Effective from January 2018 new order payment of fees for overhaul in apartment buildings in the Moscow region.
Fund for capital repairs of common property apartment buildings(FKR) of the Moscow Region terminated contractual relations with all agents in the Moscow Region. Now the authority to calculate, collect and process contributions has been transferred to a single agent - MosOblEIRTS.
According to Art. 5 hours 22 Housing Code RF, the obligation to pay contributions for overhaul arises from the owners of premises in apartment building after 6 months from the date of inclusion in the regional capital repair program. Contribution to overhaul is part of the rent, told RIAMO in the corporate communications service of MosOblEIRTS.
Minimum size the contribution for overhaul from January 1, 2018 is set at 9,07 rubles per month for 1 square meter total area premises, follows from the decree of the government of the Moscow region of 03.10.2017.
2 Payment via ENP
If MosOblEIRTS has entered into an agreement for the organization of settlements for housing and communal services with management companies serving houses that are included in the regional overhaul program, the service "contribution for overhaul" is included in the monthly single payment document with charges for housing and communal services.
A single payment document (UPC) is a document for payment of utilities provided to citizens, services for the repair and maintenance of residential premises and other services (contributions) provided to citizens as part of the operation of residential premises and common property in apartment buildings.
3 Separate receipt
If an agreement for the organization of settlements has not been concluded between the management company serving an apartment building and MosOblEIRTS, a separate receipt with the line "contribution for overhaul" is sent to residents every three months.
4 Payment methods
Due to the fact that the charge for major repairs is made monthly, those payers who receive receipts every three months have the opportunity to pay the premium for major repairs on a monthly basis.
Owners can pay by their personal account number and details specified in the receipt.
This can be done in several ways:
Through payment services of Sberbank;
Through the "Russian Post".
Also, owners can pay contributions for capital repairs directly to the account of the Capital Repair Fund at the rate of a monthly minimum contribution for one meter of the total area of the premises in the amount of 9 rubles 07 kopecks.
The details of the Fund for payment of the contribution are posted on the official Internet portal of the Fund www.fkr-mosreg.ru in the "Contacts" section, where you can also download a receipt or automatically generate it in the "Personal Account" after registering on the site.
As explained in the corporate communications service MosOblEIRTS, when paying through banking organizations or online services in the "Purpose of payment" section, you must specify: full name of the payer (owner) and the address of the property.
When paying through banking services, a percentage may be charged for the operation.
5 How to get compensation for beneficiaries
The costs of paying contributions to the Capital Repair Fund for privileged categories of citizens are compensated by the social protection authorities. Information exchange has been established between MosOblEIRTS and the social security authorities. Citizens preferential categories Those who have paid the overhaul charges are paid compensations and benefits in the amount established by law.
To receive compensation for overhaul, the following documents must be submitted to the territorial social protection authorities:
1) citizen's passport Russian Federation;
2) insurance certificate(SNILS);
3) a document confirming the ownership of the residential premises;
4) certificate of jointly registered family members; 5) a receipt for payment of the overhaul fee for the previous month;
6) application.
Funds are credited to savings accounts, books, settlement accounts of owners.
Benefits and compensations, as well as their size, are established by the regional government. At the same time, it does not exempt the owner from paying the fees provided for by the law for benefits and compensation.
Last update: 16.03.2019
A receipt for major repairs is sent monthly to every Russian citizen who owns privatized real estate in an apartment building (MKD) without exception. To pay for it or not, what will happen in the second case, as well as many other questions regarding of this payment covered in this article.
To pay or not
The answer to the question - to pay or not for the overhaul of apartment buildings - is contained in Article 158 of the RF LC. Proceeding from it, it is necessary to pay, since the corridors, stairs, elevators, etc. belong to the apartment owners. This property is their common shared ownership... This means that maintaining it in a normal state is the responsibility of the one who owns this property, that is, the residents.
The final point over the "i" in the question - whether it is necessary to pay - was put by the Constitutional Court on March 3, 2016, recognizing that the collection of funds for overhaul is carried out legally.
