Russians already pay a lot of money for utilities, an additional several hundred rubles a month, which, moreover, goes to it is not entirely clear where, many did not want to pay and do not want to. There has been a lot of talk about the fact that these payments are generally of dubious legality, but they still exist.
Overhaul fee: what is it and who can avoid paying it?
If during the trial the guilty party cannot justify its refusal to pay for capital repairs, then by a court decision it may be obligated to pay the debt, pay off penalties and cover all legal costs.
It only works if regional authorities have adopted appropriate resolutions that ensure local implementation of the federal decree. The Housing Code of the Russian Federation quite clearly defines the need for contributions for major repairs for all categories of owners.
Putin's decree on the abolition of fees for major repairs: news
Deputies of the State Duma, in response to the signing of the Presidential Decree, noted that such initiatives, especially regarding the abolition of fees for major repairs, should be thoughtful and responsible, because this needs to be discussed with regional authorities.
What the Decree says and the reaction to it
Amendments made to the Legislation of the Russian Federation in 2020 continue to apply from the beginning of this year. These benefits apply only to certain categories of citizens, and some of them only after providing a certain package of documents certifying their status.
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Just recently, very elderly pensioners complained that their meager pensions were barely enough to pay utilities and survive on the brink of poverty. And then there are mandatory fees for major repairs, which sometimes turn out to be unaffordable.
Who is exempt from paying for major housing repairs, benefits in 2020
After a commissioned house is included in the capital repair program, payments begin to be made no later than five years after the house is included in the program. For houses that are not new (new buildings), the obligation to pay arises after the expiration of the 8-month period of inclusion in the program.
The costs of major repairs are usually very high, so funds for them are accumulated over a period of time (from several years or longer), accumulating in a special MKD account, or in a regional capital repair fund determined in accordance with the laws of a constituent entity of the Russian Federation. In the first case, it is necessary to pay within the time limits established for payment for housing/housing and communal services (Article 175 of the Housing Code of the Russian Federation), or within the time limits determined by the meeting of owners of apartment buildings. If funds are collected from a regional operator, then they pay according to the bills of this operator, in accordance with regional standards.
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Putin's decree on the abolition of fees for major repairs: news
It only works if regional authorities have adopted appropriate resolutions that ensure local implementation of the federal decree. The Housing Code of the Russian Federation quite clearly defines the need for contributions for major repairs for all categories of owners.
What the Decree says and the reaction to it
They receive the right to payment of such compensation if the amount contributed for major repairs exceeds a certain proportion of their income. Since compensation for major repairs is paid for them by municipal or regional authorities, they can receive such benefits only if resolutions have been adopted at their place of residence confirming the adoption of the decree at the federal level.
Practice has shown that not all circumstances were taken into account. Currently, seniors over 70 years of age receive compensation of 50 percent of the cost of major repairs, while those over 80 years of age are compensated 100 percent. They are entitled to a benefit if they live alone or in a family consisting only of non-working pensioners. Disabled people of groups I and II, if they own an apartment, also receive a 50% discount.
Presidential decree on major repairs
Posted on by In Russia, a system of benefits for paying contributions for major repairs has begun to operate.
The corresponding bill was signed by the head of state back in December 2020. At the end of last year, President of the Russian Federation Vladimir Putin signed a new government bill, according to which, starting from January 1, 2020, benefits in the field of payment of a contribution for major repairs. Immediately after signing, the document was published by government officials on the official legal information portal. The new law allows regional authorities to partially or completely exempt single citizens aged 80 years and older from paying contributions for major repairs.
As for partial exemption, it begins to apply to citizens over the age of 70 and amounts to up to 50% of the cost of the contribution. In addition to single pensioners, benefits are received by disabled people of groups I and II, citizens with disabled children and disabled children. As a relief, these categories are provided with 50% compensation for the costs of paying contributions for major repairs. It is worth recalling that the system of contributions for major repairs of residential buildings has been repeatedly criticized by both citizens and government officials themselves. According to official data obtained by Rosstat, from 7 to 11% of all homeowners in Russia ignore payments for major repairs.
Many experts point out that in the current conditions it creates an “excessive financial burden” on households. Federal Law of December 29, 2020 N 399-FZ “On amendments to Article 169 of the Housing Code of the Russian Federation and Article 17 of the Federal Law “On social protection of disabled people in the Russian Federation" Adopted by the State Duma on December 18, 2020 Approved by the Federation Council on December 25, 2015 Article 169 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art.
