- Explaining the law
- Do I need to pay maintenance fees for new buildings? Are the fees legal, and do tenants have to pay a capital repair fee if the house is new and less than 5 years old?
- Do residents of new buildings have to pay for major repairs?
- Capital repairs in a new building legislation 2015
- Residents of the Ural new buildings were exempted from contributions for overhaul
Clarifying legislation until 2018? What benefits and preferential categories of citizens are provided for by federal law for this type of payment? Answers the assistant prosecutor of the city of Kursk Pyatnitskaya M.A. In accordance with Part 1 of Art. 169 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to pay monthly contributions for the overhaul of common property in an apartment building, with the exception of cases provided for by the Housing Code of the Russian Federation.
Payment for the overhaul of new buildings: important points
Attention
For example, for St. Petersburg, the address of the page with the form is as follows: http://fkr-spb.ru/house After the expiration of the term, the owners at the general meeting by voting determine the management company that will deal with the preparation for the overhaul.
Info
When and for what to pay Overhaul in an apartment building will cost about 5,000-6,000 rubles per square meter.
square meter of each apartment. Consequently, the monthly fee for Moscow is about 15 rubles.
per sq. meter, for
Voronezh 6.6 rubles. per square, for Tyumen 20 rubles. With the expectation that the required amount will accumulate over 30 years.
The amount of contributions for the overhaul of apartment buildings is calculated according to the formula: S apartments (in sq.
m) *for the established amount of payment (per sq. meter) The amount may vary depending on the availability of an elevator and the age of the building.
The final amount is calculated separately for each house on the basis of the project and the survey of the technical condition.
Is there a refurbishment fee for new builds that are less than 5 years old?
Important
Is it possible to change or add a type of repair work If in the house, in addition to those indicated in the list of works, you need to add another type of repair or change from one type to another.
To do this, it is necessary at the general meeting of owners to decide on the need for these works.
After that, a copy of the decision is sent to the overhaul fund. The owners either agree with the specified types of work included in the notification from the regional operator, or make their own adjustments. If the claims are not sent in writing, the owners are considered to have agreed with the list determined by the municipal authorities. If at the meeting of owners the amount of fees for overhaul is determined, which is more than the minimum, they may require the performance of additional services (Article 170 of the LC RF).
How to pay for the overhaul Many people ask how to pay for the overhaul of apartment buildings.
Do I need to pay maintenance fees for new buildings?
Which houses are considered new buildings According to the changes made to the Housing Law in 2015, a new building is considered a house put into operation after July 1, 2016.
The developer gives a guarantee for the construction of 5 years. During this period, he is fully responsible for the object.
It is obliged to repair the premises in the presence of construction defects in it, breakdowns of elevators, leaks of communications, etc.
In this case, the question arises, from what time to pay for the overhaul of new buildings. The developer's warranty obligations and the overhaul fee in a new house are two different, unrelated concepts. According to the Housing Code, residents of new buildings are required to pay fees for expensive major repairs, although they will not be needed soon.
Different regions establish by law their own deadlines for the period for calculating contributions after the house is put into operation.
Do I need to pay fees for major repairs in a new building
The decision made by the administration cannot be canceled, therefore, if you receive a refusal, do not despair, but rejoice at the opportunity to start forming the overhaul fund ahead of time. Deferment cannot be received by those buildings, the service life of which has exceeded five years. In this case, the overhaul fee is charged in any case, since there is a concept of depreciation in housing legislation. If you are a resident of a new building, then you will certainly be able to protect your rights and finances without any problems. Fortunately, legislation in the field of housing law is gradually moving into the right direction and becoming streamlined.
Do I need to pay for overhaul: the realities of 2018 for residents of Russian high-rise buildings
So, at this meeting, issues that relate to the fund for collecting contributions for overhaul, as well as the need for future work, should be resolved.
If tenants do not want to spend money on major repairs and believe that their house is in excellent condition, then they are contrary to article 168 of the LCD, which refers to the obligation of all citizens to make these payments.
Do I have to pay for major repairs in a new building? Living in a new house, care must be taken in choosing a managing organization. It can have a variety of organizational and legal forms - a homeowners association, a management company, and so on.
This body is necessary to be responsible for the maintenance of an apartment building, carry out seasonal work, and also draw up a plan for future major repairs.
Contributions for capital repairs in a new building
Which houses are recognized as new buildings Let's see which houses are new buildings? Do I need to pay for major repairs if the house is new, up to 5 years? It doesn't matter what the house looks like, what its communications are, and what its infrastructure is. The most important thing is the deadline. In accordance with the amendments made to the Housing Code in 2015, a building that was commissioned after July 1, 2016 is recognized as a new building. Today, housing legislation is not very streamlined and is undergoing a stage of constant change.
Therefore, a situation is very common when in some houses that have just been commissioned, payments for major repairs come all the time, and in some they do not come at all.
Residents, not knowing how, and not wanting to use the law, either regularly pay contributions for major repairs in new buildings, or are groundlessly indignant.
Capital repairs in a new building legislation 2018
It says that if the house got into the program after its approval, during the next update, then the law of the subject of the start date for collecting contributions may be postponed. The maximum possible period for such a delay is five years.
But not from the moment the house was handed over, but from the date the house was included in the last version of the program.
Maximum possible does not mean mandatory. The authorities of the subject may well decide that it is possible to start collecting funds for overhaul after three or one year.
Or even in the month that comes after the approval of the program.
It does not contradict the housing code. The period of five years was not chosen by chance.
This is the minimum warranty period that is provided for a new building. (part 5 of article 7 of Law No. 214-FZ). If during this time there are shortcomings in the house that require major repairs, then most likely they will be associated with construction defects.
The residents of the Samara Region were the most fortunate: part 6.1 of Article 8 of the Law of the Samara Region dated 06/21/2013 No. 60-GD "On the system of major repairs of common property in apartment buildings located on the territory of the Samara Region" (as amended by the Law of the Samara Region dated 01/11/2016 No. 9-GD), the maximum grace period is 5 years. Useful video This story will help you clarify the situation about the rights and obligations of homeowners in new buildings: In conclusion, we can conclude that the happy owners of new apartments are required to make payments to the capital repair fund, just like all other apartment owners. With regard to deferred payments, this right is granted to the regional authorities. The delay period is assigned individually in each case.
Do I need to pay for overhaul if the house is new up to 5 years
Some apartment owners, when viewing payments, the question arises whether it is necessary to pay for major repairs if the house is new up to 5 years old. This dilemma remains a serious one, as there is Article 168 of the LC, which specifies mandatory regular transfers. Externally, the excellent condition of the building indicates that there is no need for maintenance. Table of contents
- When to start paying for the overhaul of new buildings?
- Developer's guarantee
- The house was handed over after July 1, 2016
- Regional conditions
- How is the need for payments for overhaul determined?
- Can the deadline be changed?
- Do management companies always cheat?
When to start paying for the overhaul of new buildings? Mandatory payments for overhaul are discussed by all residents of apartment buildings.
They see large sums in front of them, but they understand that they are obliged to pay, so they often transfer money meekly.
If the owners have decided that the account accumulates funds in a larger amount than established by the authorities, the money can be spent on types of work not specified in federal standards.
However, it is useful to understand which works will be current and which can be paid for by the fund. Read in a separate article on the differences between the two types of repairs that are significant for owners.
How many years after enrollment in the program do major repairs charge? Federal and regional law
Housing related legislation underwent some changes in June 2016. These changes affected the procedure for the formation of special programs, including charging fees for major repairs from a house with a service life of up to 5 years.
Good afternoon dear friends. In this article, we will talk about a very important issue that has been troubling the whole country for several years now: contributions for major repairs. It is especially insulting to pay residents in new buildings: they have to wait at least 20 years for a major overhaul, and the money needs to be paid now.
And the money is not so small: for an apartment of 45 square meters in different regions, you need to pay from 100 to 700 rubles a month. So people ask themselves the question: should I pay for the overhaul of an apartment building? Most importantly, if you do not pay, what will be the sanctions? Let's figure it out.
Where does the money go
Article 169 of the Housing Code (LC) of the Russian Federation states that the owners of residential and non-residential premises are required to pay contributions for major repairs. Only residents of emergency houses subject to demolition and residents whose land under their houses should be withdrawn by decision of local governments do not pay these contributions. If the house is new, its residents also do not pay contributions for the first 5 years, but according to the changes in the Housing Code of the Russian Federation made in 2015, a house put into operation after July 1, 2016 is recognized as a new building.
And there are such conflicts: they handed over the house on June 29, 2015 - the tenants pay for the overhaul, handed over on July 2 - no longer. And the houses are of the same age, whatever one may say. And if the house is not commissioned, then the payment to the overhaul fund will begin 5 years after the date it was put into operation.
It is easier for homeowners in houses that are managed by an HOA or TSN to agree to this payment: they have previously collected money to repair an elevator or roof. It’s just that in the past, most often it was a target collection: an estimate was made for repairs and the amounts were distributed among apartments depending on the area.
Then, during a certain period, the necessary amount was collected, and repairs were carried out. Or a bank loan was taken to carry out the work, and then the tenants slowly paid it off. Now the contributions are transferred to a special account of the house and they can only be used for major repairs of the same house.
Account for home or regional operator
For houses managed by a management company (MC), everything is different. There, money is most often collected on the account of a regional operator. In order for contributions to be collected on the account of the house, it is necessary to hold a general meeting of homeowners. Then remember when was the last time you attended such a meeting? The answer for most owners is never. The management company does not bother with holding meetings and independently makes those decisions that are convenient for it.
And really, why extra work: open an account, do reports on it, and, God forbid, they will ask you to do repairs. But it’s good: the money is somewhere far away and the repair for you, dear residents, is only on schedule, go and look at it on the website of the local administration and don’t fool us.
The regional operator is such a large structure under the local administration that unites all the houses in the region, draws up a schedule for the priority of overhaul of the house indicating the list of works, concludes a work contract with the contractor, monitors the quality of work and the timing of its implementation.
You will also have to pay, even if you do not have an agreement with a regional operator. Promptly introduced amendments to article 181 of the LC RF state that the owners themselves are to blame for not making a decision on the method of forming the fund and are required to pay contributions.
Home, my sweet home
Now you understand what an ambush this is: there are thousands (if not millions) of houses in the region, and by the time it comes to your house, it may be too late for the house. Yes, and living with a leaky roof and a frequently breaking elevator is not very pleasant. But if you rush to agitate the neighbors to hold a general meeting, then do not rush, you are already late: you can open an account only within 60 days from the date of the adoption of the regional program for major repairs. And the program for all regions was adopted back in 2014-2015. And a loophole has been left for apartment owners whose houses are not yet included in the program.
Some categories of citizens are provided with benefits on contributions for overhaul. In particular, this applies to families with many children and families with a disabled child, veterans of labor and military operations, rural teachers and pensioners over the age of 70. A complete list of beneficiaries is best studied on the website of the local administration.
We have already found out that contributions for major repairs are mandatory. Article 155 of the Housing Code of the Russian Federation notifies that debtors can be subjected to such measures as prosecution, then arrest, followed by seizure of property, as well as a ban on crossing the border of the Russian Federation. The debt collection procedure goes in three stages: first, several notifications about the need to pay off the debt, then a lawsuit.
You will definitely lose the court, and in addition to the amount of debt, a penalty in the amount of one three hundredth share for each day of delay, as well as a fee for enforcement proceedings in the amount of 7% of the amount of debt, will be added. But if the owner decides to sell his apartment, all his debts will pass to the new owner.
To pay or not to pay - that is the question
Many legally savvy citizens pay attention to the fact that capital repairs cannot be considered payment for utilities, since these services have not yet been provided. And the name - contributions - suggests that these payments should be voluntary, and the payments themselves go to a special fund, and not to a mighty army of officials who once again inflated their apparatus for our money. In addition, there are no guarantees, primarily from the state, that the money will not be plundered or spent on other than targeted tasks.
And who are the judges?
Many have heard or read about the Resolution of the Constitutional Court of the Russian Federation dated April 12, 2016 in relation to some articles of the RF Housing Code relating to major repairs. And immediately they began to shout that the court was on our side and contributions for overhaul could not be paid. And the court only explained that these contributions are not tax. And the overhaul of houses, which was required at the time of the introduction of contributions, the municipality must carry out in the first place and at its own expense.
