Fee for overhaul. Law on capital repairs of apartment buildings

Every citizen of the Russian Federation knows what the overhaul charge is. However, not everyone thinks about what exactly this fee goes to. For what each of us monthly gives a certain amount of money to the housing office? How should the capital apartment house be overhauled, and how is it actually going on? All of these questions will be answered in the article.

The concept of overhaul

Each multi-storey house sooner or later will begin to wear out. In order not to allow an emergency situation, the structure must be timely repaired and modernized. Naturally, the necessary sum of money for repair work will not be taken from nowhere. That's why the residents themselves have to pay for the repair work.

Before giving a description of the legal aspects of the law regulating the repair work of buildings, it is necessary to tell a little more about what is included in the capital repair system. What procedures and functional responsibilities of the housing office can be distinguished here? If it is a question of the minimum set of services and duties of the housing company, then the following functions should be distinguished:

• Replacement, repair or installation of all kinds of intra-house communications; It is heating, water supply, gasification and many other systems;
• Repair or replacement of elevators;
• Repair or installation of a house roof;
• Carrying out works in basements, strengthening the foundation;
• Repair or renewal of the facade - seam sealing, restoration of plaster, replacement or renovation of tiles, repair of gutters, etc.

Thus, the overhaul of an apartment building includes a fairly large number of various works.

General characteristics of capital repair laws

It should be noted right away that at the moment there is no single draft law in Russia dedicated entirely to capital repair. All the functional duties that combine into the overhaul of apartment buildings are governed by a variety of laws and by-laws. Here, and individual items of federal bills, and certain judicial decisions, and some articles of the Housing Code. However, the most important and well-known law is still worth mentioning: this is Federal Law No. 271 - on changes in the Russian Housing Code.

Until 2012, in the sphere of housing, everything was very bad. Confusion consisted of numerous legal contradictions, as well as the lack of a clear system of laws that could regulate the repair of houses. Of course, there was the Housing Code. However, until the appearance in December 2012 of Federal Law No. 271, and with him everything was not as it should be.

What changes followed with the beginning of the validity of the submitted normative act? The main thing that should be noted here is that the payment for major repairs began to be levied on citizens (before the repair was completely handled by the authorities). Whether it is good or not is a controversial issue. However, it is hardly possible to deny the fact that the system of contributions and execution of work has become more convenient. But has it become more just and more qualitative? Attempts to find the answer to this question will be indicated below.

An excursion into the past

As you know, everything is learned in comparison. So, it's worth taking a little to the past and trying to remember how the overhaul system worked before.

Back in the Soviet times, the roof of houses was regularly updated every 15 years, the foundation was repaired every 25 years, and the roofs of the housing and communal services were dealt with every year. In principle, to this day, nothing has changed. Any housing management company sets similar deadlines. If the work is not carried out, then the building will simply acquire an emergency condition, and eventually it will collapse.

In the USSR capital repairs of apartment buildings were entirely on power structures. All buildings were state-owned. Citizens were required to pay a certain amount of money in a timely manner, and the municipality carried out all necessary construction and repair work. However, with the beginning of privatization, caused by the collapse of Soviet power, most of the buildings were taken over by private owners. Henceforth tenants have ceased to pay to bodies of local government.

The complete confusion continued until the beginning of 2000. Many houses became obsolete, became emergency and unsuitable for life. That is why the authorities decided to take bolder measures. The overhaul program was developed. A little later, followed by a law on the overhaul of apartment buildings. Tenants were obliged to pay 5% of the amount necessary to carry out work on the transformation of housing. However, the general trend has not acquired a positive color: to this day, many homes are simply left without maintenance.

Municipal payment for overhaul: size as of 2017

The Russian authorities should pay attention to the European practice, which provides for the obligation of each tenant to create so-called repair capital. A certain amount of money is collected, which is then sent for the implementation of work on the transformation of housing. The advantage of such a system is obvious: all actions with finance remain in sight for every person. There is strict reporting, which allows you to spend money strictly for the purpose; Not a single kopek can go into someone's pocket.

Nevertheless, in the Russian Federation such a scheme would be applied with great difficulty. The main obstacle here is the ordinary poverty of the population. Many citizens simply could not make timely payments due to the banal lack of finance. And what is the current system?

The authorities developed a thirty-year plan (it will be in effect until 2042), according to which the municipality is engaged in collecting funds. The same authority makes a schedule of repair work for each individual house. The law on capital repairs of apartment buildings (Federal Law No. 271) states that it is necessary to pay a minimum of 15 rubles for a housing m ² . Undoubtedly, the authorities speak of "the incredible effectiveness of the system created" and of "thousands of quality renovated houses." Are these statements consistent with today's realities? Each resident must answer this question himself. As a "supporting material" can be given several theses from the relevant bill.

Basic program nuances

Every citizen should remember his housing rights - it is only necessary to open the Housing Code and read some of its provisions. Further, the main theses will be given about what the overhaul charge is. The law speaks of the following points:

• All terms of repair are established directly by the municipality. In the case of violations, citizens have the right to file a complaint. The municipality will collect the commission and, if necessary, will try to repair the building in the required time.