14; 2012, N 53, art. 7596; 2013, N 52, art.
The list of beneficiaries for major repairs has been expanded since 2020: who has been exempted from contributions
State Duma deputies agreed with this logic. Amendments to the Housing Code were adopted in the third reading on July 12. The Federation Council also approved the proposal to eliminate injustice, and Russian President Vladimir Putin endorsed it on July 29.
Now you can both together and apart
According to the law, from January 1, 2020, entities will begin to reimburse the costs of major repairs to homeowners who have reached the age of 70 or 80 years, living in a family with disabled people of groups I and II. It is established that compensation for persons aged 70 to 80 years can be 50%, and for those over 80 years old - 100% of the contributions paid.
The decree of the President of the Russian Federation V.V. Putin, signed at the end of 2020, contains direct instructions on who has the right to request regional and municipal authorities to cancel fees for major repairs. The Decree quite clearly defines the categories of beneficiaries who have this right.
Just recently, very elderly pensioners complained that their meager pensions were barely enough to pay utilities and survive on the brink of poverty. And then there are mandatory fees for major repairs, which sometimes turn out to be unaffordable. The recent decree of Russian President Putin on the abolition of fees for major repairs mainly affected pensioners who were over 80 years old.
What the Decree says and the reaction to it
- participants and disabled people of the Second World War;
- large families;
- labor veterans;
- persons rehabilitated after repression;
- victims of certain disasters (exposed to radiation).
low-income citizens with officially confirmed status;
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The inconsistency lies in the fact that today regions compensate contributions for capital repairs to non-working elderly people only if they live alone or in families of non-working pensioners.
New house and major repairs: legislative framework.
Contributions for major repairs in new buildings are taken from the moment residents move in, although this contradicts clause 5.1. Art. 170 LCD.
It has a deferment of the first payment established under the regional program. It should not be more than five years old.
In the new property, the entrances and staircases are clean, there is no graffiti or other forms of art.
Current, and even more so major repairs are a necessity for the distant future. However, on the receipt, residents see a completed “major repair” line, which must be paid for. How legal is this?
For reference! Based on the Town Planning Code, major repairs should be understood as all construction and other activities aimed at restoring the structures of a residential building or their complete replacement
Independent residents of the house on the basis of Art. 189 of the Housing Code of the Russian Federation can make a decision on the need for major repairs even before their due date.
The administration must confirm this; a project can only be implemented without collecting additional funds if the required amount has accumulated in the accounts.
According to Art. 173 of the Housing Code of the Russian Federation, an owner who regularly does not contribute money for major repairs is obliged, after receiving a notification from the supervisory authority, to repay debts within 5 months.
Housing legislation provides that a citizen may not pay contributions for major repairs on receipts if:
- According to Art. 169 part 2, the house is officially recognized as unsafe and subject to demolition.
- According to Art. 170 part 8 by a majority vote of residents it was decided to save for major repairs in a separate account.
- The residential property and the land on which it was built were seized by the state.
Such nuances come into force from the moment of their adoption. If a person has previously accumulated debts on contributions, he is obliged to pay them off.
Can the lights be turned off for non-payment: if there are children, without warning.
Putin's decree on the abolition of fees for major repairs for pensioners in 2020
The law, adopted at the initiative of United Russia, will improve the financial situation of more than 136.5 thousand older Muscovites. 31.5 thousand of them will receive benefits for paying for major repairs for the first time, and 105 thousand will receive a recalculation of benefits from 50 to 100 percent. This will affect disabled people, home front workers, participants in the defense of Moscow, rehabilitated persons and labor veterans.
Putin's latest order on major repairs for pensioners in 2020
Benefits will be provided according to housing area standards: 33 square meters for a person living alone, 42 square meters for a family of two people, 18 square meters for each member of a family of three or more people.
Just recently, very elderly pensioners complained that their meager pensions were barely enough to pay utilities and survive on the brink of poverty. And then there are mandatory fees for major repairs, which sometimes turn out to be unaffordable. The recent decree of Russian President Putin on the abolition of fees for major repairs mainly affected pensioners who were over 80 years old.
