The procedure for carrying out major repairs in an apartment building. List of documents required to carry out capital repairs of apartment buildings (provided that the original design solution is preserved) Documents for capital repairs

Since 2014, maintenance costs apartment building(MKD), including the costs of its overhaul (KR), are assigned to the owners of residential premises.

The apartment owners, paying monthly contributions, form a fund, at the expense of which subsequently the RC will be carried out for their house.

Overhaul Fund (FKR)

According to paragraph 3 of Art. 170 of the RF Housing Code, apartment owners must independently choose one of 2 methods of forming the FCR:

1. Contributions go to the accounts of the regional operator, which is created by the subject of the Russian Federation (several such operators can operate simultaneously in one region).

In this case, the owners' funds go to the "common boiler", from where they are subsequently allocated for major repairs. apartment buildings in the order provided by the regional program, which is approved by the law of the subject of the Russian Federation.

That is, if the money collected from the owners of the house for the purpose of the Kyrgyz Republic is not enough, and the scheduled work has already begun or the repairs need to be carried out ahead of schedule, the regional operator will fulfill its obligations at the expense of funds received from the owners of the premises of other apartment buildings (or with the involvement of budgetary or borrowed funds ).

The rate of contributions to the KR is approved by local regulatory legislation and is indexed annually taking into account the consumer price growth index.

For example: the tariff in Moscow in 2020 is 18.86 rubles. for 1 sq.m. the total area of ​​residential (non-residential) premises in the MKD (Resolution of the Moscow Government dated December 29, 2014 No. 833-PP, as amended by Resolution No. 1597-PP dated December 3, 2019).

2. Contributions are transferred to a special account.

IN this case The FCR is formed in relation to one house on a single account dedicated solely for this purpose.

At the same time, the owners have the right to independently decide how much money they are willing to donate to the fund. The amount of the monthly payment must not be less than the tariff fixed in the law of the constituent entity of the Russian Federation, and the "upper" limit has not been established.

If a total amount the funds of the FCR on the account will exceed the minimum approved by the authorities of the constituent entity of the Russian Federation, the owners of the MKD premises have the right to:

• to dispose of these "over-limit" funds, without waiting for the onset of the deadline for renovation works specified in the regional program of the Kyrgyz Republic (for example: to replace worn-out communications ahead of schedule);
• suspend the payment of contributions (this right does not apply to apartment owners in arrears).

Note: the owners who form the FCR on a special account must deal with the organizational issues of the overhaul on their own.

The size of the capital repair fund and the sources of its formation

In accordance with paragraph 1 of Art. 170 ZhK RF, the FKR includes:

• contributions paid monthly by the owners of the premises;
• penalties accrued for late payment of contributions on time;
• interest for the use of funds stored in a special account or the accounts of a regional operator (for example: at the decision of the owners, money in a special account can be placed on a deposit in order to preserve the purchasing power of savings in conditions of growing inflation);
• funds financial support provided by the state (municipality);
• income received from the use of the common property of the apartment building and directed to replenish the FCR by the decision of the owners (for example: from renting non-residential premises, placement of advertisements in the entrances, etc.);
• credit (borrowed) funds attracted by owners of apartment blocks for the purpose of capital repairs.

The minimum size of the FCR is approved by the law of the constituent entity of the Russian Federation. In accordance with paragraph 8 of Art. 170 of the Housing Code of the Russian Federation, regional authorities are recommended to set the minimum size of the FCR not more than 50% of the estimated cost of the overhaul of an apartment building.

The estimated value, in turn, is defined as the total sum of all minimum necessary work for the KR of an apartment building during the term of the regional program (taking into account the fact that some types of overhaul during this period must be performed repeatedly), including the preparation of design estimates and the cost of construction control services.

Regional program for overhaul of MKD

In accordance with paragraph 1 of Art. 168 of the RF ZhK the regional program of the KR is approved by the executive authorities of the constituent entity of the RF.

This program specifies the deadlines for the overhaul of apartment buildings in order to plan not only the sequence of work at the expense of the owners, but also, if necessary, provide state (municipal) support at the expense of budgetary funds, as well as control the timeliness of the provision of services by the regional operator.

The regional program is developed for the period necessary for carrying out the CD of all ICDs located on the territory of the constituent entity of the Russian Federation and includes:

• a list of all apartment buildings, with the exception of emergency buildings, subject to demolition or reconstruction;

Note:

1. The regional program does not include apartment buildings with less than 5 apartments (that is, townhouses for 2 owners are not included in the overhaul program).

2. A house is recognized as emergency if its physical deterioration (roof, 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 the CD of common property in these apartment blocks;
• the planned period of overhaul for each individual type of work. At the same time, the period for each type of work can be indicated as a specific year or as a period not exceeding 3 calendar years (for example: replacement of the cold water supply system in 2027 - 2029).

Note: the sequence of the overhaul is determined by local authorities based on the duration of operation engineering systems and structural elements of MKD (in accordance with the building codes approved by the order of the State Committee for Architecture of 11/23/1988 No. 312), taking into account the provisions established by the RF LC.

Any citizen can find out about the programs and plans for the overhaul of his house on the official website of the GIS Housing and Communal Services (in the form window, you must specify the address):

In addition, extended information (a complete home questionnaire, including overhaul data) can be found here:

Information about the regional program of the Kyrgyz Republic of the city of Moscow is posted on:

The regional program is updated every year. That is, annually, information about new buildings put into operation is added to it, MKDs subject to demolition or reconstruction are excluded, data on the postponement of the overhaul are entered if some types of work on the overhaul were completed ahead of schedule, etc.

Note: owners of apartment blocks are not entitled to make a decision to exclude their home from the regional program.

