Every day we receive dozens of questions from our readers. We try to answer everything: personally, in the comments, or make videos if a detailed answer is required. Find out what issues worried your colleagues during the summer months and read our comments.
On the new procedure for the exchange of information between the management authority and the distribution network of electricity
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Installation and operation of smart metering devices
From July 1, 2020, electricity suppliers began installing intelligent resource consumption metering systems in multi-apartment and individual residential buildings. Such devices automatically transmit readings and limit the supply of electricity to debtors.
We were asked to clarify who will purchase such smart meters and is there a deadline for completing the replacement of PUs in the old housing stock?
The costs of purchasing and replacing individual counting devices will be included in the tariff. And the PUs in old houses will be replaced as the already installed PUs fail and the verification intervals expire.
At whose expense is the installation of common house metering devices carried out?
But as practice shows, not all property owners were ready to bear such expenses, because installing a meter for one type of utility resource can cost about 100,000 rubles today.
In addition, before installing a common house metering device, it is necessary to inspect the condition of the engineering systems in the house for losses , and, if necessary, repair or additionally insulate water supply and heating pipes in order to avoid unnecessary leakage.
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Inclusion of the house in the register of licenses
In one of our articles, we talked about a dispute in which the Supreme Court of the Russian Federation did not agree with previous courts and approved the right of a management company to manage a house that is not included in its license. A reader asked for help with his situation.
The State Housing Property Inspectorate, according to Order No. 938/pr, is obliged to make a decision on whether to include or exclude the house from the license. However, the department does not give such a decision. Do you need to go to court?
In this case, you should demand that changes be made to the register of licenses in accordance with Order No. 938/pr: write to the State Housing Inspectorate and the prosecutor’s office so that the latter can understand the situation. We also advised you to contact the Ombudsman for the rights of entrepreneurs in the region. The next step, if these actions do not help, is to go to court.
Common house metering devices (ODPU)
First of all, problems arise with common house heat metering devices. Often, owners pay for expensive metering devices, and they have to pay for heating not according to real consumption (which should be determined by these same general household metering devices), but according to conditional standard indicators (standards).
The problem of common house metering devices will affect all owners of apartments in apartment buildings, because the law obliges the owners to install common house metering devices (CDMU) for communal resources (Article 13 of the Federal Law No. 261 of November 23, 2009 “On energy saving and increasing energy efficiency”). Some houses are already equipped with collective meters, but many still have to install them. In this regard, many managed to receive payment documents “for communal apartments” with an increased amount due to the new line “fee for the installation of common house metering devices.” The cost of the innovation turned out to be quite significant. Using simple mathematics, we can calculate that collective metering devices turn out to be “golden” for the owners. The problem is especially acute with the thermal power supply unit. As mentioned above, owners often bear the burden of expenses both for the common house metering devices themselves and for their installation, but they still have to pay not according to their readings, but according to standards, often inflated. During the warm autumn months, meters can really help reduce your heating bills. Residents of Khimki near Moscow have calculated that in some houses, in just one heating season, communal metering devices can save up to 10 thousand rubles for each apartment! So, there are devices, but the receipt for the “utilities” does not take into account their readings. And in October, with an average temperature of +5, you have to pay the same amount for heating as in the harsh winter months.
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Charging an additional fee for replacing the ODPU
According to No. 279-FZ, a common building heat meter must be installed in all apartment buildings. In our article, we explained from what funds the work on installing the ODPU is paid for and whether the management organization can charge additional contributions from the owners to replace the common building meter.
One of the readers wrote that the management company missed the deadline for verifying the ODPU, the owners learned about this from the receipts - the payment was issued with increased tariffs. The company offers to organize an OSS and collect signatures for verification for an additional fee, because the ODPU is not on its balance sheet. Is the UO right?
The common house meter is part of the common property of the apartment building and is maintained at the expense of housing maintenance fees. The management authority is not right, the owners can contact the State Housing Property Authority.
Should RSO provide an installment plan to replace the ODPU? The RSO does not have such an obligation; everything depends on the agreements between it and the management organization.
We are often asked whether verification of common household meters has been suspended until January 1, 2021? We answer: the verification period has not been suspended, this only applies to individual metering devices.
RSO installed ODPU in the house in accordance with the requirements of No. 261-FZ, since the owners did not accept this issue at the general meeting. The device is installed, the owners of the premises, in addition to paying for the maintenance of the ODPU, must pay an installment payment for five years. Suddenly the metering device failed. The reader asks who should bear the burden of costs for repairs or possible replacement of the meter?
The obligation of the RSO to establish the ODPU is one-time, and it fulfilled it (No. 261-FZ). Further maintenance and maintenance of the operation of the ODPU is the responsibility of the MA. This is stated in paragraph 18 of PP No. 290, paragraphs. “d” clause 10 of PP No. 491. If the ODPU fails, then the responsibility for repair and replacement lies with the MA. This is confirmed by judicial practice.
We receive a lot of questions about whether it is possible to charge money from the owners for the reconstruction of the DPSU, since “the responsibility for carrying out actions for the reconstruction, commissioning and admission into operation of the heat metering unit is assigned” to them. Let's dot the i's.
Maintenance and maintenance of the operating capacity of the ODPU is the responsibility of the management organization (clause 18 of PP No. 290, paragraph “e”, clause 10 of PP No. 491). As we noted above, if the meter fails, it is the management authority that must repair or replace it, these works are considered included in the amount of payment for the maintenance of the residential premises. If the management authority is going to reconstruct the heating unit as a whole, then this is major repair work.