The order of placing houses for major repairs can be challenged in court. The program itself should be transparent, and control over the spending of funds from the common pool should be provided by the local administration.
And let's do some more math: our house is included in the capital renovation plan in 2033. The total living area of the house is 9341 m2. The amount of the contribution is 7.5 rubles per m2 (our municipality decided so). So, we multiply: 7.5 * 9341 * 12 months. = 840 690 rubles. The tenants of our house pay this amount for a year. We pay from 2015 to 2033: 18 years in total. Before the start of the overhaul, our house will collect for the overhaul: 840.7 * 18 = 15.1 million rubles.
And they plan to repair the elevators and the roof. Probably covered in gold. Most of all, people are outraged precisely by this discrepancy between the amount of funds raised and the cost of the planned repairs.
In Soviet times, the state, represented by the local administration and the ZhEK, dealt with major repairs. It was also the owner of the apartments. In order to relieve ourselves of this burden, we were first lured into privatization, then forced to pay for major repairs. Everything is logical, if it were not for our pockets.
With that, let me say goodbye. It seems that the conversation is not over yet, so subscribe to new interesting and topical articles on our site and give links to them to your friends and relatives on social networks.
For residents of new houses, payment holidays will be introduced for a period of 3 to 5 years - during this period (the exact duration will be established by the regional authorities) they will not have to pay for major repairs. As Izvestia found out, the relevant items were added this week to the set of amendments to the Housing Code, prepared by the Ministry of Construction. The State Duma Committee on Housing Policy and Housing and Public Utilities has already considered them and recommended them for adoption in the second reading.
The term of payment holidays will be from 3 to 5 years. The exact duration will be independently determined by the subjects of the Russian Federation, but 3 years is a minimum. So, new houses that were put into operation after the start date of the regional overhaul program will be exempted from paying for overhaul, - said Pavel Kachkaev, deputy chairman of the State Duma committee on housing policy and housing and communal services.
At the moment, residents of new buildings have to pay for major repairs on an equal basis with everyone else.
We have often received complaints about this. The house has just been built, and it is not clear to people why they should immediately pay for its repair, - says Svetlana Razvorotneva, executive director of NP ZhKKH-Control.
She explained that for new buildings there is a warranty period during which the developer is engaged in repairs.
Terms vary, but the average is 3 years. This explains the similar period of prescribed holidays. Therefore, for example, the same holidays are not provided for houses that have recently been renovated - after all, when repairing an old house, there is no one to do free warranty repairs. There were similar proposals, but they were rejected, - said Razvorotneva. - Of course, there are cases when the guarantee period covers the payment holidays, and the house was put into operation before the start of the program - in such situations, residents will still have to pay for major repairs. These houses are already included in the regional overhaul programs. The amendments will only help citizens whose houses are just now being commissioned.
Indeed, it was worth adding these amendments, - said Igor Shpektor, President of the Union of Cities of the Arctic. - The very idea of paying for capital repairs has many opponents. I do not support them, I think that collection of payments is necessary, but for houses that are in good condition, it can be postponed until 2020. Another thing is that it is unfair that tax holidays are provided only for a narrow circle of citizens. It is not clear why the residents of the house, which was put into operation six months before the start of the overhaul program, should already pay or the citizens who have already carried out the overhaul at their own expense. But I'm afraid that nothing can be done here and the amendments will come into force in this form.
Amendments are being made to the bill amending the Housing Code, which was introduced by the Duma Committee on Housing Policy and adopted in the first reading back in September 2014. The bill regulates a wide range of issues related to housing and communal services. For example, it establishes the procedure for holding meetings of homeowners, the responsibility of public utilities for the provision of poor-quality services and an increase in penalties for late payment of housing and communal services. The last paragraph was removed from the new edition.
In addition, the amendments to the second reading stipulated that contractors for repairs can only be selected on a competitive basis, through tenders that are announced on the Internet. Previously, purchases from a single contractor were allowed, without bidding; as Kachkaev explained, the wording was clarified in the new edition, prescribing that purchases should be made on a competitive basis. Razvorotneva says that so far there have been no complaints from residents about the quality of repairs.