Special account for the formation of FCR

The owners of premises in MKD, who have chosen accumulation on a special account as a method of forming the FCR, must hold a general meeting of owners, at which it is determined:

• the amount of monthly contributions for the purposes of the Kyrgyz Republic (not less than the minimum rate established by the constituent entity of the Russian Federation);
• holder of a special account;
• a person providing services for the formation of payment documents (receipts) for the payment of contributions;
• the procedure for providing these documents to payers;
• the amount of expenses associated with the formation of receipts and the terms of payment for these services.

In accordance with paragraph 2 of Art. 175 ZhK RF the owner of a special account may be:

• homeowners' association (HOA);
• housing cooperative (ZhSK, ZhK);
• management company (MC);
• regional operator (in this case, the FKR is formed exclusively in relation to one house, and, despite the fact that its owner is a regional operator, the money is accounted for separately, and not in the "common pot").

An individual cannot act as the holder of a special account.

The special account agreement is concluded for an unlimited period. If its owner is declared bankrupt, then the funds stored in this account are not subject to inclusion in the bankruptcy estate, since they are not the property of the debtor.

If the company that is the owner of the account stops managing the house for any reason (general decision of the owners to change the charter capital, liquidation or reorganization of the company), the owners must hold a general meeting within 2 months and choose a new account holder or change the method of forming the RCF (transfer savings on the accounts of the regional operator).

If the above period has expired, and the decision by the owners of the apartment building has not been made, then the local government automatically appoints the regional operator as the owner of the special account.

How and in what time frame it is possible to change the method of forming the FCR

In accordance with Art. 173 of the RF LC, the method of forming the FCR can be changed at any time on the basis of a general decision of the owners of the MKD.

If a loan was provided for the overhaul, then the change in the method of forming the FCR is possible only after full repayment obligations under this loan.

The decision of the general meeting of owners is drawn up in accordance with the requirements approved by order of the Ministry of Construction of Russia dated July 31, 2014 No. 411 / pr.

The prepared document is sent to the regional operator (owner of the special account) within 5 days from the date of its adoption and comes into force in the following terms:

• if the FCR is withdrawn from the accounts of the regional operator and transferred to a special account - the decision comes into force after 1 year from the day it was sent to the addressee;
• if the FCR is transferred from a special account to the accounts of a regional operator - after 1 month from the date of sending the decision to the owner of the special account.

Then, within 5 days from the date of entry into force of the above decision, the regional operator (the owner of the special account) is obliged to transfer the savings to the new "manager" of the FKR, as well as transfer all documents and information related to the formation of the fund.

Who Should Pay the Contributions for Overhaul

The obligation to pay contributions to the KR rests with all owners of residential and non-residential premises in the MKD.

Do not pay contributions:

• tenants of state (municipal) housing;
• owners of premises in MKD, which in established order recognized as emergency and subject to demolition (reconstruction);
• owners of premises in a house located on a land plot subject to seizure for state (municipal) needs (in this case, owners are exempted from paying contributions from the month following the month in which the executive authorities decided to seize the land plot).

What will happen if the fees are not paid

In accordance with Art. 210 of the Civil Code of the Russian Federation, as well as clause 1 of Art. 39 of the RF LC, owners of premises in an apartment building are obliged to bear the burden of the cost of maintaining the common property of the house.

According to sub. 2 p. 2 art. 154 of the Housing Code of the Russian Federation, contributions for major repairs are included in the payment for utilities.

In addition, in accordance with clause 14.1. Art. 155 of the Housing Code of the Russian Federation, owners of MKD premises who have not paid contributions on time or in full, are obliged to transfer to the FCR penalties calculated as 1/300 of the refinancing rate of the amount owed, starting from the 31st day following the day of the due date of payment, until the day of actual payment.

Collection of arrears of contributions may be carried out in judicial procedure.

It should be noted that, in accordance with the resolution of the Constitutional Court of the Russian Federation dated 04/12/2016 No. 10-P, the provisions of the Housing Code of the Russian Federation, securing the obligation of owners to pay contributions for the overhaul of the common property of an apartment building, are recognized as not contrary to the Constitution of the Russian Federation. This regulation is valid and not subject to appeal.

When the obligation to pay capital repair contributions arises

If the MKD was included in the regional capital repair program at the time of its placement in the GIS system of housing and communal services, then for the first time the owners must pay a contribution to the KR after the expiration of the period established by the law of the subject of the Russian Federation.

The RF Housing Code (clause 3 of Art. 169) gives the regional authorities the right to establish such a period within the range of 3 to 8 months, starting from the month following the month of the official publication of the program.

If we are talking about a new building, that is, about a house that was commissioned after the official publication of the regional program and was added to it when the information was updated at the end of any year, then the owners will pay a fee for the first time 5 years after the inclusion of the MKD in program (if more early date not established by the law of the subject of the Russian Federation).

"Postponement" of payment of contributions

Summarizing the above, the following can receive a "temporary grace period" for the payment of contributions for overhaul:

• owners of premises in new buildings (up to 5 years from the moment the MKD was included in the overhaul program);
• owners (who form the RCF on a special account) who have accumulated the required minimum amount and decided to suspend the payment of contributions to the RC.

In addition, if the owners, who form the FCR on the accounts of the regional operator, performed any type of work on the overhaul of their house ahead of schedule with personal additional funds (without attracting budget money and funds of the regional operator), and the work performed, in accordance with the regional program, must be carried out in respect of MKD only once (that is, there is no reason for postponing the work to a later period), then the amount of expenses incurred can be set off against the fulfillment of future obligations to pay contributions to the RCF.

Benefits and subsidies for the payment of contributions

In accordance with clause 2.1. Art. 169 of the Housing Code of the Russian Federation, regional law may establish compensation for the costs of paying contributions in the following amount:

At the same time, social support measures are provided taking into account the regional standard of the regulatory area living quarters and are calculated based on minimum size contributions established by the law of a constituent entity of the Russian Federation.

The executive authorities can also own initiative provide compensation for the costs of paying contributions to the Kyrgyz Republic to other categories of citizens.

For example, in accordance with clause 4.2. (1) of the Decree of the Moscow Government No. 833-PP, a discount of 50% of the amount of contributions to the KR is established for:

• disabled people (families with disabled children);
• honorary donors;
• persons who served in the city and workers at the enterprises of Moscow in 1941-1942;
• large families, etc.

In addition, given that contributions for overhaul are included in utility bills, they are fully covered by the procedure for granting subsidies for housing and communal services. poor families(for lonely citizens), approved by the decree of the Government of the Russian Federation of 12/14/2005 No. 761.

When the paid contributions to the RC can be returned

In accordance with paragraph 2 of Art. 174 of the Housing Code of the Russian Federation, in the event that the MKD is recognized as emergency and subject to demolition, the funds of the FCR, minus the amounts previously spent on the overhaul of this house, and the amounts spent on its demolition, are subject to distribution among the owners in proportion to the amount of contributions paid by them.

Similarly, funds are distributed and returned from the capital repair fund formed by the owners of a house located on a land plot, which is withdrawn for state (municipal) needs.

Note: the right of the owner of the premises in the MKD to a share Money stored in a special account follows the fate of the ownership of this premises. That is, when selling an apartment, the owner cannot claim a refund of the fees paid by him for the entire period of ownership of this property.

In addition, when the ownership of the apartment is transferred, the arrears of contributions to the Kyrgyz Republic, timely outstanding by the previous owner, are also transferred to the new owner.

List of works on overhaul of MKD

In accordance with paragraph 1 of Art. 166 of the Housing Code of the Russian Federation, the list of works financed by the FKR, formed on the basis of the minimum amount of contributions, includes major repairs:

1. Roofs.
2. Facade.
3. The foundation.
4. Basements.
5. Elevator shafts, machine and block rooms, elevators (including their modernization).
6. Engineering systems (sewerage, electricity, gas, heat, water supply).

The executive authorities of the constituent entity of the Russian Federation, on their own initiative, may include additional services in this list:

• insulation of the facade;
• device of exits to the roof;
• installation of collective metering devices (automated measuring systems) of consumed resources and control units for this equipment;
• conversion of a non-ventilated roof to a ventilated one;
• replacement (restoration) of carriers building structures and engineering networks;
• other services not named in Art. 166 LCD RF.

List of works on the KR, which can be financed from the regional budget as a measure state support, is determined by the law of the subject of the Russian Federation.

If the owners of the premises of the MKD have decided to pay contributions to the FCR in an amount exceeding minimum rate established by local legislation, then they have the right, at their own discretion, to use the "over-limit" part of the FCR to finance any services for the overhaul of the common property of MKD.

The procedure for carrying out a planned overhaul in an MKD

6 months (or earlier, if a different period is provided for by regional legislation) before the onset of the year in which the overhaul is to be carried out in accordance with the regional program, the owner of the special account (regional operator) submits a proposal for discussion by the owners:

• on the start date of the CD;
• about required list works;
• about the cost of such work;
• about the sources of their financing, etc.

The owners of the MKD premises no later than 3 months (unless another period is established by the law of the constituent entity of the Russian Federation) from the moment of receipt of the above proposal must hold a general meeting and approve:

• list of works on CD;
• the maximum allowable cost of overhaul based on the standard established by regional legislation;
• the person who will accept the work performed on behalf of all owners of the MKD premises and sign the relevant acts.

In addition, if the FCR is formed on a special account, you will additionally need to approve:

• the timing of the overhaul;
• sources of its funding.

If the owners of the premises in the MKD, who form the FKR on the accounts of the regional operator, have not made a decision within the prescribed time frame, then the period for the overhaul is appointed by the local government in accordance with the current regional program.

If the owners of real estate, forming the FCR on a special account, did not carry out the overhaul of the MKD before the expiration of the deadline provided for by the regional program, and these works were necessary to maintain the normal operational state of the common property of the house, the local authorities transfer the management of the FCR funds to the regional operator.

The owner of a special account, who received a notification of “suspension” from the FCR management, is obliged to transfer the savings to the account of the regional operator within 1 month from the date of receipt of such notification. Further, repair work is carried out by the regional operator within the timeframes stipulated by the KR program.

In the case when the overhaul is carried out by a regional operator, then after 10 days from the date of signing the acceptance certificate of the work performed, the operator must transfer to the person managing the apartment building (UK, HOA, ZhSK), a package of documents, including:

• copies of design and estimate documentation;
• service contracts (work contracts);
• acts of acceptance and transfer of work performed;
• other documents related to the conduct of KR, with the exception of financial documentation.

Urgent overhaul in case of emergency

In the event of an accident or other emergency of a natural or man-made nature, the decision to carry out a CD is made in accordance with the procedure approved by regional legislation.

For example: in the capital, the rules for conducting an urgent emergency KR are in force, approved by the decree of the Moscow Government dated 05.09.2017 No. 630-PP.

As a rule, in such cases, capital repairs are carried out immediately, without inclusion in the short-term plan for the implementation of the regional program of the Kyrgyz Republic, but only in volumes sufficient to eliminate the consequences of an accident (natural or man-made disaster).

This procedure applies only to MKD, the owners of which have chosen the method of forming the FCR on the accounts of the regional operator.

At the same time, the owners of premises in a house, the PCR of which is accumulated on a special account, have the right to request measures of state support in the form of a subsidy in order to reimburse part of the costs of conducting a CD.

How to postpone the overhaul to an earlier time

The owners, who form the FCR on the special account, can carry out an early CB at any time if there are “over-limit” funds on the account.

If the FCR is formed on the accounts of the regional operator (the required amount has not been accumulated on the special account), then the owners wishing to carry out any type of overhaul earlier than the period approved by the regional program will need to justify the need for unscheduled work.

Procedure:

1. The owners of premises in MKD apply to their MC and hold an extraordinary general meeting of owners, at which a list of structural elements and engineering systems of the house requiring major repairs (roof, cold water supply system, heating, etc.) is approved.
2. The Criminal Code, on behalf of the owners, engages a specialized organization to carry out a technical survey of the common property of MKD, which is subject to urgent repair.
3. According to the results of the survey, the experts of the specialized organization draw up technical conclusion with the calculation of the physical deterioration of structures (engineering systems), corresponding to the departmental building codes (VSN 53-86r), approved by the order of Gosgrazhdanstroy dated 24.12.1986 No. 446.
4. The Criminal Code submits a package of documents for consideration to the local executive authority (its department that controls the implementation of the Kyrgyz Republic program).
5. If the decision of the authority on the applicant's appeal is positive, then the MKD will be included in the short-term plan of the Kyrgyz Republic, that is, when the regional program is updated, the period of repair work will be postponed to an earlier period.

Further, if the RCF is formed through a regional operator, he is obliged to complete the RC within the agreed time frame. If the FCR is formed on a special account, the owners have the opportunity to dispose of the savings and carry out the necessary repair work.

Complaint about poor quality overhaul

In the case when the FKR is formed on a special account, the owners of premises in the MKD independently search for and attract contractors to carry out the RC (as a rule, such functions on behalf of the owners of the house are performed by the management company, which acts as the owner of the special account).

That is, the relationship between the customer and the performer of the work is governed by the provisions enshrined in the work contract (provision of services). Therefore, the primary complaint is sent by the owners to the owner of the special account, who, in turn, must file a claim against the contractor.

If the RC is formed on the account of a regional operator, then the regional operator is responsible for the quality of the RC.

In a situation where "initial" appeals did not lead to the desired result, you need to write complaints to higher authorities:

• to the authorized department of the local government (Housing Inspectorate);
• to Rospotrebnadzor;
• to the prosecutor's office;
• to court.

List of sources

1. "Housing Code Russian Federation"Dated December 29, 2004 No. 188-FZ (as revised on December 27, 2019).

2. Resolution of the Moscow Government dated December 29, 2014 No. 833-PP as amended by the Moscow Government Resolution No. 1597-PP dated December 3, 2019 “On establishing the minimum contribution for the overhaul of common property in apartment buildings in the city of Moscow” (together with the “List works and (or) services for the overhaul of common property in apartment buildings on the territory of the city of Moscow, the provision and (or) performance of which is financed from the capital repair funds formed based on the minimum contribution for overhaul ”).

3. Order of the Ministry of Construction of Russia dated July 31, 2014 No. 411 / pr "On approval of the approximate terms of the contract for the management of an apartment building and guidelines on the procedure for organizing and holding general meetings of owners of 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 checking the constitutionality of the provisions of Part 1 of Article 169, Parts 4 and 7 of Article 170 and Part 4 of Article 179 of the Housing Code of the Russian Federation in connection with the requests of groups of deputies of the State Duma" ...

5. Article 210 of the Civil Code of the Russian Federation. The burden of maintaining property.

6. Order of the Goskomarkhitektura dated 23.11.1988 No. 312 "On the approval of departmental building codes of the Goskomarkhitektura" Regulations on the organization and implementation of reconstruction, repair and maintenance of residential buildings, communal and socio-cultural facilities "(together with VSN 58-88 (p Departmental building codes... Regulations on the organization and implementation of reconstruction, repair and maintenance of buildings, communal and socio-cultural facilities ").

7. Decree of the Moscow Government dated December 29, 2014 No. 832-PP (as amended on February 26, 2019, as amended on November 12, 2019) "On the regional program for capital repairs of common property in apartment buildings in the city of Moscow."

8. Decree of the Government of the Russian Federation of 14.12.2005 No. 761 "On the provision of subsidies for the payment of housing and utilities."

9. Resolution of the Moscow Government dated 05.09.2017 No. 630-PP "On approval of the Procedure for making a decision on the overhaul of common property in apartment buildings in the city of Moscow in the event of an accident, other emergencies natural or man-made ”.

10. “Departmental building codes. Rules for assessing the physical deterioration of residential buildings. VSN 53-86 (p) "(approved by the Order of the State Civil Construction Committee under the USSR State Construction Committee No. 446 of 24.12.1986).

Who carries out the "acceptance" of the work? Can residents express their dissatisfaction with the work carried out, and how is this taken into account?

With any method of accumulating funds for overhaul, representatives of the owners, authorized by the general meeting, participate in the acceptance of work.

It is important not to approach the choice of such a person formally, it is better that he has a technical or construction education, perhaps experience in the construction industry. Technical features of the acceptance of work will be checked by specialists construction control in the course of the work, the owners can evaluate the visual performance (for example, the absence of cracks and chips after the repair of the facade, gaps during the repair of the roof, all engineering networks are removed in boxes or fixed, and do not hang out along the entrance).

If the capital repair fund was formed on the account of a regional operator, then the regional operator is obliged to accept the work within the framework of the functions assigned to him by law, while he creates a special commission with the participation of representatives of the authorities that manages the given apartment building of the organization or the HOA / housing cooperative, as well as representatives of the owners, authorized by the general meeting.

In any case, you should express all your comments, insist that the representative of the regional operator (or contractor) fix them in writing. After fixing the comments (if they are justified), it is necessary to determine the deadline for their elimination and then appoint a re-acceptance of work.

The warranty period for all overhaul work performed must be at least five years from the date of signing the acceptance certificate.

Material prepared with the participation ofnHead of the housing department of the managing organization "VK Comfort" Zarema Ablyamitova and press secretary of the Association of Regional Operators of Major Repairs of Multi-Apartment Buildings (AROCR).

If the owners collect funds on a special account, then who and how is obliged to report to the owners for the funds and work performed?

In the event of the formation of a capital repair fund on a special account, all decisions on the conduct of capital repairs, the selection and involvement of contractors, the procedure for spending funds from the special account, the creation of various commissions, the selection of authorized persons for the acceptance of work taken by the owners themselves on their general meeting.

In this case, the managing organization can give any recommendations and suggestions, but the final decision is made by themselves. owners, they are also customers of work under contracts with contractors.

The owner of the special account and the bank in which it is open provide full information about operations on the special account to any owner of the premises in the house who has made a request.

If, during the overhaul of a house, access to apartments and partial damage to the repair is required (say, they will hammer the walls when replacing pipes), then should they somehow compensate for this or help in restoring the repair?

IN housing code, which regulates the issues of capital repairs in apartment buildings, such an obligation is not stipulated, but since all work is carried out by contractors on a contractual basis. The costs of refurbishing apartments after major renovations are not included in work paid for by contributions for major renovations.

At the same time, in the event of damage to property through the fault of the contractor (spilling an apartment after repairing the roof), compensation for damage is the responsibility of the contractors. Also, the work performed has a warranty period (5 years) during which the identified defects must be eliminated by the contractor at their expense.

If, in order to carry out repair work, the contractor requires signing an agreement for access to the apartment (say, if the risers are being repaired), but the regoperator did not ask or warn the residents. Do they have the right to refuse?

Since major repairs are carried out in relation to the common property of all owners of the house, and it consists, among other things, of engineering networks, communications and equipment, access to which in some cases is possible only from the owner's premises, then of course the owner is obliged to provide it (there is already positive arbitrage practice on this issue).

But since the terms of providing such access during major repairs are not legally established, it is reasonable to discuss this issue at the general meeting of owners, it is possible to draw up and approve at the general meeting a schedule for providing owners with access to their premises.

Before carrying out a major overhaul, should the regoperator agree with the tenants on the list of work to be carried out, the work schedule, the amounts spent?

Yes, the regional operator has such a duty. Together with the proposal to carry out major repairs, the owners are sent a defective statement and (or) an estimate for the work planned to be carried out, which are subject to agreement. In the future, these documents are the basis for conducting trade procedures and concluding an agreement with a contractor.

However, it should be noted that the value of the contract can change both upward and downward. This circumstance is associated with a "drop" in price during the auction, with the need to carry out additional work, which were revealed only when entering the facility.

The work schedule is usually an appendix to the contract between the regional operator (owners in the case of a special account) and the contractor.

If the registrar refuses to provide information on savings and expenses - is it legal?

This obligation is stipulated by law; accordingly, in case of the Regional Operator's evasion from providing the requested information, you can contact the prosecutor's office.

How can you control, check the accumulation of funds for overhaul on the regoperator's account?

Also, at the request of either the owner or the management organization / HOA / Housing Cooperative to the Regional Operator. He is obliged to provide comprehensive information on the amount of charges and payment of contributions for capital repairs both for the premises separately and for the apartment building as a whole (depending on the request). In addition, such information is posted by the Regional Operator and on its website. In the city of Moscow, it can be obtained on the portal of urban services pgu.mos.ru in the section "Get information from the Capital Repair Fund".

Most regional operators have implemented the function of providing information about payments through services on their websites personal account... However, you can always contact the regional capital repair fund through your authorized person for the home to obtain this information.

It is also worth noting that certain requirements are applied to banks in which contributions for capital repairs are kept, designed to ensure the safety of savings. For example, the quantity own funds a credit institution cannot be less than 20 billion rubles; credit organisation must participate in the system compulsory insurance deposits of individuals.

How can residents of the house control the accumulation of funds for overhaul in the case of a special account?

When choosing a rush as a method of forming a capital repair fund, the owners' money is accumulated in a special account in the bank, determined at the general meeting of the house owners.

The owner of a special account according to the RF Housing Code can be 1) a homeowners' association that manages an apartment building and is created by the owners of premises in one apartment building or several apartment buildings; 2) the housing cooperative that manages the apartment building; 3) a management organization that manages an apartment building on the basis of a management agreement.

The owners of premises in an apartment building have the right to decide on the choice of a regional operator as the owner of a special account.

Do not forget that the Housing Code of the Russian Federation provides for the obligation of the owner of a special account to submit to the state housing supervision authority in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the amount of funds accrued as contributions for major repairs, information on the amount of funds received as contributions for overhaul, information on the amount of funds spent on overhaul from a special account, information on the amount of the balance on a special account, information on the conclusion of a loan agreement and (or) loan agreement to carry out major repairs with the attachment of certified copies of such contracts.

Housing legislation also establishes that the owner of a special account of a house, as well as the bank in which it is opened, are obliged, at the request of any owner of the premises in this house, to provide information on the status of the account, on the balance of funds on the account, on contributions received to the Kyrgyz Republic, on all transactions on account.

In this connection, the overhaul fee may increase (and in what cases is it legal)?

According to the RF LC, the amount of the overhaul contribution (the so-called minimum amount) is established by the state authorities of the constituent entity of the Russian Federation and is changed on the basis of their regulatory legal acts. Single rate not for all regions, that is, owners in each region pay different amounts.

So, for example, the most low size the contribution is established in the Komi Republic - 2.45 rubles and in St. Petersburg - 2.97 rubles.

In Moscow, at the moment, the minimum contribution is 15 rubles per 1 square meter premises per month, and already from 01.07.2017 it will increase to 17 rubles on the basis of a decree of the Moscow Government.

There is a certain list of overhaul work, which is carried out at the expense of funds accumulated based on this minimum contribution.

If the owners want to complete work in excess of this list or the terms previously established by the regional program, then the law provides that they can make a decision at the general meeting to increase the contribution for overhaul.

Do residents (tenants) of municipal apartments need to pay for overhaul?

No, the obligation to pay contributions for major repairs lies solely with the owner of the premises, which in this case relates to state property(departmental or other categories). The employer pays nothing in a particular situation.

However, the employer is obliged to pay for the maintenance and repair of the house (we are talking about current repairs).

In the course of the current financial and economic activities of the institutions of the power departments, in order to maintain the normal technical and operational characteristics of the buildings and structures assigned to them, they carry out current and major repairs, and sometimes reconstruction and construction of new objects of fixed assets. Let's talk about what institutions should pay attention to when carrying out repair work.

Conceptual apparatus

Before proceeding directly to the repair work, the institution should determine what type of work to be performed: capital (current) repair or reconstruction. Indeed, in the event of incorrect qualification of work and payment of the wrong type of expenses, the institution may be held liable for misuse of funds.

To do this, it is necessary to refer to the regulatory legal acts regulating activities in the field of construction, since the current accounting and tax law does not contain definitions of these concepts.

In accordance with clause 3.8 MDS 81-35.2004, overhaul of buildings and structures includes work on the restoration or replacement of individual parts of buildings (structures) or entire structures, parts and engineering equipment due to their physical wear and tear and destruction for more durable and economical, improving their performance.

For reference: preventive (current) repair consists in systematic and timely work to prevent wear and tear of structures, finishes, engineering equipment, as well as work to eliminate minor damage and malfunctions.

In the course of the analysis of the above definitions, it can be concluded that only minor work can be carried out during current repairs, therefore, all major work should be performed during major repairs. For example, partial renovation the roof, taking into account the insignificance of material and labor costs, will be a current repair, and a complete change or replacement of all types of roofs will be capital.

According to clause 3.4 of MDS 81-35.2004, during the reconstruction (reorganization) of the existing workshops of the enterprise and objects of the main, auxiliary and service purposes, as a rule, without expanding the existing buildings and structures of the main purpose, associated with the improvement of production and an increase in its technical and economic level and carried out on a comprehensive project for the modernization of the enterprise in order to increase production capacity, improve quality and change the range of products, mainly without increasing the number of employees while improving their working conditions and safety environment the following activities can be carried out:

• expansion of individual buildings and structures of the main, auxiliary and service purposes in cases where new high-performance and more advanced equipment in terms of technical indicators cannot be placed in existing buildings;
• construction of new and expansion of existing workshops and auxiliary and service facilities;
• construction on site operating enterprise new buildings and structures of the same purpose instead of the liquidated ones, the further operation of which for technical and economic conditions recognized as inappropriate.

Thus, if an institution plans to replace the roof covering, this will be recognized as a repair (current or major), and if it wants to equip workrooms in the attic or build an attic on the roof, then these works will already be a reconstruction.

Note that there are similar norms in the Town Planning Code.

The list of the main works carried out during the current and major repairs in relation to objects of the social and cultural sphere is given in VSN 58-88 (p), and in relation to objects of the production sphere - in MDS 13-14.2000.

In accordance with clause 1.1 of the VSN 58-88 (p), this provision applies to communal and socio-cultural facilities, regardless of the form of ownership. According to Appendix B to SP 118.13330.2012 “ Public buildings and structures. The updated version of SNiP 31-06-2009 ", approved by the Order of the Ministry of Regional Development of the Russian Federation of December 29, 2011 No. 635/10, to buildings and public premises include:

• buildings and structures for facilities serving the population;
• buildings of facilities for servicing society and the state (in particular, buildings of courts and prosecutors, as well as law enforcement organizations (police, customs)).

Note: the list of additional work carried out during the overhaul is given in Appendix 9 to VSN 58-88 (p).

According to clause 5.1 VSN 58-88 (p), overhaul should include the elimination of faults of all worn-out elements, restoration or replacement (except for the complete replacement of stone and concrete foundations, load-bearing walls and frames) into more durable and economical ones, which improve the performance of the buildings being repaired. At the same time, an economically feasible modernization of a building or an object can be carried out: improving the layout, increasing the number and quality of services, equipping with the missing types of engineering equipment, and improving the surrounding area.

When reconstructing buildings (objects), based on the prevailing urban planning conditions and current design standards, in addition to the work performed during major repairs, the following can be carried out:

• changing the layout of the premises, erection of superstructures, built-in, outbuildings, and if necessary justification is available, their partial disassembly;
• raising the level of engineering equipment, including the reconstruction of external networks (except for trunk lines);
• improvement of the architectural expressiveness of buildings (objects), as well as the improvement of adjacent territories.

When reconstructing communal and socio-cultural facilities, it may be envisaged to expand existing and construct new buildings and structures for auxiliary and service purposes, as well as the construction of buildings and structures of the main purpose that are part of the facility complex, instead of those being liquidated.

The list of the main works performed during the current repair is presented in Appendix 4 to VSN 58-88 (p).

Justification of the work carried out

Particular attention should be paid to the issues of the validity of the repair work. According to paragraph 6 of Art. 55.24 of the Civil Code of the Russian Federation in order to ensure the safety of buildings and structures during their operation, institutions must ensure Maintenance buildings, structures, their operational control and current repair.

Operational control over the technical condition of buildings and structures is carried out during the period of their operation through periodic inspections, control checks and (or) monitoring the condition of foundations, building structures, engineering support systems and engineering support networks in order to assess the state of the structural and other characteristics of the reliability and safety of buildings, structures, systems and engineering support networks and the compliance of these characteristics with the requirements of technical regulations, project documentation.

For reference: on the basis of clause 3.2 VSN 58-88 (p), the inspections carried out are divided into scheduled and unscheduled. In turn, scheduled examinations are divided into general and partial.

During general examinations, the technical condition of the building or the object as a whole, its systems and external improvements is monitored, with partial examinations - the technical condition of individual structures of the premises, elements of external improvement. Unscheduled inspections should be carried out after earthquakes, mudflows, showers, hurricane winds, heavy snowfalls, floods and other natural phenomena that can cause damage to individual elements of buildings and objects, after accidents in heat, water, energy supply systems and when deformations are detected grounds.

Note: general examinations should be carried out twice a year (in spring and autumn).

To carry out these inspections, the institution should create a commission, and their results should be reflected in the documents for recording the technical condition of the building or object (technical condition logs, special cards, etc.). These documents must contain an assessment of the technical condition of a building or an object and its elements, identified malfunctions, their locations, the reasons that caused these malfunctions, as well as information about the repair work performed during inspections. Generalized information about the condition of a building or object should be reflected annually in its technical passport.

The basis for the repair work should be the property inspection certificates and defective statements (defective statements) (Letter of the Ministry of Finance of the Russian Federation dated 04.12.2008 No. 03-03-06 / 4/94). In order to conduct inspections in the institution, it is necessary to form a commission or appoint responsible persons. IN defective statement it is advisable to show the following information:

• identification data of an item of fixed assets ( inventory number, brief description object, its location, etc.);
• identified defects and deficiencies;
• a list of necessary work to bring the object of fixed assets into working condition;
• signatures of the members of the commission conducting the inspection.

At the same time, in our opinion, it is advisable to approve the forms of documents in accounting policies institutions. As an example, you can use the act on detected equipment defects, which is drawn up in the OS-16 form, approved by the Resolution of the State Statistics Committee of the Russian Federation of January 21, 2003 No. 7.

Note: shape these documents not approved. This means that these documents can be drawn up in any form.

Repair work can be carried out both by the employees of the institution (within the framework of the performance of their official duties), and with the involvement of third-party organizations. Recall that the involvement of a third-party organization should be carried out in accordance with the procedures provided for federal laws dated 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - the Law on the contract system) and dated 18.07.2011 No. 223-FZ "On the procurement of goods, works , services by certain types of legal entities ".

Design and permitting documentation

After the institution has decided on the shortcomings that must be eliminated, an estimate is drawn up for the repair work and is concluded government contract based on the procedures provided for by the Law on the Contract System. Recall that the construction contract must determine the composition and content of technical documentation, and also it should be stipulated which of the parties and in what time period must submit the relevant documentation.

The basis for determining the price of a contract for the construction, reconstruction, overhaul or current repair of the facility capital construction is the project documentation (including estimated cost works), developed and approved in accordance with the legislation of the Russian Federation.

By virtue of Art. 48 of the Civil Code of the Russian Federation, project documentation is documentation containing materials in text form and in the form of maps (diagrams) and defining architectural, functional and technological, constructive and engineering solutions for the construction, reconstruction of capital construction objects, their parts, overhaul, if during its implementation the structural and other characteristics of the reliability and safety of capital construction objects are affected.

The composition of the design documentation is given in Part 12 of Art. 48 of the Civil Code of the Russian Federation and the Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 "On the composition of sections of project documentation and requirements for their content." In the event of a major overhaul of capital construction facilities, individual sections of the project documentation are prepared on the basis of an assignment from the developer or customer, depending on the content of the work performed during the overhaul of capital construction facilities.

Note: it should be borne in mind that in the case of ongoing repairs, only an estimate is sufficient to justify the cost of work.

In accordance with Art. 49 of the Civil Code of the Russian Federation, design documentation of capital construction objects is subject to state examination. Examination of design documentation is not carried out if construction, reconstruction does not require obtaining a construction permit, as well as when this examination is carried out in relation to the design documentation of capital construction objects, which received a positive conclusion state expertise and reapplied, or modification of this design documentation, which does not affect the structural and other characteristics of the reliability and safety of facilities.

After receiving a positive conclusion of the state expertise, the project documentation is approved by the developer or customer.

According to paragraph 2 of Art. 51 of the Civil Code of the Russian Federation, construction, reconstruction of capital construction facilities are carried out on the basis of a construction permit.

Registration of completed works

Let us remind you that payment for the work performed must be carried out in accordance with the procedure established by the concluded contract. It should be remembered that according to Part 3 of Art. 94 of the Law on the Contract System, in order to check the results provided by the supplier (contractor, performer), provided for by the contract, in terms of their compliance with the terms of the contract, the institution is obliged to conduct an examination. The examination of the results stipulated by the contract can be carried out by the institution on its own, or experts, expert organizations can be involved in its conduct on the basis of contracts concluded in accordance with the Law on the Contract System. In the case of repair work, the examination should be carried out in the form of control measurements of the work performed.

Note: in the event that the documents do not fully contain the above information about the work in the past, in a duplicate work book only the information available in the documents is entered.

The essence of this check is to compare the actually performed volumes of work in kind (at the construction or repair facility) with the same volumes indicated in the acts in the form of KS-2.

The initial documents for carrying out control measurements are:

• acts of work performed in the form of KS-2, which reflect the types and cost of the work performed;
• acts for hidden work.

According to Part 7 of Art. 94 of the Law on the Contract System, acceptance of the results of a separate stage of the execution of the contract, as well as the delivered goods, work performed or services rendered is carried out in the manner and terms established by the contract, and is drawn up by an acceptance document, which is signed by the customer (in the case of an acceptance commission, it is signed by all members of the acceptance committee and approved by the customer), or the customer within the same time frame sends to the supplier (contractor, performer) a reasoned refusal to sign such a document in writing.

In practice, there are cases when it is necessary to carry out additional work that was not initially foreseen. It should be remembered that when concluding and executing a contract, changing its conditions is not allowed, except as provided for in Art. 34 and 95 of the Law on the contract system.

In accordance with paragraphs. "B" clause 1, part 1 of Art. 95 of the Law on the Contract System amending essential conditions of the contract during its execution is possible if, at the suggestion of the customer, the amount of goods provided for by the contract, the volume of work or services is increased by no more than 10%, or the amount of the supplied goods, the volume of work performed or the service provided, is reduced by no more than 10%. At the same time, by agreement of the parties, it is allowed to change, taking into account the provisions of the budgetary legislation of the Russian Federation, the price of the contract in proportion to the additional amount of goods, additional volume of work or service based on the price of a unit of goods, work or service established in the contract, but not more than 10% of the contract price.