It is interesting that not only the owners, the actual tenants, have to pay, but also those who do not even live in it. Moreover, receipts for overhaul come not only for residential premises, but also for commercial objects (shops, beauty salons, fitness rooms, etc.), which are located in the apartment building. At the same time, the tariff for all owners in one house (that is an individual, that is legal, that the owner of a residential area, that is commercial) is the same.
But those who rent an apartment under a lease agreement are not required to pay, since they are not the owners. And the obligation to maintain the property in proper condition is assigned to the owner, and not to those who temporarily use it. Another thing is that the owner can include this amount in the total rental price, but such moments are already regulated by contract law and are prescribed in the contract. It is the tenant's right to agree to this or not.
The amount of the overhaul fee
The minimum contribution amount is determined at the level of the constituent entities of the federation, and therefore for each region it is different.
| Region | Size, r / m2 |
| Moscow | 15 |
| Moscow region | 8,3 |
| St. Petersburg | 2,5 |
| Voronezh | 6,6 |
| Tyumen | 20 |
| Kazan | 5 |
| Ekaterinburg | 6,1 |
| Novosibirsk | 5,6 |
| Samara | 5,07 |
| Murmansk | 3 |
| Khabarovsk | 1 |
| Annually, the size of the tariff for overhaul is adjusted (approved again) about which a regulatory act of the regional authorities is issued. | |
The receipt usually indicates the total amount, which is calculated using the following formula:
S = k * n, where k is the coefficient for the region, and n is the number of square meters of total (not residential!) Housing area
Calculation example... Pavlova S.I., living in Kazan, according to the receipt must pay 165 rubles. Its area two-room apartment is 33 sq. m. She decided to check the correctness of the calculation of the contribution, using this formula 33 sq. m. * 5 r / sq. m. = 165 p. This means that the regional capital repair fund has correctly calculated the amount of the contribution.
If she found an error, then in a written application sent to the foundation, she could express her request to recalculate with an indication of the error found. However, since the beginning of the amendments made to the LCD (since 2012), concerning compulsory payment contribution for overhaul apartment building, this practice is not observed. The databases are formed automatically, and therefore, probably no mistakes are made. Or even more likely - citizens are more concerned about another issue - how not to pay for the overhaul at all.
Such receipts are sent by the regional operator (fund), if it is he who collects, distributes and uses funds. If for these purposes the tenants have created their own MKD fund with a specially open account, then their distribution is handled by the organization that manages this MKD. And in this case, the amount of the contribution can be much higher than the established minimum, but only when the homeowners decide this by a general vote.
Sometimes an incident comes out when a meeting of tenants decides to collect contributions for overhaul in an amount greater than the minimum regional tariffs. Of course, there will be owners who disagree, but they are unable to do anything (if 2/3 of the owners of the apartment block voted for such a decision), otherwise incomplete payment threatens with a penalty, which can be collected by the Criminal Code, HOA, etc.
What will happen if you do not pay for the overhaul
Ignoring receipts can cost you dearly in the literal sense of the word:
- according to part 14.1. Art. 155 of the RF LCD, you will have to pay a penalty (fine) to the regional fund for each overdue day in the amount of 1/300 of the Central Bank's refinancing rate.
In Moscow, this fee must be paid by the 20th of the current month for the previous one. In the regions, the terms may be different - it is better to follow this on the official websites of the municipalities.
- a claim may be filed against you to collect a debt for major repairs, then you will have to return not only the debt along with penalties, but also pay legal costs.
This type of payments refers to utilities, and for debts on them, the following sanctions can be applied to citizens:
- a ban on leaving the Russian Federation;
- seizure of property;
- seizure of property.
In practice, the last two are not used, and the first is quite rare.
Usually, utilities, like the regional capital repair fund, like to act by means of "reminders": notifications of the existence of a debt begin to come to the debtor's address, and after about six months of the failure of this event, a subpoena arrives.