Pensioners do not have to pay for major repairs: how to apply for a benefit
- Participants and disabled people of the Great Patriotic War and members of their families, combat veterans, blockade survivors (Chapter II of the Law of January 12, 1995 No. 5-FZ “On Veterans”).
- Disabled people of groups I and II, disabled children and their parents (Article 17 of Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation”)
- Victims of radiation disasters (Chernobyl nuclear power plant, Mayak PA, Semipalatinsk test site).
- Benefits for major repairs for pensioners after 70 years of age living alone are provided in the amount of 50%.
- Benefits for major repairs for pensioners over 80 years of age living alone are set at 100%.
- The law established benefits for major repairs for pensioners over 70 years of age who live in a family consisting only of pensioners at 50%.
- Payment for capital repairs by pensioners over 80 years of age living in a family consisting only of pensioners is fully discounted, i.e. 100%
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Putin's decree 2020 on the abolition of fees for major repairs
The law was, according to this statement, adopted in a somewhat peculiar way. Those categories mentioned in the list have the right to receive benefits. But that's not all. It only works if regional authorities have adopted appropriate resolutions that ensure local implementation of the federal decree. The Housing Code of the Russian Federation quite clearly defines the need for contributions for major repairs for all categories of owners.
What the Decree says and the reaction to it
They receive the right to payment of such compensation if the amount contributed for major repairs exceeds a certain proportion of their income. Since compensation for major repairs is paid for them by municipal or regional authorities, they can receive such benefits only if resolutions have been adopted at their place of residence confirming the adoption of the decree at the federal level.
- WWII participants and disabled people
- low-income citizens with officially confirmed status
- large families
- labor veterans
- persons rehabilitated after repression
- victims of certain disasters (exposed to radiation).
Deputies of the State Duma, in response to the signing of the Presidential Decree, noted that such initiatives, especially regarding the abolition of fees for major repairs, should be thoughtful and responsible, because this needs to be discussed with regional authorities.
How not to pay for major repairs legally in 2020
But in this vein, a completely logical question arises: are residents of new buildings required to pay for major repairs? Legislation in this direction makes no exceptions: residents of buildings recently put into operation must accumulate funds in a fund account for future periods.
- repair work can be carried out at any time of the year. Including on an emergency basis - in case of emergency situations;
- the fund must have a capital improvement plan for at least a year;
- before implementing planned activities, a cost estimate is drawn up and the reality of repairs at the current moment is assessed;
- Fund balances are transferred to account for future periods.
Who should not pay for major repairs according to the 2020 law
For example, a veteran's ID card. Application form for compensation, download Documents can be submitted in person, fill out an application online, or submit it with a representative using a notarized power of attorney. In what cases can they refuse? A pensioner may be refused in the following cases: if he is not suitable by age; works; is not a home owner; has debts for utilities; did not provide all the documents or they contain inconsistencies with the specified information. If you sent papers by email, but did not receive the originals within 10 days, compensation will also be denied. How to fill out an application?
This can be done by contacting the construction department of the locality or the organization serving you; pay off all debts for utility bills; when the capital repair program is approved, after 8 months, the first receipt will arrive. This should also be paid; with this payment document and with papers that confirm your right to receive benefits, you must come to the multifunctional public service centers; Your application will be considered within 10 working days. Social security departments can also help you obtain compensation. You can also send documents electronically through the State Services portal. The main thing is to come with the originals within 10 days. You can read more about applying for and receiving compensation here. What documents are needed? To provide you with benefits, prepare the following documents: passport of a citizen of the Russian Federation; application for compensation; a paper confirming that you have no utility debts. It is taken for the last month; receipt for payment for major repairs; personal account; certificate of ownership; extract from the house register; document on utility payments for the last 30 days; paper that confirms your right to receive benefits.
26 Feb 2020 juristsib 438
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Do residents of new buildings have to pay contributions for major repairs?
There is no doubt that living in a new home is wonderful. Clean entrances, smoothly functioning elevators, excellent communications - all this saves life from a lot of unpleasant troubles. In addition, residents of such new buildings are confident that they will not have to think about the need for major repairs for a long time.
At the same time, sometimes a house is not under warranty, and yet it was put into operation before July 2020. In this situation, residents of such a high-rise building must hold a general meeting. The agenda should include the following issues:
