fund and on the organization of capital repairs.

In this case, the owners of premises in this apartment building, having more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building, act as one party to the concluded agreement.

The regional operator ensures that capital repairs are carried out, including in the event of insufficient funds from the capital repair fund, using funds received from payments from owners of premises in other apartment buildings that form capital repair funds in the account of the regional operator, from subsidies received from budget of a constituent entity of the Russian Federation and (or) local budget.

In order to ensure the implementation of major repairs, the regional operator is obliged to:

1) prepare and send proposals related to major repairs to the owners of premises in an apartment building;

2) ensure the preparation of assignments for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of design documentation for major repairs, approve the design documentation, bear responsibility for its quality and compliance with the requirements technical regulations, standards and other regulatory documents;

3) attract contractors to provide services and (or) perform major repairs, and conclude relevant agreements with them on its own behalf;

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

5) accept the completed work;

6) bear other responsibilities provided for by the agreement on the formation of a capital repair fund and on the organization of capital repairs.

Accounting for capital repair funds by a regional operator

In accordance with Article 183 of the Housing Code of the Russian Federation, the regional operator keeps records of funds received into the account, the account of the regional operator in the form of contributions for capital repairs of the owners of premises in apartment buildings, forming capital repair funds on the account, the accounts of the regional operator (hereinafter referred to as the capital fund accounting system repair).

Such accounting is kept separately for the funds of each owner of premises in an apartment building. Such records can be maintained electronically.

The capital repair fund accounting system includes, in particular, information about:

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

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

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

Upon request, the regional operator provides the above information to the owners of premises in an apartment building, as well as the person responsible for managing this apartment building (homeowners' association, housing cooperative or other specialized consumer cooperative, management organization).

Responsibilities of the regional operator for organizing major repairs of common property in apartment buildings

In accordance with Article 182 of the Housing Code of the Russian Federation, the regional operator provides:

- carrying out major repairs common property in an apartment building, the owners of premises in which form a capital repair fund on the account of a regional operator, in the amount and within the time frame provided for by the regional capital repair program,

- capital repair financing common property in an apartment building, including in the event of insufficient funds from the capital repair fund, from funds received through payments from owners of premises in other apartment buildings, forming capital repair funds in the account, accounts of the regional operator, from subsidies received from the budget subject of the Russian Federation and (or) local budget.

Reimbursement to the regional operator of funds spent on major repairs of common property in an apartment building, in an amount exceeding the size of the capital repair fund, is carried out through subsequent contributions for major repairs by the owners of premises in this apartment building.

The regional operator, before the owners of premises in an apartment building, forming a capital repair fund on the account of the regional operator, is responsible 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 of obligations under carrying out major repairs by contractors engaged by the regional operator.

Responsibility of the regional operator.

Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations arising from agreements concluded with such owners in accordance with this Code and the laws of the constituent entities of the Russian Federation adopted in accordance with it, are subject to compensation in accordance with civil legislation .

A constituent entity of the Russian Federation bears subsidiary liability for failure to fulfill or improper fulfillment by a regional operator of obligations to the owners of premises in apartment buildings.

Control over the activities of the regional operator.

State financial control bodies of the constituent entities of the Russian Federation and municipal financial control bodies of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the constituent entities of the Russian Federation and municipalities exercise financial control over the use by the regional operator of funds from the corresponding budgets in the manner established by the budget legislation of the Russian Federation .

What is a regional program for capital repairs of common property in apartment buildings?

Regional program for capital repairs of common property in apartment buildings- this is a document that is approved by the highest executive body of state power of a constituent entity of the Russian Federation for the purpose of planning and organizing major repairs of common property in apartment buildings, planning for the provision of state support, municipal support for major repairs of common property in apartment buildings at the expense of the budget of the constituent entity of the Russian Federation Federation, local budgets.

The regional program for capital repairs of common property in apartment buildings determines the deadlines for the owners of premises in such buildings and (or) the regional operator to carry out capital repairs of apartment buildings.

The regional capital repair program is formed for the period necessary to carry out major repairs of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation.

1. 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 unsafe and subject to demolition.

2. List of services and (or) works for major repairs of common property in apartment buildings;

3. The planned period for major repairs of common property in apartment buildings.

4. Other information to be included in the regional capital repair program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

Opinion: According to specialists from the Social Request Foundation, the program will resemble financial pyramid when directing funds collected by the owners of the premises of one apartment building for the purpose of major repairs of other buildings. Moreover, in this situation, the owners of newer apartment buildings will sponsor major repairs of older apartment buildings.

