Repair helps to extend the existence of a building in safe for life and work. He is divided into:
- current;
- capital.
Implies under it a set of measures that are aimed at restoring the initial state of the object.
Technical conditions for such work
Under the TUKR (technical conditions) is meant a document based on the requirements for establishing defects of a building or structure, repair methods in order to eliminate them, indicators, their definitions and other standards that the object must correspond after the overhaul. Typical conditions are developed in research institutes or specialized state centers.
The current repair document is being finalized by engineers in an enterprise that take into account the specifics of a particular structure.
Important! This document should also contain requirements for the state of the object both during the repair process and after its end.
What documents will be needed for registration of this procedure?
The main document, without which a positive decision on the implementation of the overhaul of residential premises is a special project. It is based on:
- conclusion of the survey of the building by the Commission for registration of an inspection certificate;
- estimated documentation;
- technical and economic confirmation of the need for work.
The document includes a possible range of services in which the customer needs and which can be provided by the Contractor.
Amended project specialists in engineering.
Eventually, in the document prepared by them, the documents must be included:
This list is not exhaustive. In many individual cases, additional permits are required from various communal services.
Reference! The list of documents must be approved in all instances (fire service, gas service, etc.).
What information on the overhaul have access to the owners of housing?
Based on the request made by the owner of the living space or the management organization, it is obliged to provide complete information about the overhaul in both a separate apartment / room and the entire object. It should be specified in the text of the request, in which area of \u200b\u200bthe area is interested in information.
What documents should be submitted at the end of work?
As soon as the repair work was completed, the Contractor must provide the following portfolio of documents:
- estimate documentation;
- journal of work;
- acts in which intermediate inspections or intake of intermediate work are recorded.
All documents must be signed and are certified by both parties on the same day.
Who is:
What documents are not always required:
- permission from the service for the protection of monuments.
- Permission to overlapping traffic motion.
What should the owner do if not satisfied with the result of the repair?
In accordance with Art. 182 Housing Code, when conclusted, it must specify the following information in it:
- warranty period for work produced;
- obligations of repair performers if its results were unsatisfactory.
First of all, the owner should make sure that the identified disadvantages are a direct consequence of the work. Often, for this you invite an external expert-builder, who, subsequently, confirms its conclusion with a special act.
If it is established that the shortcomings are a consequence of major repairs, the owner needs to be contacted with the regional operator and housing and utilities bodies. It is possible to do this by visiting the nearest branch of the organization or a call by number that is located on the official structure of the structure.
After that, the higher authorities are obliged to inspect the errors identified and decide whether to correct the deficiencies in the repair in their competence, making a defective act.
Tip! If you are the owner, then the established safety standards of work should be respected.
Monitor competent and timely preparation of intermediate documents (acts, diagrams, drawings), and also regularly find out from the regional operator the current state of affairs is also not unnecessary.
Technical documentation for overhaul objects includes:
Initial and permits;
Materials of engineering surveys;
Design and estimate documentation;
Executive documentation.
Design and estimate documentation for the overhaul of buildings and facilities is developed by project organizations on the basis of contracts with Waking Military District.
The development of design and estimate documentation for the overhaul is preceded by the compilation of adoptive descriptions of works and acts of the technical condition of structures at the time of the examination.
The design and estimate documentation includes:
General explanatory note;
Architectural and construction solutions;
Technological solutions for built-in non-residential premises;
Solutions for engineering equipment;
Project of the organization of major repairs;
Project technical operation of the building;
Estimated documentation.
The project of capital repairs of a building developed by two-stage design includes:
a) the overall explanatory note;
main drawings: situational plan; the master plan scheme indicating the existing, repaired and designed buildings, the volume of improvement and landscaping, fundamental solutions for external engineering networks;
b) building solutions containing a brief description of architectural and construction plans, basic measures for water supply, ventilation, sewage, gas and power supply, structural protection measures, a list of used typical and repeated projects, structures, and assemblies, civil defense plans (are issued in prescribed order);
main drawings: plans, cuts and facades of buildings with a schematic image of carrier and enclosing structures; workers drawings for non-type structures, nodes, schemes;
c) engineering sections (water supply, sewage, heating, power supply, etc.), containing a brief description of sources of supply and decisions made, a list of typical and reusable projects, structures, nodes;
main drawings: plans, schemes, cuts with a schematic image of structures; Track plans on geomaterials in M \u200b\u200b1: 500; Workers drawings for non-nodes, details, profiles of trails;
d) the project of the organization of repair, developed in the composition and volume provided for by the ISN 41-85 (p) of the State Georgadstroy;
e) section "Technical Operation of Buildings" containing the main maintenance provisions of the building, information about disconnecting devices, nodes requiring the greatest attention during operation;
e) estimated documentation.
The working documentation for the repair of buildings should include:
construction Design Documentation Systems (SDPS);
vedomosti for construction and installation work;
vedomosti and summary statements need for materials;
specifications on equipment compiled in the form installed by the SDPS, questionnaires and overall drawings.
The total explanatory note to the design and estimate documentation contains:
base for design;
a brief description of the building (complex), including urban planning issues (if necessary);
general plan, landscaping, gardening;
short description and justification of architectural and construction solutions for the building (complex):
a) architectural and planning solutions;
b) constructive solutions;
c) engineering solutions;
technological equipment of built-in non-residential premises;
basic solutions for water supply, sewage, heating, ventilation, power supply, low-current devices;
a list of typical and reused projects of parts, nodes used in the project;
solving issues of go;
basic provisions for the organization of repair;
basic provisions for the technical operation of the building (complex).
For technically simple objects, the composition and volume of design materials is allowed to reduce the decision of the project organization.
If the nature of the repair work does not require the development of drawings, then there are only estimates based on the formation of work. The need to develop drawings establishes a project organization.
For buildings and structures with particularly complex structures and work conditions, the repair of which is carried out using special (individual, non-type) auxiliary facilities, devices, devices and installations regulated by the requirements for the organization of construction production, design organizations carrying out repair, should develop drawings These structures, devices, devices and installations.