• Capital repair of the house can not be postponed even after the residents themselves have done all the necessary work to update the housing.
• The Commission, consisting of representatives of housing, assesses the major repairs carried out by the municipality.
• The fee for capital repairs is regulated by local government. At the same time, the duty may be subject to adjustment, but only if all tenants are notified of this.

The bill also refers to the main types of benefits that must necessarily be taken into account by local authorities. This will be discussed later.

About privileges

According to the Federal Law No. 271, certain groups of citizens have the right to a number of indulgences. So, some people, about which will be told later, are able to pay the tariff not completely.

What kind of categories of citizens are we talking about? The following citizens may be exempted from the payment for overhaul:

• Families with three or more children;
• Disabled people;
• Families with children with a disability degree;
• Servicemen, or the families of the deceased military;
• Workers in the rear or veterans of the Great Patriotic War;
• Families without a breadwinner;
• Honorary donors;
• Holders of various state awards.

Some other categories of citizens are also worth mentioning here. All of them are registered in Federal Law No. 271.

Decoding of utility tariffs

The cost of a house overhaul consists of many different aspects. Here it is necessary to allocate and the size of housing, and the type of structure, and the presence of certain housing elements (such as elevators, staircases, etc.).

The content of housing and communal services, thus, includes the following minimum:

• Courtyard territory;
• Cleaning and repair of staircases;
• Work with garbage chute;
• Maintenance and repair of the lift system;
• Work with ventilation and sewerage channels;
• Timely removal of garbage from the territory around the house, etc.

If the buildings have some kind of original equipment, or they are located in uncomfortable areas, then the charging for capital repairs may be slightly higher than the established rate. It is also necessary to talk about how the specificity of an apartment house affects the cost of capital repairs. The law regulates the following points:

• Tenants of pre-revolutionary buildings (as a rule, such buildings are cultural objects) should pay about 3 rubles per m ² ;
• People living in "Khrushchev" should pay two rubles per m ² ;
• Citizens living in panel houses of the 60s and 80s should pay 2.2 rubles per square meter;
• Residents of brick houses must pay a minimum of 2.5 rubles;
• People living in modern buildings pay about 2.7 rubles.

Thus, the type of housing construction also significantly affects the cost of ongoing repairs.

Consequences of non-payment of tariffs

Strangely enough, many citizens simply refuse to pay tariffs for overhaul. To do this, they find a variety of different reasons: this is an unfair distribution of finance, and the lack of any "return" from the municipality (because often residents of houses simply do not see any repair work), and poor performance of repairs. Moreover, some people are wondering at all about whether the payment for capital repairs is legal.

In any case, the state dislikes non-payers, and therefore seeks to combat them in every possible way by imposing sanctions. What consequences can the citizen, refusing to pay for services of housing and communal companies, overtake? The most that is simple are fines according to the rate of bank refinancing. It means that a person is obliged to cover late payments even 15% of the required amount of money.

If the case goes completely to court, the following measures can be taken against the citizen:

• House arrest;
• Lack of possibility to take loans in any bank of the country;
• The award of a fine;
• Eviction from the house (but this is an extreme measure, multi-million debts are needed so that the court can deprive the citizen of property).

The simplest example here may look like this: a citizen owns an apartment of 50 m ² ; The debt of a citizen is 3 thousand rubles for a delay of 30 days. The municipality awards a fine of 45 rubles. For a year the fine can grow up to 800 rubles. Thus, no matter what kind of opinion about the capital repair system was a citizen, it is still necessary to pay the required amount of money in a timely manner.

Expert opinion on the system of payment for overhauling

Disputes around the built-up system of payment for capital repairs have been going on for a long time. What is the opinion of most experts?

The real situation, according to most experts, can not be called optimistic. On the one hand, the existing system of payment for capital repairs is practically impossible to change: a thirty-year plan has been adopted, and therefore all the above-mentioned problems will remain unsolved for a long time. The lack of banal transparency in the scheme, the fight against substandard repair work, public control - all this can be fully realized, perhaps, with the European system of overhaul payment. However, such a system can not be effectively applied in the current realities: the level of poverty of the population is still high.

Solution

What can be the solution? The most optimal option - HOA. A new house was built in a certain area. The repair fee is the same as everywhere else. Since the area was recently built, residents do not see the point of giving money to the municipality for some reason. That is why citizens decide to arrange a partnership of housing owners. From now on, all payments become transparent and visible to most of the tenants.

Naturally, under such conditions, many problems can arise. HOA can be organized only if there are really competent and active chairmen of the home. If any, the issue will arise about the availability of the partnership budget. Many immediately there will be a question: is the fee for overhaul obligatory? The answer is definitely positive. Every citizen entering the partnership should, as far as possible, contribute to the development of the housing structure and to maintain it in a "healthy" state.