The sources of the budgets of the constituent entities of the Russian Federation, local budgets and their volume provided for co-financing of regional capital repair programs are not entirely clear. After all, each budget has different possibilities, which will entail an increase in the payment burden on the owners of apartment buildings.

The solution to these and other equally significant issues will entail many more discussions, and along with this, corruption schemes.

What if the house is not recognized as unsafe, but is in very poor condition and its repair will require a very large amount of money?

In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program may not include apartment buildings, physical deterioration of the main structural elements (roof, walls, foundation) which exceeds seventy percent, and (or) apartment buildings, in which the total cost of services and (or) work on major repairs of structural elements and in-house engineering systems that are part of the common property in apartment buildings, per one square meter of total residential area exceeds the cost determined by a regulatory legal act of a constituent entity of the Russian Federation.

In this case, no later than six months from the date of approval of the regional capital repair program or the decision to exclude apartment buildings from such a program, the regulatory legal act of the constituent entity of the Russian Federation must determine the procedure, timing and sources of financing for the reconstruction or demolition of these buildings or other measures, provided for by the legislation of the Russian Federation and ensuring the housing rights of owners of residential premises and tenants of residential premises under social tenancy agreements in these houses.

Important! In accordance with the regulatory legal act of a constituent entity of the Russian Federation, houses with less than three apartments may not be included in the regional capital repair program.

What are the criteria for selecting priority for the inclusion of apartment buildings in capital repair programs?

In accordance with paragraph 3 of Article 168 of the Housing Code, the criteria for selecting priority for the inclusion of apartment buildings in capital repair programs are established by the law of the constituent entity of the Russian Federation. As a matter of priority, the regional capital repair program should provide for the following major repairs:

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

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

In order to implement the regional capital repair program, specify the timing of capital repairs of common property in apartment buildings, clarify the planned types of services and (or) work on capital repairs of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs, government agencies The authorities of the constituent entity of the Russian Federation and local governments are required to approve short-term (for a period of up to three years) plans for the implementation of the regional capital repair program.

Amendments to the regional capital improvement program to include postponement of the deadline major repairs of common property in an apartment building for a later period, reduction of the list of planned types of services and (or) work on major repairs of common property in an apartment building, not allowed, except in cases where an appropriate decision is made by the owners of the premises in this apartment building.

The regional capital repair program must be updated at least once a year.

Can owners, on their own initiative, make decisions to carry out major repairs before the deadlines determined by the regional program? How will this affect the amount of the mandatory contribution for major repairs?

According to paragraph 4 of Article 181 of the Housing Code of the Russian Federation, if, before the deadline established by the regional capital repair program for capital repairs of common property in an apartment building, separate work on major repairs of common property in this building was carried out, provided for by the regional capital repair program, payment for these works was was carried out without the use of budgetary funds and funds of the regional operator, and at the same time, in order to establish the need for major repairs of common property in an apartment building, repeat performance of this work within the period established by the regional capital repair program is not required, funds in an amount equal to the cost of these works, but not more than the size of the maximum cost of these works, are 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 capital repairs by the owners of premises in an apartment building forming capital repair funds on the account of the regional operator.

Who has the right to decide on major repairs?

In accordance with Art. 189 Housing Code of the Russian Federation carrying out major repairs of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners premises in an apartment building.

Owners of premises in an apartment building Anytime has the right to decide to carry out major repairs of common property in an apartment building at the suggestion of:

A person managing an apartment building or providing services and (or) performing work on the maintenance and repair of common property in an apartment building;

Regional operator;

Or on your own initiative.

Can owners refuse to make repairs or pay fees?

As for repairs, there is no clear indication of this in the law. But according to common sense, apparently they can. Because it is their property. But what to do in this situation, how the fund will operate, what will happen to their savings - these questions have not been worked out in detail.

But, if residents are inactive and do not respond to the proposal to carry out major repairs, then the district administration is authorized to make a decision on carrying it out for them. As for contributions, homeowners have no legal grounds for refusing to pay them.

What is the timeframe for preparing a proposal for a major overhaul?

In accordance with Article 189 of the Housing Code of the Russian Federation no less than six months(unless another period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which major repairs must be carried out of common property in an apartment building in accordance with the regional capital repair program, the person managing the apartment building or the regional operator (if the owners of premises in the apartment building form a capital repair fund on the account of the regional operator) submits proposals to the owners:

About the start date of major repairs,

The necessary list and the scope of services and (or) work, their cost,

On the procedure and sources of financing for major repairs of common property in an apartment building,

And other proposals related to such a major overhaul.

Owners of premises in an apartment building no later than three months from the date of receipt of the above proposals, are obliged to consider these proposals and make a decision at the general meeting.

By decision of the general meeting of owners of premises in an apartment building to carry out major repairs of common property in this apartment building, the following must be determined or approved:

1) list of major repair works;

2) cost estimate for major repairs;

3) timing of major repairs;

4) sources of financing for capital repairs;

5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of completed major repairs, including signing the relevant acts.

If, within a three-month period, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not decided to carry out major repairs of common property in this apartment building, the local government body makes a decision to carry out such major repairs in accordance with the regional capital repair program and proposals from the regional operator.

The procedure for financing the costs of major repairs of common property in an apartment building

In accordance with Art. 190 of the Housing Code of the Russian Federation, the regional operator provides financing for the capital repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator.

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

The regional operator may pay as an advance no more than thirty percent of the cost of the corresponding type of work on major repairs of common property in an apartment building, including work on the development of design documentation or individual species works on major repairs of common property in an apartment building.

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

Measures of state support, municipal support for capital repairs

What to do if there is not enough money in the capital repair fund, and the owners of the apartment building have not decided to increase the contribution for major repairs?

In accordance with Article 191 of the Housing Code of the Russian Federation, financing of work on major repairs of common property in apartment buildings, including apartment buildings that are not subject to inclusion in the regional capital repair program in accordance with the regulatory legal act of a constituent entity of the Russian Federation, can be carried out using financial measures support from the federal budget, budget funds of a constituent entity of the Russian Federation, local budget in the manner and on the terms provided for respectively federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.

Measures of state support and municipal support 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.

Quality of work on major repairs of a residential building

The contractor carrying out major renovations of the house must ensure the quality of the work performed in accordance with building codes and rules, as well as in accordance with the resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Norms technical operation housing stock."

The said document lists the requirements for major repairs of residential buildings, and also indicates the parameters and conditions for the safety of people and the safety of a residential building that must be met building construction this house.

Control over the quality of the work performed should first of all be carried out by the person who has entered into an agreement on major repairs (a homeowners' association or a regional operator). In addition, authorized state bodies of housing and construction control have the right to exercise control.

Control of the housing control service

The Construction Supervision and Housing Control Service, according to Article 20 of the Housing Code of the Russian Federation, is authorized to supervise:

formation of capital repair funds;

activities of the regional operator.

Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan. scheduled inspections. There is no time limit for inspections. Unscheduled inspections of regional operators are carried out without the consent of the prosecutor's office and without prior notification of regional operators about the conduct of such inspections.

The owner of a special account is obliged to submit to the state housing supervision authority:

Notification of the method chosen by the owners of premises in the relevant apartment building for forming a capital repair fund;

Information about the receipt of contributions for major repairs from the owners of the premises, about the amount of funds remaining in the special account.

The regional operator is obliged to provide the Service with information about apartment buildings in which the owners of premises form capital repair funds on the account of the regional operator, as well as about the receipt of contributions for capital repairs from the owners of premises in such apartment buildings.

maintains a register of notifications,

maintains a register of special accounts,

informs the local government body and the regional operator about apartment buildings in which the owners of the premises have not chosen the method of forming capital repair funds and (or) have not implemented it.

provides the information collected to the federal executive body.

Powers of government bodies of constituent entities of the Russian Federation on issues of major repairs of common property in apartment buildings

In accordance with Article 167 of the Housing Code of the Russian Federation, government bodies of a constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring timely major repairs of common property in apartment buildings located on the territory of a constituent entity of the Russian Federation, and by which:

1) the minimum amount of contribution for major repairs 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 activities of the regional operator is established;

4) the procedure and conditions for providing state support for major repairs of common property in apartment buildings are approved, including for the provision of guarantees, guarantees for loans or borrowings, 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 capital repair 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 a 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 the payment by the owner of a special account and (or) the regional operator of funds from the capital repair fund to the owners of premises in an apartment building, as well as the procedure for using funds from the capital repair fund for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;

8) a procedure is established for monitoring the targeted expenditure of funds generated from contributions for major repairs and ensuring the safety of these funds.