The law "On major repairs." FZ 271 as amended

To date, about a third of apartment buildings in need of capital repairs. The order of its financing is regulated by the normative act, which came into force on 25.12.2012. Let us now consider its main provisions.

Law 271-FZ "On major repairs"

When this normative act comes into force, the financing of measures to eliminate malfunctions in worn out structural elements of the common property is carried out by means of owners. Earlier this duty was assigned to the fund for reforming the housing and communal services. At present, his activities are reoriented to relocate people from emergency and dilapidated housing. The amount of payment varies depending on the region.

Normative obligations

Law 271-FZ "On major repairs" (as amended) established that until 2014 local authorities should form funds and identify regional operators. The duty of the latter is to conduct appropriate activities in multi-unit buildings and timely submission of reports on the Internet. Despite the fact that everything seems to be clear in the formulation, in practice there are quite a lot of questions. Most of them are connected with the process of collecting and spending the means of the owners.

Specific provisions

For what purpose was the Law 271-FZ "On Capital Repair" passed? The changes that are made by this normative act in the LC are inherently not something new. The fact is that the Civil Code directly establishes the duty of owners to maintain living quarters at their own expense. Federal Law 271-FZ "On overhaul", recognizing payment for performance of works in an apartment building mandatory for owners of premises, establishes a clear mechanism for their implementation in a planned mode.

Relevance of the issue

At the end of 2011 the country had more than 20 million square meters. M of emergency housing and about 80 million square meters. M - old. The share of such facilities in the total housing stock is 3%. Approximately the same number of buildings are actually in an emergency condition, but they are not officially recognized as dilapidated. This is due to the lack of funds from local authorities to resettle citizens from such facilities. In this situation, it was quite logical to adopt Law 271-FZ "On overhaul". The full text of the normative act contains a number of provisions that establish guarantees for the population.

Registers

The issue of the targeted use of funds collected from owners, the Law "On Capital Repair" (FZ 271) decides in two ways. In accordance with the first option, before the end of 2013, regional bodies should form funds and establish a state enterprise - the operator. He will carry out repairs on the means collected from the population. The money in the fund must be deducted according to the plan, which includes each multi-apartment building. Local authorities will form the appropriate lists. Registries should be publicly available so that every citizen can track the progress of the queue. In each subject, for the owners, a specific amount of the amount is set, which must be paid into the fund. At the same time, the regional and federal budgets will co-finance it. This option of collecting money, in its essence, contradicts the Constitution and the Civil Code. In accordance with the regulations, the owner of the housing bears the burden of maintaining his own property, and not someone else's. The law "On major repairs" (FZ 271) actually allows the use of funds collected from one house to work in another according to the approved schedule.

Opening of a special account

The Law on Overhauling (FZ 271) provides for another option for raising funds. In accordance with the norms, HOA can open a special account. The owners will deduct their contributions to it. Of these, accordingly, the capital repair fund will be formed. These funds have a designated purpose. This means that they can be debited from the account solely for repair. If HOA arbitrarily decides to raise the size of the contribution, the owners have the right to apply to the court. A positive aspect when using this option will be that the overhaul is not tied to the plan drawn up by local authorities. Accordingly, it is possible to carry out the necessary measures earlier than is provided for by the schedules. In addition, the owners of the premises independently determine the amount of the contribution. The law "On major repairs" (FZ 271), however, makes a reservation that its size should not be less than the minimum established by the regional normative act. Owners also independently choose the executor of works. They can act as the management company itself, or another organization. The bank transfers money to the contractor only after the act of acceptance is given by the account holder . This document, in turn, must be signed by the representatives of the owners of living spaces, as well as local authorities.

Account owner

As him, according to Art. 175 LCD, may act HOA, which manages a multi-apartment building and is formed by the owners in one or more MKD. At the same time, the number of apartments in the latter should not be more than 30 in the total, if the facilities are located on sections with a common border, engineering communications and other infrastructure components intended for general use. If the powers of the management company go beyond the established framework, the account must be opened with the regional operator or the HOA should be divided into several separate ones.

An Important Moment

If until 2014 the owners could not decide on the option of raising funds, then they will be automatically included in the regional fund. Contributions are mandatory payments. In case of delay, a fine of 1/300 will be assigned from the refinancing rate of the Central Bank. If at the meeting the tenants decide not to contribute, it will be declared illegal. Funds from owners can be collected and in court.

additional information

Law 271-FZ "On capital repairs" establishes that the decision on the implementation of necessary measures is taken by the owners at the meeting. Owners can hold it at any time on the initiative of the person managing the house or providing services for its maintenance, a regional operator or one of the tenants. If suddenly it turns out that there is not enough money to carry out capital repairs, you can take a loan in the bank under the guarantee of the fund, then go to it and pay the contributions to it until the amount you have spent is paid. It should be noted one more point. A HOA that transfers contributions to a regional fund has the right to withdraw from it by opening a special account. If the repair is not yet completed, the money will be transferred to it. If it was produced, but the funds were not enough, and the regional fund paid extra for the work, the HOA first repays the debt, and then opens the account.

Law 271-FZ "On overhaul": beneficiaries

The norms define the categories of persons who are exempt from the obligation to pay contributions. As a general rule, Law 271-FZ "On overhaul" provides no incentives for owners. However, they can be established by regional regulations for the poor, disabled people, elderly people and a number of other needy people. Full exemption from the obligation to pay contributions is provided for tenants of municipal housing. In this case, the MO plays the role of the owner. Accordingly, by law, it is the municipality that must ensure timely overhauling.

Mortgage credit lending

Not all citizens have the opportunity to buy an apartment for their money. Many today turn to banks for mortgages. At the same time, such unoccupied property is not issued for the right to property until full repayment of the debt. Accordingly, the question arises as to who should make contributions to capital repairs. Judicial practice does not give an unambiguous answer to it. Some authorities believe that charging is illegal, while others take the opposite position. According to some experts, the second option is quite logical, in which the payment of contributions is the duty of the owners. In this case, in fact, citizens who have a loan use the apartment - the bank keeps it only as a pledge and does not exercise the operation. The burden on the content of the living space, therefore, rests with the acquirer. However, this position is not legislated.

Recognizing a home as an emergency and withdrawal

According to the provisions of the LC, contributions for capital repairs are not paid by the owners of apartments in the structure to be demolished. In this situation, the regional operator directs funds from the fund to carry out the corresponding activities with the house. Citizens are also exempted from the duty to pay a repair fee when passing a regulatory act on the seizure of the site on which the building is located, for municipal / state needs, each premises, except those that belong to the region, municipality or the Russian Federation. In this case, the regional fund must return to the owners of apartments their funds. In addition, citizens can use the right to receive the redemption value of the seized housing.

Conclusion

It should be noted that the owners of apartments in new buildings are also required to make deductions for capital repairs. This is due to the fact that over time, all the structural elements, including the engineering and communication networks are becoming unusable and require replacement. Owners of apartments in new buildings are more profitable to create a fund for capital repairs on a special account. Contributions, among other things, may be credited with interest for the use of money. Prior to the adoption of the considered Federal Law, the country did not provide a clear procedure for realizing the obligation of owners to maintain common property in a residential multi-apartment building. The rules established in the normative act allow the owners to decide independently, the code to perform the work and to what extent, and also to select their executor. Thus, the state of the apartment building depends today on the owners.