When reducing the amount of goods, the amount of work or service provided for by the contract, the parties to the contract are obliged to reduce its price based on the unit price of the goods, work or service. The unit price of additionally supplied goods or the price of a unit of goods with a decrease in the amount of supplied goods provided for by the contract should be determined as a quotient from dividing the original contract price by the amount of such goods specified in the contract.

So, if it is necessary to increase or decrease the scope of work stipulated by the contract by the customer (if such a possibility was established by the procurement documentation) during the execution of the contract, it is possible to increase or decrease the amount of work on certain items of the local estimate calculation by no more than 10% based on the price set in the contract units of work volume. In this case, the total cost of the estimated calculation should be changed in proportion to the additional volume of work, but not more than 10%.

As for the emergence of the need to perform work not provided for by the contract, in order to carry it out, the institution needs to carry out a new procurement by competitive methods of determining the supplier (contractor, executor), established by the Law on the contract system.

To reflect transactions in the accounting (budget) accounting of fixed assets transferred (received) for repairs, the acceptance certificate of the repaired, reconstructed and modernized fixed assets (f. 0504103) should be applied (hereinafter - the act (f. 0504103)) ...

The act (f. 0504103) contains information about the timing of work under the contract and actually information about the object of fixed assets and the costs of carrying out work on repair, reconstruction and (or) modernization.

The first copy of the act remains in the institution, the second copy is transferred to the organization that carried out the repair. The act is signed by members of the acceptance committee or by a person authorized to accept items of fixed assets, as well as by a representative of the organization ( structural unit), which carried out repairs, reconstruction. It is approved by the head of the organization or a person authorized by him and submitted to the accounting department.

Note: if the repair is carried out by a third-party organization, the act is drawn up in two copies.

If the repair work is carried out by the employees of the institution in accordance with their official duties, the costs are made out as follows unified forms primary documentation:

• consumption of materials - an act on the write-off of inventories (f. 0504230);
• labor costs - by the time sheet (form 0504421), payroll and payroll (form 0504401, 0504403).

The result of work on the repair of an item of fixed assets that does not change its value, including the replacement of elements in a complex item of fixed assets (in a complex of structurally articulated items that represent a single whole), is subject to reflection in the register accounting- inventory card of the object non-financial assets(f. 0504031) of the corresponding object of fixed assets by making entries about the changes made without reflecting on the accounting accounts (clause 27 of Instruction No. 157n).

The write-off of inventories used in the process of work, acquired by the customer independently and transferred to the performer (contractor), is drawn up by an act of write-off of inventories, which is drawn up on the basis of the list of materials used during the work, indicated in the acceptance certificate of repaired, reconstructed, modernized fixed assets ...

In conclusion, we note once again that in the course of the repair work, the parts out of order, parts are replaced with new ones, while the functions of the fixed asset do not change, that is, such a replacement does not expand or increase the capabilities of the fixed asset object and does not improve it. specifications... In the course of the reconstruction, the originally adopted normative performance indicators are improved (increased). The costs of the reconstruction of an item of fixed assets after its completion increase initial cost such an object.

Any structure has its own duration of operation. The presence of measures to maintain the condition of the building in a satisfactory form of any nature - current or capital, is reflected in the main characteristics of the premises.

And if current repair is an action that prevents serious destruction, then overhaul is a set of measures that are aimed at replacing, as well as restoring and modernizing the structures of the MZD and communication elements, due to their physical deterioration.

The procedure for carrying out major repairs is determined and its purpose is to improve the structure without making any changes to the building parameters of the object.

Updating multi-storey building of a capital nature, which is provided according to the implementation of specialized organizations assigned to residential real estate.

Determining the importance of performing work is the direct responsibility of the profile commission. The specialists of the invited departments, having studied the data of the inspections carried out, draw up an act with recommendations on the need to initiate updates. In most cases, the building is inspected with access to the site.

Upon receipt of recommendations for the implementation of the CD, the final decision is made at a general meeting of homeowners, initiated by the communal office, which received the final document. Residents should determine the need to implement the capital, the amount of implementation, the duration of the implementation of the recommendations and the procedure for financing.

The resulting decision of the general meeting is documented in the prescribed manner and the housing office can hire a contractor. Residents have the right to refuse to perform the acts if the provided estimate of the said repair or materials is not justified and, in the opinion of residents, is overstated.

However, if it concerns the overhaul of unsafe emergency communications or equipment of the elevator economy, then it is better not to delay the implementation. Can be connected to activities for choosing builders and purchasing materials initiative group tenants, perhaps, thereby reducing the total cost of the overhaul.

Who accepts the completed work of the Kyrgyz Republic

All performed activities are subject to mandatory acceptance. The procedure for the acceptance of works is as follows:

• a week before the expected end of the action, the contractor notifies the ordering party.
  • If the customer is a regional operator, it is he who creates the acceptance committee and is himself responsible for drawing up the construction control act of the object.
  • In the case of an order from the owner of the premises, the responsibility for inviting the acceptance committee lies with him.
• a study of the work performed is carried out on site. If a marriage is found, it is liquidated at the expense of the guilty party;
• simultaneously with the acceptance certificate, a guarantee of the work performed is issued. The warranty period, which starts counting from the date of acceptance of the object, is five years. In the event of a warranty situation, you should contact the regional operator or directly to the contractor. At the same time, all breakdowns are eliminated at the expense of the contractor in terms that are better fixed when drawing up a guarantee.

All documents that accompany the execution of events must be drawn up in accordance with existing legislation and meet the requirements of office work.

The importance of correctly drawn up papers lies in the fact that in the event of restoration of one's rights in court, an undefined document or act drawn up not according to the rules may be a reason for not considering the claim of the injured party.