The composition of the estimated documentation is given in Table 6.2.
The composition of the estimated documentation
Table 6.2.
| For one-stage design | For two-stage design | |
| Work project | Project | Working documentation |
| Consolidated estimated calculation 1 | Consolidated estimated calculation 2 | Object estimates for working drawings |
| Summary of costs | Summary of costs | Local estimates for working drawings |
| Object estimates3. | Object and local estimated calculations | |
| Local estimates3. | Estimates for design work and engineering and technical examination of the building | Material statement |
| Damage to design work and engineering and technical inspection of buildings | The statement of the estimated cost of repair of objects included in the appropriate complex (queue) of the repair | Explanatory note |
| The statement of the estimated cost of repair of objects included in the corresponding complex (queue) | Explanatory note | |
| Material statement | ||
| Explanatory note | ||
| _____________ 1. Determined by object and local estimates composed of working drawings using price list intended for this purpose, enlarged estimated norms, enlarged and single rates for repair, construction and installation work during major overhaul. 2. Determined by integrated estimated standards (price losses, enlarged estimated standards, enlarged rates), integrated repair costs and value indicators of analog facilities. 3. In the absence of price lists and enlarged estimated norms. Note. In compiling the estimation of the price list, the documentation includes the statement of work volumes. |
When developing working documentation for the repair of facilities, a project organization should carry out the necessary improvement and concretization of the principal architectural and construction and other decisions adopted in the approved project.
Working documentation is developed as a whole to repair the entire building or launch complexes (queues). Working documentation for individual objects with terms of repair to one year is developing and issued in general on these objects.
The estimated documentation in the working draft includes an explanatory note, in which:
indications, in what prices and norms of which year are the estimated documentation;
name of the General Contracting Organization;
the sizes of overhead and planned savings;
the procedure for determining the estimated cost of repair work;
the procedure for determining the estimated cost of equipment and its installation;
the procedure for determining funds on the chapters of a consolidated estimated calculation.
In the case when, when calculating funds on other work and costs, there are references to the reporting data of contracting and other organizations, copies of the relevant documents must be attached:
performance indicators, the cost of the main salary, the use of mechanisms and materials;
justification of the reuse of materials from disassembly in accordance with VSN 39-83 (p) State Agraduch;
technical and economic indicators;
sources of financing overhaul.
In the consolidated estimate calculation of the cost of repair, funds are distributed across the following chapters:
1. Preparation of the site of major repairs;
2. Basic objects;
3. Objects of utility and maintenance purposes;
4. external networks and structures (water supply, sewage, heat supply, gas supply, etc.);
5. Improvement and gardening of the territory;
6. Temporary buildings and structures;
7. Other works and costs;
9. Project work.
The consolidated estimated calculation includes: funds for the preparation of the territory, demolition and transfer of buildings and structures (including houses and buildings belonging to citizens under the rights of personal property) located on the land plot if their further use to be impossible to be impossible; implementation of measures related to the violation of the natural environment; limited costs; Compensation determined by the decisions of policy makers.
In the consolidated estimated calculation, a separate line provides for the reserve of funds for unforeseen work and costs.
For the result of the consolidated estimated cost calculation, the return amounts are indicated.
Cost summary is compiled when the maintenance of a group of houses and houses with fitted rooms is envisaged. At the same time, external networks common for a group of houses may be allocated to a separate type of work. Two or more consolidated estimated cost calculations can be combined with a summary of costs.
Object and local estimates, compiled on working drawings, determine the estimated cost of individual objects, their parts or types of work and are the basis for determining the estimated cost of the object. This cost is determined by the price list intended for this purpose, enlarged estimated standards, enlarged rates and tied to local repair conditions by estimates to type and reusable economical individual projects, and in the absence of these norms and estimates - on unit rates for construction and repair work and Rates for equipment installation.
Object and local estimated calculations are forms of object and local estimates. The cost in estimated calculations determine, as a rule, using enlarged estimated norms.
Additional means for reimbursement of the contractor's costs that are revealed after the approval of the working draft in connection with the introduction of increasing coefficients, benefits, compensation, etc., include a separate line with a separate line with a subsequent change in the final indicators of the cost of repair and approval of production refinements by the authorities previously approved the project. .
Cash funds can be spent on the payment of an advance on the overhaul of an apartment building and for payment of work, taking into account the requirements of Federal Law No. 185-FZ. The implementation of other operations on the score is not allowed.
What is a special bank account for the formation of a capital repairs fund?
The score is used for the purpose of forming the capital repairs of a specific apartment building and calculations in accordance with the requirements of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ.
Does the bank control the operations on a special account for the formation of the capital repairs fund?
Yes, on the basis of supporting documents according to the list, in accordance with the LCD of the Russian Federation.
What amount of votes is enough to make a decision of the General Meeting on the provision of services or work on capital repairs?
At least 2/3 of the votes from the total number of votes of the owners of the premises in an apartment building, which corresponds to 66.67% (Part 1 of Art. 46 188-FZ). Every owner of the room in an apartment building at the general meeting has the number of votes proportional to its share in the right of a common property for the common property of the house (Part 3 of Art. 48 188-ФЗ). This proportion in turn is proportional to the size of the total area of \u200b\u200bthe specified room (part 1 of article 37 188-ФЗ).
Is it possible as a confirmation document to provide the minutes of members of the HOA, members of the Board, and not the owners of the premises?
No, according to the law, the Protocol of the General Meeting of the Owners of Premises in an apartment building, containing a decision of such a meeting on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building (part 1 of paragraph 4 of Article 177 of the LCD of the Russian Federation).
What mandatory details should be contained in the protocol or an extract from the protocol?
In accordance with the order of the Ministry of Construction of Russia of 25.12.2015 N 937 / AR "On approval of requirements for issuing protocols of general meetings of the owners of premises in apartment buildings<…>"The protocol or discharge from it must be such details:
- title of the document;
- date and registration number of the Protocol;
- date and venue of the general meeting;
- title to the content part of the protocol;
- meaningful part of the protocol;
- applications to the protocol (in case of indicating them in a substantive part of the protocol);
- signature Chairman HOA.