In any case, even if your housing is not taken away from you, you still need to pay the fees and preferably on time. Since for every day that is overdue, you will have to pay more and more.
The debt on contributions for overhaul goes to the new owner along with the property, in contrast to the debt for current repairs and maintenance of housing, as well as others utilities(the latter remain the debt of the previous owner). Therefore, be sure to check all utility bills before buying an apartment. Or demand that the seller send a request to the registrar on debts on his own behalf (upon receipt of a response, read it and you will have an accurate and up-to-date understanding of the state of settlements).
Example... D. Kostyanets bought an apartment from V. Drozdov in March 2020. Already in April, as a new owner, he received a receipt for payment of overhaul, which included a debt of 3,454.56 rubles from the old owner. He turned to the regional fund with a request to explain the misunderstanding why he should pay on other people's debts. It was explained to him that he was paying the debt for complementary payments for the property that he had in private property, and does not pay the debt of Kostyants D. He can send his claims to the former owner in civil proceedings, filing a claim for compensation for damage that was caused due to the concealment of information about the existence of the debt by Kostyants. The regional fund refused to “write off” the debt for overhaul.
How can you not pay
The only procedure that will exempt you from paying this fee is deprivatization. That is, when you return property to state or municipal ownership, its overhaul is carried out at the expense of the budget (state or regional). You won't be able to sell it anymore, since you won't be the owner, but you won't pay for the overhaul either.
Also, those who have apartments do not pay for the overhaul:
- in houses recognized as emergency;
- in houses that will become the property of the state or municipality (for example, highways will be laid at this place);
- houses with less than 3 apartments;
- MKD, whose walls, foundation, roof are worn out by more than 70%;
- houses, the cost of overhaul in which is unprofitable and higher than the standard cost (which is set in the region in the form of the marginal price of repairs per 1 sq. m.).
Naturally, owners of individual houses do not pay contributions for overhaul.
If for some time a person paid for major repairs, and then his house was “sentenced” to demolition (and the owners refuse to distribute funds for demolition / reconstruction), he has the right to a refund. At the same time, even those funds that were paid before him by another owner.
Example... As such, which is subject to demolition, the house in which the apartment of Ivanenko G. is located was recognized on 07/01/2016. Until that moment, Ivanenko paid every month for a major overhaul. Before him - until 03/01/2014 - the former owner also paid regularly. Ivanenko turned to the regional fund with a request to return the money paid in the amount of 23,760 rubles to him. Indicating this amount, he proceeded from the fact that the tariff per m2 for Moscow is 15 rubles, which means that for his apartment with an area of 33 m2, he paid 15 * 33 = 495 (p) every month. In total, from 07/01/2012 (from that moment Muscovites began to pay to receive receipts) to 07/01/2016, 48 months were paid * 495 r = 23 760 rubles.
There are situations when payments for overhaul did not come for a long time and the regional fund, realizing about non-payments, requires the owners to pay contributions for previous years and, along with them, the corresponding penalties. If the term of such debts exceeds 3 years, then the owner may not make payment due to the expiration of the limitation period for collection. Regional operator, Management Company, HOA, etc. may require only amounts for periods of up to 3 years.
At the same time, one should not rely on the fact that the owner did not receive receipts and, therefore, there is no reason to pay fees at all. The owner must not only passively wait for receipts, but also track information about contributions on the Internet on the website of the state information system of housing and communal services (https://dom.gosuslugi.ru) or the website of a regional operator (each operator has its own official website and find it simple - in the Internet search engine (google, yandex, etc.), set the phrases: "regional operator", "overhaul" and the name of the region, in the first lines there will be a link to the site) in the registered personal account... There is information about debts, about the amount of monthly payments, about penalties, etc. It is believed that this data is sufficient to fulfill the obligation to pay, and it does not matter whether the citizen uses the Internet or not.
For whom benefits are provided
Benefits in the form of subsidies are provided for low-income individuals. They are applied in accordance with Article 159 of the LC, if the size of public services exceeds the standard of the maximum allowable share of the population's expenses.