The situation is twofold. On the one hand, non-transparent procurement does create opportunities for corruption. On the other hand, there are many sad examples when non-professional companies win competitions, knocking down prices, which ultimately affects the quality of work, she noted.
Kirill Kabanov, Chairman of the National Anti-Corruption Committee, recalled that the introduction of such procedures is necessary, since housing and communal services and construction are one of the main areas for combating corruption.
Shpektor sharply negatively spoke out against the idea of introducing electronic trading.
I am against the idea of electronic trading. As a result, contracts fall into the hands of random companies that simply offered a low price, and the authorities, on the contrary, have no choice - and they have to give the contract to them. And then there will be no one to ask. When I was the mayor of Vorkuta, I worked only with proven teams that have already proven themselves well. I knew what to expect from them, and could rely on them, - said Spector.
Kabanov acknowledged that the problem of unprofessional companies cutting prices is also acute.
Unfortunately, this practice is widespread. There are dumping professionals, after the conclusion of the contract they often fall apart, and the contract is broken. This can be avoided if you take a responsible approach to drawing up a contract, prescribe clear requirements for companies, add requirements for financial guarantees from the supplier, Kabanov believes.
Payment for the overhaul of the housing stock was assigned to the tenants in December 2012, then amendments to the Housing Code were adopted. Owners are obligated to pay contributions for overhaul after the approval of the regional overhaul program. Regional overhaul programs and tariffs have been approved by all regions (with the exception of the Crimean Federal District), and in most of them fees have been charged since the beginning of 2014. On average, monthly payments are 6-7 rubles per 1 sq. m. m, but, for example, in the Leningrad region, the rate is one of the lowest in Russia - only 2 rubles per 1 sq. m. m. In Moscow, the payment will be 15 rubles (money collection will begin in July 2015), in the Amur Region - 20 rubles, and in the Khanty-Mansiysk Autonomous Okrug - from 8.55 to 15.5 rubles, depending on the type of house.
Which houses are recognized as new buildings Let's see which houses are new buildings? Do I need to pay for major repairs if the house is new, up to 5 years? It doesn't matter what the house looks like, what its communications are, and what its infrastructure is. The most important thing is the deadline. In accordance with the amendments made to the Housing Code in 2015, a building that was commissioned after July 1, 2016 is recognized as a new building. Today, housing legislation is not very streamlined and is undergoing a stage of constant change. Therefore, a situation is very common when in some houses that have just been commissioned, payments for major repairs come all the time, and in some they do not come at all. Residents, not knowing how, and not wanting to use the law, either regularly pay contributions for major repairs in new buildings, or are groundlessly indignant. But are the actions of local governments that charge a fee for the overhaul of a new building legal? There are a lot of nuances to consider when it comes to capital repairs. When does the payment for major repairs in new homes start? Sometimes a situation arises when the house was commissioned before July 1, 2016. But in the next five years, the building is under a guarantee from the developer, which means that in the event of any breakdowns in the common property, the developer will eliminate the malfunctions without the help of management organizations, and even more so - the overhaul fund. It is in view of such situations that citizens refuse to pay for major repairs because of its uselessness. If the house was commissioned before July 1, 2016 and does not have a guarantee, then the tenants need to hold a meeting. So, at this meeting, issues that relate to the fund for collecting contributions for overhaul, as well as the need for future work, should be resolved. If tenants do not want to spend money on major repairs and believe that their house is in excellent condition, then they are contrary to article 168 of the LCD, which refers to the obligation of all citizens to make these payments. Do I have to pay for major repairs in a new building? Living in a new house, care must be taken in choosing a managing organization. It can have a variety of organizational and legal forms - a homeowners association, a management company, and so on. This body is necessary to be responsible for the maintenance of an apartment building, carry out seasonal work, and also draw up a plan for future major repairs. Only having the chosen organization as a manager, as well as a capital repair fund, issued in a commercial or non-profit structure, can we talk about putting the house in line for a major overhaul. In accordance with the law, this can be done after 3 to 5 years from the date of delivery of the house. That is, if the house was commissioned on July 1, 2016 and falls under the law on exemption from payments for major repairs, then you can carry out repairs only in 2019. If you are wondering: do we have to pay for major repairs if our house is under 5 years old, keep in mind that each region and subject has its own regional legislation, which determines how long after delivery is free from obligation to make contributions for a major overhaul. For example, in the Saratov region exempt from such payments for a period of 3 and a half years. By the end of this period, the tenants at the meeting prepare for the upcoming payments and decide in which structure to form a fund. Is it legal? Despite the changes that came out due to the fact that there were no payments in the first years after the house was commissioned, some management organizations continue to accrue these payments in new buildings. Many organizations responsible for the repair and maintenance of the house thus form the so-called “control cushion” in case the deadline for the subject’s legislation expires, and the house breaks down - immediately get in line for overhaul. But many collect these payments illegally, thereby lining their pockets. Often this is done by unscrupulous management organizations. Only the law of the subject may permit the collection of payments before the due date in connection with special cases, for example, if it turns out that the new house has a major drawback. Also, tenants can collect payments from the owners themselves even before the deadline is reached. This is done in order to form a public repair fund as early as possible in case of unforeseen breakdowns. Pay or not? If payments are accrued on receipts without the decision of either tenants at a general meeting, you may not pay, but only on the condition that your house is still a new building. This action by the management organizations is illegal. To understand whether you need to pay for major repairs for a new home, also be sure to familiarize yourself with the legislation of the subject. Find articles that are responsible for the numbers and dates when utility bills can be set for the first time for a new building. If the terms of payments for utilities are accrued on time, then make deductions. If the payment for major repairs in the new building was appointed at a time when it could not be charged in principle, then be sure to notify the administration and law enforcement agencies about this. Fraudsters must be punished. Is it possible to get a deferment? It often happens that the deadlines set by the state do not suit the tenants. For example, in accordance with the regional law of the Tula region, the overhaul fee begins to accrue three years after the delivery of the house. But the construction was given a five-year guarantee from the developer, so the residents do not see the point in paying ahead of time for a major overhaul in the new building. Similar situations occur everywhere, but unfortunately, not all tenants are ready to thoroughly understand the laws and time frames established by federal or regional legislation. How to be in such a situation? If tenants are confident that they will not need to do major housework in the next few years, they can ask for a deferment. This decision should be discussed at a general meeting of homeowners. If all tenants vote for a deferral of payments for major repairs, then they will certainly meet with the administration. An application on behalf of all residents is submitted to the local administration, where it is considered by the commission on housing issues. After the condition of the house is assessed, and the arguments of the residents are taken into account, either a refusal is written in relation to the request of the owners of the premises in an apartment building, or a delay is issued. The decision made by the administration cannot be canceled, therefore, if you receive a refusal, do not despair, but rejoice at the opportunity to start the formation of a major overhaul fund ahead of time. Deferment cannot be received by those buildings, the service life of which has exceeded five years. In this case, the overhaul fee is charged in any case, since there is a concept of depreciation in housing legislation. If you are a resident of a new building, then you will certainly be able to protect your rights and finances without any problems. Fortunately, legislation in the field of housing law is gradually moving into the right direction and becoming streamlined. Let's hope that very soon the deadlines for the first installment after the delivery of the house will be set not by each region, depending on its desire, but by a single state body and the relevant law.
Let's see what houses are new buildings? Do I need to pay for major repairs if the house is new, up to 5 years?
It doesn't matter what the house looks like, what its communications are, and what its infrastructure is. The most important thing is the deadline.
In accordance with the amendments made to the Housing Code in 2015, a building that was commissioned after July 1, 2016 is recognized as a new building.
Today, housing legislation is not very streamlined and is undergoing a stage of constant change.
Therefore, a situation is very common when in some houses that have just been commissioned, payments for major repairs come constantly, and in some they do not come at all.
Residents, not knowing how, and not wanting to use the law, either regularly pay contributions for major repairs in new buildings, or are groundlessly indignant.
But Are the actions of local governments that charge a fee for the overhaul of a new building legal?? There are a lot of nuances to consider when it comes to capital repairs.
When does the payment for major repairs in new homes start?
Sometimes a situation arises when the house was commissioned before July 1, 2016. But in the next five years, the building is under warranty from the developer, which means that in the event of any breakdowns in common property, the developer will eliminate the malfunctions without the help of management organizations, and even more so - the capital repair fund.
It is in view of such situations that citizens refuse to pay for major repairs because of its uselessness.
If the house was commissioned before July 1, 2016 and does not have a guarantee, then the tenants need to hold a meeting.
So, at this meeting, issues that relate to the fund for collecting contributions for overhaul, as well as the need for future work, should be resolved.
If tenants do not want to spend money on major repairs and consider that their house is in excellent condition, they contradict Article 168 of the LC, which refers to the obligation of all citizens to make these payments.
Do I have to pay for major repairs in a new building? Living in a new house care must be taken in choosing a management organization. It can have a variety of organizational and legal forms - a homeowners association, a management company, and so on.
This body is required to be responsible for the maintenance of the apartment building, carry out seasonal work, and draw up a plan for future major repairs.
Only having the chosen organization as a manager, as well as a capital repair fund, issued in a commercial or non-profit structure, can we talk about putting the house in line for a major overhaul.
In accordance with the law, this can be done after 3 to 5 years from the date of delivery of the house. That is, if the house was commissioned on July 1, 2016 and falls under the law on exemption from payments for major repairs, then you can carry out repairs only in 2019.
If you are wondering: do we have to pay for major repairs if our house is under 5 years old, keep in mind that each region and subject has its own regional legislation, which determines how long after delivery is free from obligation to make contributions for a major overhaul.
For example, in the Saratov region exempt from such payments for a period of 3 and a half years.
By the end of this period, the tenants at the meeting are preparing for upcoming payments and decide in what structure to form a fund.
Is it legal?
Many organizations responsible for the repair and maintenance of the house, thus forming the so-called "control pad" in the event that the time allotted by the legislation of the subject expires, and a breakdown occurs in the house, immediately stand in line for a major overhaul.
But many collect these payments illegally thereby lining his own pockets. Often this is done by unscrupulous management organizations.
Only the legislation of the subject can allow the collection of payments before the due date in connection with special cases, for example, if it turns out that the new house has a major drawback.
Also tenants can collect payments from the owners themselves even before the deadline expires. This is done in order to form a public repair fund as early as possible in case of unforeseen breakdowns.
Pay or not?
If payments are accrued on receipts without the decision of either tenants at a general meeting, you may not pay, but only on the condition that your house is still a new building. This action by the management organizations is illegal.
To understand whether you need to pay for major repairs for a new home, also be sure to familiarize yourself with the legislation of the subject. Find articles that are responsible for the numbers and dates when utility bills can be set for the first time for a new building.
If payments for utilities are accrued in a timely manner then make payments.
If the payment for a major overhaul in a new building was appointed at a time when it, in principle, could not be charged, then be sure to notify the administration and law enforcement agencies about this.
Fraudsters must be punished.
Is it possible to get a deferment?
It often happens that the deadlines set by the state do not suit the tenants. For example, in accordance with the regional law of the Tula region, the overhaul fee begins to accrue three years after the delivery of the house.
But the construction was given a five-year guarantee from the developer, so the residents do not see the point in paying ahead of time for a major overhaul in the new building.
Similar situations are found everywhere, but unfortunately, not all tenants are ready to thoroughly understand the laws and time frames established by federal or regional legislation.
How to be in such a situation? If tenants are confident that they will not need to do major housework in the next few years, they can ask for a deferment.
This decision should be discussed at a general meeting of homeowners.
An application on behalf of all residents is submitted to the local administration, where it is considered by the commission on housing issues.
After assessing the condition of the house, as well as taking into account the arguments of the residents, in relation to the request of the owners of premises in an apartment building either a refusal is written, or a delay is issued.
The decision made by the administration cannot be canceled, therefore, if you receive a refusal, do not despair, but rejoice at the opportunity to start forming the overhaul fund ahead of time.
Deferment cannot be received by those buildings, the service life of which has exceeded five years.
In this case, the overhaul fee is charged in any case., since in housing legislation there is a concept of depreciation.
If you are a resident of a new building, then you will certainly be able to protect your rights and finances without any problems. Fortunately, legislation in the field of housing law is gradually moving into the right direction and becoming streamlined.
Let's hope very soon the terms until the first installment after the delivery of the house will not be established by each region, depending on its desire, but by a single state body and the relevant law.