What discrepancy is most often found in the protocol of the general meeting of the owners of the premises?
The decision of the owners of the premises adopted at the General Meeting is reflected in the minutes not for all points (paragraph 5.1 of Art. 189 LCD RF).
How to make an extract from the protocol to provide to the bank?
Extract from the protocol is an exact copy of the part of the text of a genuine protocol relating to the subject of the agenda to which the extract is being prepared. At the same time, all details of the form are reproduced, the introductory part of the text, the issue of the agenda that the extract is being prepared, and the text reflecting the discussion of the issue and the decision made. The name of the document is issued as "extract from the protocol."
What discrepancies are most often found in the contract for the provision of services and (or) work on the overhaul of common property in an apartment building?
1. The contract does not specify: a) a warranty period for services rendered and (or) work performed by a duration of at least 5 years from the date of signing the act of acceptance of services rendered and (or) work performed; b) the obligations of contractors to eliminate the identified violations within a reasonable time, at their own expense and on their own (clause 4 of Art. 177 LCD RF).
2. The subject of the contract does not correspond to the types of services and (or) works approved by the Protocol.
In what cases do not need to provide an act of work performed?
The act of acceptance of services rendered and (or) work under the contract for the provision of services and (or) on the implementation of work on the overhaul of common property in an apartment building is not provided if an advance payment for services and (or) work on overhaul is paid in the amount not More than 30% of the cost of these services and (or) work under the agreement on their provision (execution).
Can the Bank provide information to owners of apartments about operations on the operations for the formation of the capital repairs fund?
Yes, maybe at the request of any owner of the room in an apartment building.
How to return funds credited at the expense of the capital repairs of an error?
In accordance with Art. 854 of the Civil Code of the Russian Federation, the write-off of funds from the score is carried out only by order of the client. To enumerate funds mistakenly enrolled by payers at the expense of the capital repairs Fund, send a payment order to the Bank with confirming documents in the amount of incorrectly listed funds through Sberbank Business online or at the expense of the account.
To the payment order, attach the statement of the payer with the full details of the recipient's account, as well as a check-order confirming the fact of making a payment (crediting funds for special council).
Through Sberbank Business Online Documents are served in scanned format in PDF format simultaneously with the payment order- Go to the tab "Letter to the Bank" tab, select the subject of the letter "Confirming Documents on Special Accounts, incl. Housing and communal services. The bank will check and in the presence of confirmation documents will list money.
Since 2014, the costs of maintaining an apartment building (MKD), including the costs of its overhaul (cr), are assigned to the owners of residential premises.
Owners of apartments, paying monthly contributions, form the fund, at the expense of which they will later and will be held.
Capital Repair Fund (FKR)
According to paragraph 3 of Art. 170 LCD RF, owners of apartments must independently choose one of 2 ways to form FKR:
1. Contributions come to the accounts of the regional operatorwhich is created by the subject of the Russian Federation (several such operators can act in one region).
In this case, the funds of the owners enter the "Common Boiler", from which subsequently allocated to the overhaul of apartment buildings in the order provided for by the regional program, which is approved by the Law of the Directory of the Russian Federation.
That is, if the money collected from the owners of the house on the goal of the Kyrgyz Republic is not enough, and the period of scheduled work has already come or the repair is required to conduct early, the regional operator will fulfill its obligations at the expense of funds received from the owners of the premises of other MCDs (or with the involvement of budgetary or borrowed funds. ).
The contribution rate on the Kyrgyz Republic is approved by local regulatory legislation and is indexed annually taking into account the growth index of consumer prices.
For example: The tariff in Moscow in 2020 is 18.86 rubles. For 1 sq.m. The total area of \u200b\u200bresidential (non-residential) premises in the MKD (Decree of the Government of Moscow dated December 29, 2014 No. 833-PP in the editorial office of the Resolution of 03.12.2019 No. 1597-PP).
2. Contributions are listed for a special account..
In this case, the FCR is formed in relation to one house on a single account intended solely for this purpose.
At the same time, the owners are entitled to decide how much money they are willing to deduct to the fund. The size of the monthly contribution should not be less than the tariff recorded in the law of the subject of the Russian Federation, and the "upper" border is not established.
If the total amount of FKR funds in the account exceeds the minimum approved by the authorities of the Directory of the Russian Federation, the owners of the MCD premises are entitled to:
- to dispose of these "ultra-dimensional" means without waiting for the onset of the repair of the repair work specified in the Regional Program of the Kyrgyz Republic (for example: replace worn communications ahead of time);
- suspend payment of contributions (such a right does not apply to apartment owners with arrears).
Note: Owners who form FKR in a special account should be engaged in organizational issues of overhaul on their own.
The size of the capital repairs and sources of its formation
In accordance with paragraph 1 of Art. 170 LCD of the Russian Federation to the composition of the FCR turn on:
- contributions, monthly paid premises;
- penalties accrued for late payment of contributions on time;
- interest for the use of funds stored in a special account or accounts of the regional operator (for example: by decision of the owners money on special purpose can be placed on a deposit in order to preserve the purchasing power of savings in the context of growing inflation);
- funds for financial support provided by the state (municipality);
- revenues derived from the use of the general property of the MKD and sent to the replenishment of the FCR by solving owners (for example: from leasing non-residential premises, advertising in entrances, etc.);
- credit (borrowed) funds attracted by MKD owners in order to carry out overhaul.
The minimum size of the FCR is approved by the Law of the Directory of the Russian Federation. In accordance with paragraph 8 of Art. 170 LCD RF. Regional authorities are encouraged to establish the minimum size of the FCR no more than 50% of the estimated cost of capital repairs of the Ministry of Measures.
The estimated cost, in turn, is defined as the total amount of all the minimum necessary work on the Kyrgyz Republic of the apartment building during the term of the regional program (taking into account the fact that some types of overhaul during this period must be completed repeatedly), including the preparation of design and estimate documentation and cost of services for construction control.
Regional MKD overhaul program
In accordance with paragraph 1 of Art. 168 LCD RF Regional Program of the Kyrgyz Republic is approved by the executive authorities of the constituency of the Russian Federation.
This program indicates the limit deadlines for the overhaul of apartment buildings in order to plan not only the priority of work at the expense of the funds of owners, but also, if necessary, the provision of state (municipal) support at the expense of budgetary funds, as well as monitoring the timeliness of service provision by the regional operator.
The regional program is developed for the period necessary for the CC of all MCDs located on the territory of the Russian Federation and includes:
- a list of all apartment buildings, with the exception of emergency buildings to be demolished or reconstructed;
Note:
1. The regional program does not include MKD, in which there are less than 5 apartments (that is, the townhouses for 2 hosts in the overhaul program are not included).
2. The house is recognized as an emergency, if its physical wear (roofs, walls, foundation) exceeds 70%, or if the total cost of overhaul engineering networks and the main structural elements of the house exceeds the standard established by the law of the subject of the Russian Federation.
- a list of works on a Cyrgyz Republic of common property in these MKD;
- planned period of overhaul for each individual type of work. At the same time, the period for each type of work can be specified as a specific year or as a period not exceeding 3 calendar years (for example: replacement of a cold water supply system 2027 - 2029).
Note:the priority of overhaul is determined by the local authorities on the basis of the duration of the operation of engineering systems and design elements of the MDC (in accordance with the construction regulations approved by the Order of the State Architecture of 23.11.1988 No. 312), taking into account the provisions established by the LCD of the Russian Federation.
Any citizen can learn about the programs and plans for the overhaul of its home on the official website of the GIS Housing LCD (in the form window you need to specify the address):
In addition, extended information (full profile of the house, including overhaul data, can be found here:
Information about the regional program of the city of Moscow is posted on:
The regional program is updated every year. That is, it is added annually information about new buildings introduced into operation, the MCDs to be demolished or reconstructed are excluded, data on the transfer of overhaul deadlines, if some types of work on the Cyrus are performed early, etc.
Note: MKD owners are not authorized to decide on the exclusion of their home from the regional program.
Special account for FKR formation
The owners of the premises in the ICD who have chosen as a method for the formation of FCR accumulation in a special account must be held a general meeting of owners, which determines:
- the size of monthly contributions on the goal of the Kyrgyz Republic (no less than the minimum rate established by the subject of the Russian Federation);
- owner of a special account;
- a person who provides services for the formation of payment documents (receipts) on the payment of contributions;
- the procedure for providing these documents to payers;
- the amount of expenses related to the formation of receipts and the terms of payment of these services.
In accordance with paragraph 2 of Art. 175 LCD RF asset by the owner of a special account can be:
- housing Association (HOA);
- housing cooperative (utility, LCD);
- managing Company (CC);
- regional operator (in this case, FCR is formed solely with respect to one house, and despite the fact that its owner is a regional operator, money is taken into account separately, and not in the "general boiler").
An individual cannot act as the owner of a special account.
The contract of special purpose is indefinitely. If his owner is declared bankrupt, then the cash stored on this account is not subject to inclusion in the competitive mass, since they are not the property of the debtor.
If the company is the owner of the account, ceases to manage the house for any reasons (the overall decision of the owners of the company's change, liquidation or reorganization of the company), the owners for 2 months should conduct a general meeting and choose a new account holder or change the method of forming FKR (transfer Accumulations on the accounts of the regional operator).
If the above period has expired, and the decision by the owners of the MKD was not taken, the local government authority automatically assigns the owner of a special account of the regional operator.
How and in what time frame you can change the method of forming FKR
In accordance with Art. 173 LCD RF Method for the formation of the FCR can be changed at any time on the basis of the general decision of the owners of the MKD.
In the event that a loan was provided for overhaul, the change in the method of forming FCR is possible only after fulminating obligations under this loan.
The decision of the General Assembly of Owners is drawn up in accordance with the requirements approved by the order of the Ministry of Internal Affairs of Russia from 07/31/2014 No. 411 / PR.
The prepared document is sent to the regional operator (the owner of the Special Account) within 5 days from the date of its adoption and comes into force on the following time:
- if the FCR is withdrawn from the regional operator's accounts and is translated into a special account - the decision comes into force after 1 year from the date of his destination destination;
- if the FKR is transmitted from a special account to the accounts of the regional operator - after 1 monthfrom the date of the direction of decision to the owner of the specialist.
Then, within 5 days from the date of entry into force of the above decision, the regional operator (owner of the special land) is obliged to list the accumulation of the new "managing" FCR, as well as transfer all documents and information related to the formation of the Fund.
Who should pay contributions to overhaul
The obligation to pay contributions to the Kyrgyz Republic is assigned to all owners of residential and non-residential premises in the MCD.
Do not pay contributions:
- employers of state (municipal) housing;
- the owners of the premises in the MKD, which in the prescribed manner is recognized as an emergency and is subject to demolition (reconstruction);
- owners of premises in the house, which is located on the land plot to be withdrawn for state (municipal) needs (in this case, the owners are exempt from paying contributions from the month following the month in which the executive authorities decided to make the land seizure).
What will happen if contributions do not pay
In accordance with Art. 210 of the Civil Code of the Russian Federation, as well as paragraph 1 of Art. 39 LCD RF Holders of premises in the MCD are required to bear the burden of costs for the mainstream property of the house.
According to sub. 2 p. 2 Art. 154 LCD RF, major overhaul contributions are included in the fee for utilities.
In addition, in accordance with paragraph 14.1. Art. 155 LCD RF, Owners of the MKD premises, inadequate or not fully paid contributions are obliged to list the pencils calculated as 1/300 refinancing rates from the amount of debt, starting from 31 days following the day of the occurrence of the deadline for the day of payment.
Debt collection on contributions can be carried out in court.
It should be noted that, in accordance with the Decree of the Constitutional Court of the Russian Federation of 12.04.2016 No. 10-P, the provisions of the LCD of the Russian Federation, enshrining the obligation of owners to pay contributions to the overhaul of the common property of an apartment building, were recognized as not contradictory of the Constitution of the Russian Federation. This resolution is applicable and not subject to appeal.
When there is a duty on paying overhaul
If the MKD was included in the regional overhaul program at the time of its placement in the GIS Housing LCD system, then the first time the owners should pay a contribution to the CB after the expiration of the term established by the Law of the Directory of the Russian Federation.
LCD RF (paragraph 3 of Art. 169) gives the right to authorities to establish such a period ranging from 3 to 8 months, starting from the month following the month of official publication of the program.
If we are talking about a new building, that is, about the house, which was commissioned after the official publication of the regional program and was added to it when updating information on the results of any year, the owners will pay a fee for the first time after the inclusion of the MCD in The program (if an earlier period is not established by the law of the subject of the Russian Federation).
"Delay" of payment of contributions
Summarizing the above, get a "temporary deferment" on the payment of contributions to the overhaul can:
- owners of premises in new buildings (up to 5 years from the moment the MKD is turned on to the overhaul program);
- owners (forming FKRs in a special account), which accumulated the required minimum amount and decided to suspend payment of contributions to the Kyrgyz Republic.
In addition, if the owners who form FKR on the accounts of the regional operator fulfilled any type of work on the overhaul of their home ahead of schedule on personal additional funds (without attracting budget money and funds of the regional operator), and the work performed, in accordance with the regional program, must Because of the MKD only once (that is, there is no reason for transferring work time limits at a later period), the amount of costs of costs can be counted on account of the fulfillment of future obligations to pay contributions to FKR.
Benefits and subsidies for payment of contributions
In accordance with paragraph 2.1. Art. 169 LCD RF Regional Law may be made compensation for payment of contributions in the following amount:
At the same time, social support measures are provided with regard to the regional standard of the regulatory area of \u200b\u200bresidential premises and are calculated on the basis of the minimum amount of contributions established by the Law of the Directory of the Russian Federation.
The executive authorities can also provide compensation for payment of contributions on the CR to other categories of citizens on their own initiative.
For example, in accordance with clause 4.2. (1) Resolution of the Government of Moscow No. 833-PP, a discount of 50% of the amount of contributions on the Kyrgyz Republic is set for:
- disabled (families with disabled children);
- honorary donors;
- persons held military service in the city and workers in Moscow enterprises in 1941-1942;
- large families, etc.
In addition, taking into account that overhaul contributions are included in the communal payments, then the procedure for the provision of subsidies to pay for utility services to poor families (lonely citizens), approved by the Decree of the Government of the Russian Federation dated December 14, 2005 No. 761, is fully applied.
When paid contributions on the Kyrgyz Republic can be returned
In accordance with paragraph 2 of Art. 174 LCD RF in case of recognition of the ICD emergency and subject to demolition, the FCR funds, minus the amounts spent earlier on the overhaul of this house, and the amounts spent on its demolition are subject to the distribution between the owners in proportion to the size of the contributions paid.
In the same way, funds from the capital repairs fund, formed by the owners of the house located on the land plot, which is withdrawn for state (municipal) needs is distributed and returned.
Note: The right of the owner of the premises in the MKD to the share of funds stored on a special purpose should be the fate of ownership of this room. That is, when selling apartments, the owner cannot claim the return of contributions paid by him for all the time of ownership of this object of real estate.
In addition, in the transition of ownership of the apartment - the new owner also passes and debt on contributions on the Kyrgyz Republic, a timely outstanding by the previous owner.
List of works on overhaul MKD
In accordance with paragraph 1 of Art. 166 LCD RF into the list of works financed by the FCR funds formed on the basis of the minimum amount of contributions, overhaul is included:
- Roofs.
- Facade.
- Foundation.
- Cellars.
- Elevator shafts, machine and block rooms, elevators (including their upgrades).
- Engineering systems (drainage, electric, gas, heat, water supply).
The executive authorities of the Directory of the Russian Federation on its own initiative may include additional services in this list:
- facade insulation;
- device outputs on the roof;
- installation of collective metering devices (automated measuring systems) of consumed resources and control nodes of these equipment;
- reconstruction of a non-ventilated roof on the ventilated;
- replacement (restoration) of carrying construction structures and engineering networks;
- other services not named in Art. 166 LCD RF.
The list of works on the Kyrgyz Republic, which can be financed from the funds of the regional budget as a measure of state support, is determined by the law of the subject of the Russian Federation.
If the owners of the MKD premises decided to pay contributions to the FKR in the amount exceeding the minimum rate established by local legislation, they have the right to use the "super-luminous" part of the FCR to finance any services for the overhaul of the common property of the MCD.
The procedure for holding a planned overhaul in the MKD
For 6 months (or earlier, if another period is provided for by regional legislation) before the occurrence of the year, in which the overhaul must be carried out in accordance with the regional program, the owner of the Special Council (regional operator) makes a proposal for the owner:
- about the term of the beginning of the Kyrgyz Republic;
- about the necessary list of works;
- on the cost of such works;
- on the sources of their financing, etc.
Owners of the MKD premises no later than 3 months (unless otherwise established by the Law of the Directory of the Russian Federation) from the moment of receipt of the above proposal should be held a general meeting and approve:
- list of works on cr;
- the maximum permissible cost of overhaul based on the standard established by regional legislation;
- a person who will accept the acceptance of work performed on behalf of all owners of the MKD premises and sign appropriate acts.
In addition, if the FCR is formed on a special purpose, will additionally need to approve:
- deadlines for overhaul;
- sources of its financing.
If the owners of the premises in the MKD forming the FKR on the accounts of the regional operator did not decide on the time being, the period of the overhaul is appointed by the local government body in accordance with the current regional program.
If the owners of the real estate forming the FKR on the specialist did not carry out the MKD overhaul before the expiration of the deadline provided for by the regional program, and the work of the work was necessary to maintain the normal operational state of the common property of the house, the local authorities convey the management of FCR to the regional operator.
The owner of the specialist who received a notice of "removal" from the management of the FCR is obliged to translate the accumulation at the expense of the regional operator within 1 month from the date of receipt of such a notification. Next, repairs are carried out by the regional operator forces in the time limits provided for by the program of the Kyrgyz Republic.
In the case when the overhaul is carried out by the regional operator, then after 10 days from the date of signing the act of receiving the acceptance and transfer of work performed, the operator is obliged to convey the person who is managed by an apartment building (Criminal Code, HOA, HSSC), a package of documents comprising:
- copies of design and estimate documentation;
- contracts for the provision of services (contract);
- acts of acceptance and transfer of work performed;
- other documents related to the holding of the Kyrgyz Republic, with the exception of financial documentation.
Urgent overhaul in emergency situations
In the event of an accident or other emergency situation of a natural or man-made nature, the decision to hold the Kyrgyz Republic is made in the manner approved by regional legislation.
For example: In the capital, the rules for conducting an urgent emergency, approved by the Decree of the Government of Moscow dated September 05, 2017 No. 630-PP.
As a rule, in such cases, capital repairs are made immediately, without inclusion in the short-term implementation plan for the regional program of the Kyrgyz Republic, but only in volumes sufficient to eliminate the consequences of the accident (natural or man-made catastrophe).
Such an order applies only to the MCD, whose owners chose a method for forming FKR in the accounts of the regional operator.
At the same time, the owners of the premises in the house, the FCP of which accumulates on a special purpose, have the right to request state support measures in the form of a subsidy in order to reimburse part of the costs of CR.
How to move the period of overhaul at an earlier time
Owners who form FCRs on a special purpose can carry out an early Kyrgyz Republic at any time in the presence of "over-limit" funds on the account.
If the FCR is formed in the accounts of the regional operator (the required amount is not accumulated on the special purpose), the owners of those who wish to conduct any kind of overhaul before the term approved by the regional program will need to substantiate the need for unscheduled work.
Procedure:
- The owners of the premises in the MKD turn into their Criminal Code and conduct an extraordinary general meeting of owners, on which the list of structural elements and engineering systems are approved, requiring overhaul (roof, cold water supply system, heating, etc.).
- The Criminal Code on behalf of the owners is attracted by a specialized organization to fulfill the technical survey of the general property of the MCD to be urgent.
- According to the results of the survey, experts of a specialized organization draw out a technical conclusion with the calculation of the physical wear of structures (engineering systems), corresponding to departmental construction standards (EAS 53-86R), approved by order of the State Georglass of 24.12.1986 No. 446.
- The Criminal Code reports a package of documents for consideration into the local executive authority (its department that controls the execution of the program of the Kyrgyz Republic).
- If the decision of the authority to appeal to the applicant is positive, then the MKD will be included in the short-term plan of the Kyrgyz Republic, that is, when updating the regional program, the period of repair work will be carried out for an earlier period.
Further, if the FCR is formed through a regional operator, it is obliged to fulfill the Kyrgyz Republic in agreed time. If the FCR is formed on a special purpose, the owners appear the ability to dispose of accumulations and carry out the necessary repairs.
Complaint of poor quality overhaul
In the case when the FCR is formed in a special account, the owners of the premises in the MKD are independently engaged in the search and attracting contractors (as a rule, such functions on behalf of the householders are executed by the management company serving the owner of the specialist).
That is, the relationship between the customer and the executor of work is governed by the provisions enshrined in the contract agreement (provision of services). Therefore, the primary complaint is directed by the owners of the owner of the specialist, which, in turn, must compile a claim to the Contractor.
If the FCR is formed on the account of the regional operator, the regional operator is responsible for the quality of the Kyrgyz Republic.
In a situation where the "primary" appeals did not led to the desired result, you need to write complaints in the higher authorities:
- to the authorized department of the local government authority (housing inspection);
- in Rospotrebnadzor;
- to the prosecutor's office;
- to court.
List of sources
1. "Housing Code of the Russian Federation" dated December 29, 2004 No. 188-FZ (ed. Dated December 27, 2019).
2. Resolution of the Government of Moscow dated December 29, 2014 No. 833-PP in the editors of the Decree of the Government of Moscow of 03.12.2019 No. 1597-PP "On establishing a minimum amount of the contribution to the overhaul of common property in apartment buildings in the city of Moscow" (together with the "List works and / or (or) services for the overhaul of common property in apartment buildings in the city of Moscow, rendering and (or) the implementation of which are funded by capital repairs, formed on the basis of the minimum fees for major overhaul.).
3. Order of the Ministry of Construction of Russia dated July 31, 2014 No. 411 / AR "On approval of exemplary conditions for the management agreement of an apartment building and methodological recommendations on the order of the organization and conducting general meetings of the owners of the premises in apartment buildings."
4. Resolution of the Constitutional Court of the Russian Federation of 12.04.2016 No. 10-P "In the case of the verification of the constitutionality of the provisions of part 1 of article 169, parts of Article 170 of Article 170 and part 4 of Article 179 of the Housing Code of the Russian Federation in connection with the requests of the State Duma deputies groups" .
5. Article 210 of the Civil Code of the Russian Federation. The burden of property content.
6. Order of the State Architecture of 11/23/1988 No. 312 "On approval of departmental construction norms of the State Architecture" Regulation on the organization and conduct of reconstruction, repair and maintenance of residential buildings, communal and social and cultural facilities "(together with" VN 58-88 (p ). Departmental construction norms. Regulation on the organization and conduct of reconstruction, repair and maintenance of buildings, communal and socio-cultural facilities ").
7. Resolution of the Government of Moscow dated December 29, 2014 No. 832-PP (ed. From 02.26.2019, with ame. Dated November 12, 2019) "On the regional program of the regional development of common property in apartment buildings in the city of Moscow."
8. Resolution of the Government of the Russian Federation dated December 14, 2005 No. 761 "On the provision of subsidies for the payment of residential premises and utilities".
9. Resolution of the Moscow Government dated September 05, 2017 No. 630-PP "On approval of the procedure for making a decision on the overhaul of common property in apartment buildings in the territory of the city of Moscow in the event of an accident, other emergencies of a natural or man-made character."
10. "Departmental building standards. Rules for assessing the physical wear of residential buildings. VNN 53-86 (P) "(approved by the order of the State Georgia under the USSR State Agency dated December 24, 1986 No. 446).
Depreciation of fixed assets of housing and communal services in Russia, according to government estimates, already exceeds 60%. Including requires major repairs and the state of many apartment buildings. According to Rosstat, at the end of 2013, the proportion of the Old and Emergency Housing Fund in the country was 2.8%. And even relatively new residential buildings are gradually obsolete and require major repairs: for example, the overhaul of the loading devices of garbage disposal should be carried out every 10 years, and the power supply networks of the elevator installations - every 15 years (departmental construction norms of VN 58-88 (P) ").
The costs of maintaining a common property in apartment buildings should be paid by the owners of the rooms located in them, including apartments (). And if in the Soviet years the main owner of the residential premises was the state, which paid the costs of maintaining and repairing their property, now, as a result of mass privatization, the apartment passed into private property. But together with the right to square meters, the new owners passed and the obligation to maintain and repair, both the current and capital - with the exception of houses, which at the time of privatization already demanded overhaul (Article 16 of the Law of the Russian Federation of July 4, 1991. № 1541-I "").
Initially, the owners of the premises in apartment buildings independently voluntarily determined the size of the common property. This fee included in payments for utilities. But the desire of real estate owners to reduce the cost of paying these services led to the fact that the management companies and HOAs could not accumulate enough funds to finance the overhaul of the house and these costs often shifted on municipal budgets in the form of financing emergency work.
What are the ways to form a capital repairs fund?
Formation of the capital repairs of a residential building can be made one of two possible ways:
- in a special account;
- on the account of the regional operator - the so-called "overall boiler" ().
Forms
At the same time, by default, capital repairs funds are formed in the accounts of regional operators and no action for this is not required for this, and to select a method of accumulation in a special account, it is necessary to make a decision of the General Meeting of the owners of the apartment building. The decision is considered to be accepted if it is given at least 2/3 of the votes from the total number of owners of the premises in an apartment building ().
ATTENTION!
While your home is not included in the regional program (and before the expiration of eight months from the moment of inclusion), you are not required to pay major repairs (). You can get acquainted with the Regional Program on the website of the regional capital repairs fund.
Such a decision must be made no later than within six months (the term may be reduced by solving individual regions) from the moment the regional overhaul has been published in which the house is included. Such a program is formed for the period necessary for carrying out the overhaul of common property in all apartment buildings located on the territory of the constituent entity of the Russian Federation and is subject to annual actualization.
During the same period, you need to send a copy of the General Meeting Protocol to the Regional Operator. The decision of the General Meeting must necessarily be identified:
- monthly fee for overhaul;
- list of services and (or) work on overhaul;
- the timing of it;
- owner of a special account;
- the credit institution in which a special account will be opened ().
At the same time, the size of the monthly contribution may not be lower than the regional legislation. The list of repair work can not be less, and the timing of overhaul - later, which is provided for by the regional program.
The owner of a special account can be appointed management company, or HOA, housing or other specialized consumer cooperative, carrying out the management of an apartment building, as well as a regional operator. A credit institution in which a special account can be opened should have an authorized capital in the amount of at least 20 billion rubles. Information about banks that comply with this condition can be found on the Bank of Russia website.
If, within the prescribed period, such a decision was not taken by the General Meeting, the local governance authority decides on the formation of the overhaul fund against such a house on the account of the regional operator. Any notice of adopting such a decision by residents are not sent, and they will learn about this from payment receipts.
It should be noted that the formation of funds in special accounts has a number of features that distinguish this method from accounting within the "General Boiler":
- the money stored in the bank may accrue interest, which will allow you to slightly reduce the loss of purchasing power of savings for the period of their storage. The cost of maintenance of the account and the amount of interest accrued may vary depending on the bank. For example, one of the credit institutions offers a special account banking for 4.8 thousand rubles. In the year, the interest rate may vary from 0.2% to 3.5% per annum depending on the amount on the account. It should be noted that it also does not contain and prohibit accrual interest on funds stored in banks in the accounts of the regional operator;
- any owner has the opportunity to receive information on the amount of funds in a special account and operations on it. Collect the general meeting for this not required ();
- regional legislation may be set by the minimum coaront funds that are emerging in special accounts, upon reaching which the general meeting of owners may decide to suspend the obligation to pay for overhaul - with the exception of those who owe in such contributions ();
- there is no restriction on the payment of advance payment provided for regional operators, which exceeds 30% of the cost of overhaul, which will allow to require more favorable terms of contracts with contractors ().
At the same time, the funds of the capital repairs, stored in a special account, fully protected by law, except for the bankruptcy of the Bank itself (but this risk exists for funds stored in banks by regional operators). Thus, the Bank exercises control over the spending of funds from a special account (), and therefore carrying out illegal operations with these means is difficult. In addition, the funds in a special account cannot be addressed for the obligations of the owner of this account, if these obligations are not associated with overhaul (). Also, such funds are not included in the competitive mass in the bankruptcy of the account holder ().
How to change the method of forming a capital repairs fund?
If the owners of the premises in an apartment building does not suit the chosen way to form a capital repairs foundation or they missed the six-month term of deciding on its choice, then you can change this situation at any time on the basis of the decision of the General Assembly of Owners.
If the decision of the General Meeting of the Fund is made from the Office of the Regional Operator and will further form in a special account, such a decision must contain information provided for as and at the initial choice of special purpose for the formation of the Fund. This decision should be sent to the regional operator within five days, but by virtue of it will enter only two years from this moment (the term may be reduced by regional legislation) and in the absence of debt on paying overhaul or provided for these goals (). During this period, payments will still be transferred to the regional operator.
In the case of a decision on the transfer of the Fund to the Regional Operator, it comes into force one month after the direction of the special account holder of the General Assembly. The absence of debts on the work performed and the loans provided in this case is also a prerequisite for the decisions effect ().
Contribution rate in the capital repairs
The minimum amount of capital repaid contributions is established by regulatory acts of the constituent entities of the Russian Federation and is indexed annually taking into account the change in the consumer price index (, approved by the order of the Ministry of Internal Affairs of Russia of February 7, 2014 No. 41 / PR). So, the size of this contribution in 2015 in Moscow is 15 rubles. per month for each square meter of the total area of \u200b\u200bresidential (non-residential) premises in an apartment building (Resolution of the Government of Moscow of December 29, 2014 No. 833-PP ""). For comparison, in St. Petersburg, the size of the contribution is differentiated from 2 to 3 rubles. Depending on the type of structure, on the territory of the Moscow region in 2015, the contribution size is 7.8 rubles, and in the Samara region it varies from 5.07 rubles. up to 5.84 rubles. Depending on the floor of a residential building (in all regions, these amounts are also charged monthly for each square meter of the total area of \u200b\u200bthe room).
The size of the contribution does not depend on the number of persons registered in the residential room or its location. The amount of payment is determined only by the characteristics of the building of the residential building (the year of construction, the flood, the type of materials), if such a differentiation of the size of the fee is provided in this region, and in the number of square meters of the room.
The final contribution may be changed to the increase in the decision of the General Assembly of Owners, and the amount accumulated due to such an increase can be used on the types of major repairs, not provided for (for example, to develop project documentation, payment for services for building control and expenses for guarantees and guarantees on loans and loans), or to accelerate the execution of urgent work ().
Objectives of expenditure of funds from the capital repairs fund
Funds from the capital repairs fund can be spent exclusively on defined in the target:
- repair of domestic engineering systems of electrical, heat, gas, water supply, water disposal;
- repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator mines;
- roof repair;
- repair of basements related to common property in an apartment building;
- repair of the facade;
- repair of the foundation of an apartment building.
However, additionally, the subjects of the Russian Federation may resolve the funds of the Fund to other types of repair work, including:
- facade insulation;
- reconstruction of a non-ventilated roof on a ventilated roof;
- device outputs on the roof;
- installation of collective (generalic) counters and control nodes and regulating utility consumption.
This list is open, the regions are not limited in the right to determine the areas of consumption of funds of overhaul ().
In addition, these funds can be spent on:
- development of project documentation for overhaul;
- payment of services for construction control;
- repayment of loans and loans (as well as interest on them), obtained and used to pay for services and work on capital repairs;
- payment for the costs of obtaining guarantees and guarantees for such loans and loans (). For example, the rate of payment for issuing a bank guarantee under government contracts is currently varies from 1% to 5%. Probably, bank guarantees for loans for major repairs will be assessed in the same framework.
At the same time, due to the amount formed on the basis of the minimum amount of the overhaul of the overhaul, only the works provided for, as well as the repayment of loans, loans (and percent on them) obtained and used for payment of these works () can be financed.
From this it follows that it is possible to finance the development of project documentation, payments for construction control and expenses for guarantees and guarantees on loans and loans can be only from interest for the late payment of contributions and interest accrued for the use of funds in a special account, as well as Due to the amount of contributions exceeding their minimum size.
Terms of spending of funds from the capital repairs fund
The constituent entities of the Russian Federation are obliged to accept annually updated regional programs for the overhaul of common property in apartment buildings (). These documents establishes the limit deadlines for the overhaul of such houses, regardless of the method of formation of the overhaul fund. You can familiarize yourself with them on the sites of regional capital repairs.
It should be noted that the law provides for the overhaul on priority in those houses that needed overhaul on the date of privatization of the first residential premises in them, if the overhaul was never produced ().
However, in regional programs, only the deadline for overhauling is enshrined. According to the property owners in apartment buildings have the right at any time to decide on the overhaul of the common property, regardless of the method of forming the overhaul fund. To make this question on the agenda of the General Meeting can both the owners and the management company, the HOA or the regional operator.
The decision of the General Assembly of Owners on Capital Repairs must contain the following mandatory information:
- a list of overhaul;
- costings;
- deadlines for overhaul;
- sources of financing (special account or account of the regional operator);
- personal data that is authorized to participate in the acceptance of completed overhaul, including to sign appropriate acts.
If the early overhaul was not produced, then the management company, the HOA or the regional operator is obliged to send proposals to the owners on the period of overhaul, the necessary list of services and (or) works and their volume and cost, on the procedure and sources of financing of capital repairs of common property. This should be done no later than six months (other terms can be established by regional legislation) before the occurrence of the year, in which the regional repairs are planned according to the Regional Program. The decision on such a suggestion owners are obliged to accept within three months from the date of receipt of such an offer, otherwise this decision is made by the local government body.
Control over the formation of the capital repairs is carried out by the state housing authority (). Control over the compliance of the regional operator's activities established by Rosfinnadzor (Decree of the Government of the Russian Federation of November 28, 2013 No. 1092 "). Also, within the framework of their powers, supervision is carried out by the Prosecutor's Office and the Ministry of Internal Affairs of Russia.
Thus, in the event of a violation of the procedure for the formation of capital repairs, the deadlines and the order of overhaul, the owners of the premises in apartment buildings have the right to contact these organizations or the Court according to their competence, both individually and collectively.
It should be noted that the proper performance of the regional operator of its obligations is guaranteed by the subject of the Russian Federation, which will perform overhaul due to the regional budget if the regional operator violates its obligations to the owners of the premises in apartment buildings ().
If you have questions, we are waiting for them to our email - the answers to the most interesting we will turn on in the material. Also, with answers to frequently emerging issues can be found on the websites of regional overhaul funds.
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