From 01.01.2016, by the decision of local authorities, some categories of the population may be fully or partially exempted from paying a fee for major repairs.
The introduction of such a system of discounts is at the discretion of the municipality, that is, this is the right of local authorities, and not their duty.
These discounts do not automatically apply to every citizen representing one of the listed categories. To get it, you need to apply with a written application to the regional capital repair fund and confirm your status with the relevant documents.
Do new houses pay for overhaul
Such an obligation would be the height of absurdity, therefore, the LCD frees owners of real estate in new buildings to pay for overhaul for a period of 5 years from the date of commissioning of the object. But provided that such a house was put into operation after the approval of the overhaul program in the constituent entity of the Russian Federation by the regional authorities (if the house is less than 5 years old, but it began to be operated before the publication of the regional program, then such an exception does not apply, you will have to pay contributions).
New buildings may need current repairs, but for these costs, a separate column is highlighted in the receipt for public services.
The concept of "overhaul" means repairs:
- internal communications (sewerage, gas, water, electricity, etc.);
- the elevator and its shafts;
- roofs;
- basements;
- facade;
- foundation.
For 5 years, these structures, communications and objects cannot wear out to a state in which a major overhaul is required, and therefore it is quite fair that residents of new buildings do not pay a fee during this period.
How long does it take to pay dues
The legislation does not provide for limiting periods for contributions. You need to pay monthly at least the minimum established amount, regardless of whether the house has already been repaired, whether it is required (is it provided for by the regional program) renovation work for future periods, etc.
True, for houses in which the overhaul fund is accumulated on a special account of the HOA, MC, ZhK (not a regional operator) upon reaching the minimum level of the fund for a separate house (this amount is established by the laws of the constituent entity of the Russian Federation) payments can be suspended by the decision of the house owners.
How to find out when the repair will be
On the website of the registrar, as well as in the state information system of housing and communal services, there is detailed information about every house in the region, territory, republic, which is included in the regional overhaul program. If your house is provided for by the program, then information about the repair period (within three years), the types of work carried out and other data will be available. In addition, at least six months before the repair, the regional fund warns about the event and informs the owners of the apartment building the estimated cost, scope of work, etc. The owners discuss this at the meeting and elect a representative from the owners to control the progress and result of the renovation.
If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.
110 comments
The termination of payment begins in the next after the occurrence of one of the above circumstances. In this case, the debts do not burn out, they must be repaid, like all accrued penalties. New buildings, that is, housing recently commissioned, are not on this list. Where did the information about the release of new settlers from the obligation to pay come from? And why exactly five years? To answer these questions, you must carefully read the novelties of the housing legislation. Regional program for overhaul and new buildings Changes in the law adopted in June 2016 oblige the constituent entities of the Russian Federation to form special programs overhaul (article 168 of the ZhK). All apartment buildings available in the region are entered into them, indicating the period of their repair. Residents of a house that got into this program will be required to pay contributions to the appropriate fund.
Do I need to pay contributions for overhaul in new buildings
Well, this does not mean that they will immediately start spending these contributions. Maybe in 5 years it will be needed ... and there will already be savings.
Or does this not work like that? demiurge 0 Quote: Lesinov from 09 November 2016, 12:12:40 Well, this does not mean that they will immediately start spending these contributions. Maybe in 5 years it will be needed ... and there will already be savings.
Important
Or does this not work like that? Unfortunately, not so ... From the moment the house is included in the program, a thorough repair will be charged. And it has already been turned on. And from the new year, bills will get heavier ...
françoise 0 This fee pisses me off so much ... maybe my whole life I will buy apartments in new buildings, with what joy I have to pay for someone's repairs ... no, I certainly understand that the cap.
Are tenants obliged to pay capital repair fees in new buildings
The Main Directorate for Information Policy of the Moscow Region shall ensure the official publication of this resolution in the newspaper “Daily News. Moscow Region ”and placement (publication) on the website of the Moscow Region Government in the Internet portal of the Moscow Region Government.3.
This regulation comes into force on January 1, 2017. 4. Control over the implementation of this resolution shall be entrusted to the Deputy Chairman of the Government of the Moscow Region D.V. Pestov.
Governor of the Moscow Region A. Yu. Vorobyov It turns out that after the inclusion of our apartment building in the regional program, we will be obliged to pay 8.65 rubles / sq. M. / Month. The MO did not make any official concessions (in the form of resolutions) for new buildings. He wants to turn on the new building, he wants not to turn on…. NickMix 0 according to ZhKRF Art.
Should residents of new buildings pay for overhaul?
Federal benefits The laws in force in the Russian Federation provide a benefit in the form of compensation for the costs of paying contributions for the overhaul of common property in an apartment building in the amount of 50% for the following categories of citizens:
- disabled people, participants of the Great Patriotic War;
- war veterans;
- persons awarded the sign "Resident of the besieged Leningrad";
- disabled people of I and II groups, disabled children, citizens with disabled children;
- citizens of the Russian Federation exposed to radiation.
Regional benefits In the Moscow region, regional benefits are established for the payment of contributions for capital repairs in the form of compensation for the costs of their payment.
Contributions for overhaul in a new building
This obligation does not arise immediately, but 8 months after the approval of the program. But the regional law can shorten this period (part 3 of Art.
169 LCD). That is, the first notification of the need to pay the fee may come a month after the house is included in the regional program. Housing construction is being carried out at a rapid pace. Therefore, overhaul programs must be regularly updated.
The law requires this to be done annually (part 5 of article 169 of the LC). New houses put into operation by the date of actualization are included in the new version of the regional program. And apartment owners, accordingly, have the obligation to contribute to the overhaul fund. Deferral from payment of contributions The law does not allow residents to be exempt from participation in the accumulation of funds for the overhaul of the housing stock, but a deferral. It is provided with. 5.1 Art. 170 lcd.
Contributions for major repairs in the Moscow region in 2018 - rates, benefits
Many people ask the question: “Why pay if common property in great condition?!" But from the point of view of legislation, the situation is different. Legislatively, there are only a few cases when the overhaul program does not apply to apartment buildings:
- the structure was recognized as emergency and is awaiting demolition;
- a decision was made on the seizure by the state of the land on which the house stands, and the apartments located in this house;
- the minimum size of the fund on the special account has been reached;
- the region has established a deferral.
Various benefits are provided for individuals such as Chernobyl and large families... The current government does not promise any cancellation of payments to the capital repair fund. Another argument in support of the idea of refusing to pay for the capital repair fund is a guarantee from the developer company.
Is there a charge for overhaul in new buildings that are less than 5 years old?
According to the innovations, according to the decision of the homeowners, the formation of savings for major repairs can be carried out in a targeted manner, for the needs of a particular building. For this, the owners living quarters in MKD you need to perform the following actions:
- by the general meeting of tenants, to decide on the opening of an individual personal account, where money will be transferred to carry out a major overhaul of the building;
- determine the amount of monthly contributions (their amount should not be less than that established in the region);
- appoint a representative who, by the decision of the tenants, will dispose of the funds (this can be the Criminal Code, HOA or the territorial Fund for capital repairs);
- determine the approximate time for the overhaul of common building premises.
The advantages of this method of accumulating funds for the overhaul of the building are obvious.
Payment for overhaul in a new building
According to the Housing Code, regional programs have been created, which contain all the necessary information on the subject. For example, they contain information on the dates and times of the repair work.
It was after the changes in part 5 of Article 169 of the Housing Code of the Russian Federation that homeowners in houses that fell into such programs are required to make payments to the capital repair fund. About who can not pay - read the link. Deferred payment How long will the overhaul fee be charged? The law obliges to make obligatory payments not immediately, but after the time established by the subject of the Federation after the agreement and approval of the program.
ATTENTION! Clause 5.1 of Art. 170 ZhK RF determines the duration of the maximum delay - 5 years.
Russian legislation establishes a requirement for owners of residential premises in apartment buildings (MKD) to pay contributions for the upcoming reconstruction of buildings. The owners are especially outraged by the situation according to which it is necessary to donate money for overhaul in new buildings. The situation is most typical for Moscow, where a lot of housing facilities are put into operation every year. Here, and the size of the contribution for overhaul is higher than the national average. The mayor's office and the developers assure that the buildings are distinguished by an increased level of improvement and comfort, nevertheless, they are required to pay the receipts on time.
Let's try to figure out whether the fees for overhaul in a new building are legal, and also what a new building is. It's funny that some experts acting as legal consultants give an interesting interpretation of the concept itself. They are based solely on the changes in the Russian Housing Code, introduced in 2015. According to these innovations, it turns out that only objects that have been commissioned since mid-2016 are recognized as new.
Agree, it is difficult to see the difference between the two buildings, which were recognized as suitable for occupation on June 30, 2016 and July 1 of the same year. And how to determine the state of buildings in ten, twenty or thirty years? Will they really remain in the same status?
It is easier to follow the dictionary definition, considering a new building object, which is recognized as suitable for operation after the completion of construction. Over the next five years, residents of such a house can enjoy the guarantee provided by the construction company-developer. She obliges the latter at his own expense to eliminate the emerging construction defects.
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However, it is necessary to draw a clear dividing line between the five-year warranty period established by the developers and the mandatory fees from the owners of premises in the apartment building for major repairs.
By acquiring the property of square meters, the owner automatically becomes responsible for the use common property in an apartment building. According to paragraph 1 of Art. 36 ZhK the owners of apartments in MKD have the right to use, as a common shared property:
- service premises that do not belong to apartments, such as staircases in entrances, technical floors, attics, basements, etc.;
- premises designed to satisfy the social, cultural and other needs of the residents of the house;
- roofs, fences, (non) supporting structures, various equipment outside residential apartments;
- the land plot on which the building is built, including all objects that are located on it.
For the use of this1 common shared property in an apartment building, you are supposed to pay for major repairs in new buildings.
Overhaul in new buildings: legal justification
What is the legal justification for contributions for major repairs in a new building, why on earth are tenants apartment buildings obliged to pay for overhaul? The legal basis is the norms of Russian civil law, according to which the ownership of property is inextricably linked with responsibility for it.
The privatization of housing in Russia was welcomed by the overwhelming majority of the population. Citizens now have real estate that belongs to them as property. Article 210 of the Russian Civil Code establishes a clear and rational requirement, securing responsibility for the condition of the property to its owner.
Changes have been made to the norms of Russian housing legislation over time to bring them in line with civil law. Therefore, the requirements appeared that were included in paragraph 1 of Article 169 of the LC. They oblige owners to make monthly contributions to capital repair funds.
In the subsequent paragraphs of Art. 169 explains:
- under what circumstances it is allowed to exempt from payment of expenses for the reconstruction of the building in the future;
- to whom and what compensation can be provided for the costs incurred in connection with payments for the capital renovation of the building;
- in what time frame obligations for payments arise;
- in which case they can be terminated early.
Regarding the collection of funds for the upcoming reconstruction of buildings, the norms of the Housing Code do not distinguish between newly built objects and those that have been in operation for a long time. Unless homeowners in completely dilapidated buildings are usually exempted from payments for major repairs. This benefit is based on the banal economic calculation: it is much cheaper to demolish such a building than to renovate it. Those. overhaul of a building that is in disrepair, obviously, seems pointless, because new construction will require less money.
Do I need to pay for major repairs in new buildings
Are not subject to the requirements of paragraph 1 of Art. 169 ZhK citizens who did not privatize apartments. They continue to live in MKD owned by the municipality and responsibility for the condition of the property is assigned to it.
According to the norms of the housing estate, it is possible to exempt from payment of fees for the capital reconstruction of buildings of the owners of premises in the MKD:
- slated for demolition as dilapidated;
- with 70% or more wear and tear, which leads to an excess of the standard cost of overhaul and makes it unprofitable;
- alienated by the state or municipality, together with the plot of land on which they are located, for socially significant construction (for example, highways or engineering communications);
- where the necessary measures have already been taken by the tenants, without attracting the financial resources of the regional capital repair fund or budgetary funds;
- where the minimum sufficient level of finance on the special account has already been reached, which allows performing work on the existing list. The plenipotentiary meeting decides to suspend the collection of contributions, about which a petition is sent to the regional fund.
There are no other grounds for exemption from payment to the account where money will be transferred to carry out the overhaul of the current new building.
A small delay can be obtained by taking advantage of the temporary backlash provided by clause 3 of Art. 169 LCD. It is allowed to start making payments no earlier than three to eight months from the date of the official promulgation of the regional program covering the capital renewal of this MKD. There is one more exception from this provision, which is more favorable for residents of multi-apartment new buildings.
Clause 5.1 of Art. 170 of the Housing Code of the Russian Federation, it was established that paying for the future reconstruction of an apartment building, which began to be populated after the introduction of the regional program, can begin after the expiration of the period established for such circumstances regulations subject of the Russian Federation. It can cover a period of up to five years.
Hence the false statements that there is no need to pay anything for major repairs in new buildings during the first five-year plan. In clause 5.1 it is stated that the regional deferral does not go beyond the five-year period. And they begin to count it from the moment the MKD is included in the program operating in the region. However, no one will interfere with the authorities at the regional level:
- to approve new program modernization of the housing stock instead of updating the existing one;
- provide the deferment referred to in paragraph 3 of Art. 169 LCD, i.e. three to eight months (no more) to raise more funds for the capital reconstruction of residential buildings.
When and for what to pay
The meeting of owners will make a decision by itself, having decided where to transfer funds. It is required to accept it a quarter before the collection of monthly installments for overhaul in new buildings begins. It will be carried out according to the established list of works.
It is clear that in new houses that have barely entered the use of tenants, the need to donate money that will be needed in three decades is perceived painfully by tenants. Based on current prices, the cost of work per square meter of total area in an apartment is five to six thousand rubles.
The collected funds will be spent on putting in proper order the premises, plots and structures located outside the apartments:
- facade and foundation;
- attics and basements;
- communications, elevator equipment, etc.
It seems rational to collect this amount gradually. The final decision on the cost of the upcoming modernization of a separate MKD allows drawing up a project that takes into account:
- what is the technical condition of the building;
- equipping it with lifts and various supporting and non-supporting structures, mechanisms, etc.
Is it possible to change or add the type of repair work
The question of fees for updating the state of the building is not in the sense of paying or not, but:
- when to start collecting;
- rent at a minimum or more in order to carry out repairs of a new building earlier than planned or in a larger volume.
The meeting, having familiarized itself with the proposed list of proposed operations in the framework of the overhaul, received from the territorial operator, may approve it unchanged. However, during the discussion, additional suggestions may arise. Naturally, it is possible to carry out additional work only if there are sufficient funds raised by the tenants.
So that the proposed changes for the performance of certain works during major repairs are acquired legal force, you will need to make an appropriate decision on general meeting... A copy is sent to the territorial operator forming the overhaul fund. Without sending a copy of the decision, residents of the MKD express their full agreement with the proposed list of works.
How to pay for a major overhaul
The monthly payment goes to a special trust fund, the funds of which are directed to the implementation capital reconstruction buildings. How to form it, in accordance with paragraph 3 of Art. 170 LCD, the meeting of the owners of the premises decides:
- transfer to the operator, created by the decision of regional authorities;
- open a new special account.
How tenants pay:
- by receipts at bank or post offices, or remotely;
- by bank transfer using personal accounts.
Having found that some data in the received receipt is distorted or incomplete, the payer sends a statement to the regional operator about the need to make changes. If it is necessary to correct the data on the area of the premises, a copy of the certificate confirming the ownership of the property, where the correct numbers are indicated, is attached to it.
Is it possible not to pay
No matter how annoying the need to deduct money for a very distant overhaul for new buildings, the owners of premises who have moved into new houses have to pay.
For a certain time, as a rule, three to eight months, or even three to five years, confusion can reign or deferrals are provided at the regional level, but the deductions will have to be fulfilled.
Refusing to pay incoming receipts for overhaul, the owner of the premises forms a debt, as well as for other utility payments. If the creditor considers it significant enough, then he will make efforts to collect in judicial procedure... You will have to not only pay the accumulated amount, but also the penalty. It is charged in accordance with the requirements set out in clause 14.1 of Art. 155 LCD. The amount for each overdue day will be 1/300 of the refinancing rate of the Central Bank of the Russian Federation, established on the day of repayment of the debt.
Further neglect of the obligation to pay overhaul receipts may result in harsher court decisions:
- to seize property and sell it at auction in order to pay off the debt;
- to seize property;
- prohibit travel outside the Russian Federation until the debt is repaid.
Can take initiative when performing judgment and bailiffs, having established for some time its own control over the implementation of the corresponding payments by the former debtor.
What you can definitely not be afraid of when you accumulate a debt on deductions for major repairs, is that the apartment will be taken away for the apartment debts. The amounts owed are incommensurable with market value housing, and, most importantly, it belongs on the basis of property rights, which makes compulsory alienation impossible.
Deferral of contributions for overhaul
Achieve a three to eight month delay in making contributions for overhaul in new buildings, provided for in paragraph 3 of Art. 169 LCD, not difficult. As for a longer time, during which the tenants of the new house will not pay such a fee, as provided for in paragraph 5.1 of Art. 170, then certain legal conflicts arise here.
Despite the fact that the regional programs were approved and officially published before the MKD was put into operation, the rule on the duration of the deferral for a period of up to five years applies only to buildings handed over by developers after the changes to the housing estate entered into force. It turns out that it is not applied to facilities built before 2016. In a couple of years, there will be nothing to argue about, since only buildings that were erected in 2016 and in subsequent years will be recognized as new buildings.
So far, in order to achieve postponements, the owners of premises in the apartment building have to achieve mutual understanding with regional operators of capital repair funds or try to defend their interests in court.
Home renovation tax
The owners of premises in MKD perceive the need to deduct contributions for overhaul in new buildings in two ways:
- It is easier to collect a large amount gradually, and not in a hurry, when the time comes to start repair activities.
- In the new building, developers will remove deficiencies during the five-year warranty period. So why rush to collect payments if the property is already maintained in proper condition all this time?
Many regional capital fund operators are over-zealous in levying, such that they have even been dubbed a tax. How justified are the claims of people who settled in newly built houses in relation to the amounts appearing in bills can be judged from the video.
Of course, in Russian tax legislation there is no tax on overhaul, such fees apply to utility bills. You have to pay them, but it turns out that the owners of premises in new buildings have to give money for decades to come. There is no certainty that the funds transferred will be sufficient when the promised day of overhaul comes. Therefore, payment of the receipt for the upcoming (no one knows when it will come) overhaul is perceived as a tax. Money goes and is spent in such a way that it is difficult for the payer to trace.
Conclusion
Charging payments for overhauls in new buildings is a problem that requires attention from the state. Yes, it is necessary to collect money for such a purpose, few people deny it. However, the overhaul in the new building will begin no earlier than in 2046, unless, of course, the owners of the premises in the MKD collect the required amount before this deadline.
The responsibility for the condition of the property imposed on the owner of the premises in the MKD by Article 210 of the Civil Code is placed under the control of regional operators of capital repair funds. They set a minimum level of deductions, the validity of which is not always obvious. And the authorities of the constituent entities of the Russian Federation do not always meet halfway towards the tenants of new buildings regarding the provision of reasonable delays in the implementation of fees.