Reimbursement of legal expenses: basic information for the MA
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In the morning - repairs, in the evening - money
The Housing Code of the Russian Federation (LC RF) determined back in 2005: the burden of costs for major repairs is borne by the owner. But the Russians only started paying for this in a separate line now, because the Housing Code of the Russian Federation obligated the previous owner, that is, the state, to transfer the housing before privatization to a completely renovated one, if the house at the time of privatization of the first apartment in the house (since 1991) was already in need of major repairs in force of age. According to the Rules and Standards for the Technical Operation of the Housing Stock, a house requires such repairs every 25 years, but sometimes earlier, depending on the circumstances of its operation, explains Elena Panina, President of the Research and Analytical Center for Housing and Communal Services .
News on the topic More than 5 thousand houses will be repaired in two years under the overhaul program By the way, the article obliging municipal authorities to carry out these repairs has not been repealed. But only the most stubborn can force officials to do their duty, through the courts. For example, residents of one of the apartment buildings in Izhevsk fought for 5 years and achieved their goal.
Failure to fulfill capital repair obligations has become widespread. "No money left!" - say the officials. And if residents win the trial, they bide their time as best they can. In the end, the Housing and Communal Services Reform Assistance Fund took on the “accumulated underrepairs” of apartment buildings over 30 years old. Currently, there are more than 62% of such houses in the Russian housing stock. As of January 1, 2014, the fund had completely completed the overhaul of 141,414 apartment buildings. But this is not enough! Experts state that in the next 10 years approximately 400 million sq. m of housing will fall into an uninhabitable condition.
Photo: AiF
Access to water supply risers in the apartment
Arbat MCA lawyer Alexander Ushakov, in an article written for us, told us what to do in a situation where the owners of premises in an apartment building block the management company’s access to common property, in particular, to water supply risers in apartments.
After the publication of the material, we were asked to advise whether it is possible to go to court for a recalculation if the HOA has been collecting money for the repair of blind areas around the apartment building for three years, but has not completed the work?
Alexander Ushakov explained what needs to be done:
- The board is obliged to report annually on the work done (clause 8, part 2, article 144 of the Housing Code of the Russian Federation), and the owners have the right to receive information about the financial and economic activities (hereinafter - FCD) of the HOA (clause 3, part 3, article 143.1 of the Housing Code of the Russian Federation) .
Before approval of the estimate for the next year at the general meeting of HOA members, the audit commission is obliged to give an opinion (clause 1.1., 2 part 3 of Article 150 of the Housing Code of the Russian Federation), and before approval by the general meeting of HOA members, the audit commission must make a report and conclusion on the implementation of the estimate (clauses 1, 1.1., 2, 3, part 3, article 143.1 of the Housing Code of the Russian Federation).
If all this is present, then the failure to complete the work may be due either to poor collection, low financial discipline, the presence of accounts receivable in the presence of accounts payable in previous periods, for example, for resource supply, payment of wages and payment of taxes and contributions, or previously concluded and executed contracts - where the collected funds are sent, which should be reflected in the report of the audit commission along with the identified violations.
If everything is smooth in the conclusions of the audit commission, and the estimates and reports are not approved by the general meetings of the HOA members, then it is necessary to change the board and appoint an auditor, outsource specialists to conduct an audit and restore accounting, normalize the work of the HOA. It is necessary to send a request (by hand or by letter with a list of attachments) to the HOA Board for information, and it does not matter whether the owner is a member of the HOA or not.
If there is no response, you can request documents in court, as well as file a complaint with the State Housing Inspectorate of the relevant entity and the local administration.
- Members of the HOA and owners of premises in an apartment building who are not members of the HOA have the right to make demands on the HOA regarding the quality of services provided and (or) work performed (Part 2 of Article 143.1 of the Housing Code of the Russian Federation).
Based on the norms of Art. 12 of the Civil Code of the Russian Federation, which provides as one of the methods of defense the award to perform the obligation in kind, file a claim, and then file a claim in court against the HOA for the obligation to perform the work. And such a claim will be satisfied. However, if there is an obvious lack of funds in the HOA, the execution of the claim may be drawn out for many years or not executed at all.
- Based on the norms of Art. 12 of the Civil Code of the Russian Federation, which provide, as one of the means of protecting the restoration of the situation that existed before the violation of the right, and the suppression of actions that violate the right or create a threat of its violation, to file a claim, and then to the court with a claim against the HOA in accordance with Art. Art. 307, 309, 407, 408, 1102 Civil Code of the Russian Federation, art. Art. 153, 155, 156 of the Housing Code of the Russian Federation on the recovery of amounts of unjust enrichment and the return of amounts of uncompleted work.
This will require calculations. And it is advisable to compare them with the interests of the neighbors in the form of a claim from all owners of premises in the apartment building against the negligent HOA. But whether this will solve the fundamental problem of HOA operation is a moot point. If the HOA refuses to provide documents, Alexander Ushakov recommends taking a mandatory comprehensive audit of the HOA's FCD and changing the composition of the board together with the chairman.
Should the management company pay for the resources supplied to the non-residential premises of the apartment building?
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Repair of a private residential building
Advice from lawyers:
1. Who carries out maintenance (repairs and technical assistance) of a private residential building?
1.1. Owner of the house, naturally.
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2. Please tell me, in a private house, what kind of benefits are there for utilities? For water, gas, electricity, for the maintenance and repair of residential premises and the provision of utilities, what of this? I am a combat participant.
2.1. — Hello, dear visitor to the site, alas, in a private house there are no benefits at all for UBI, no benefits. I know firsthand, except for the payment of EDV, of course, but this is not a benefit, but a payment. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.
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3. A private apartment building is in shared ownership. One of the residential premises is divided into 2 owners (essentially a two-room apartment). One of the owners wants to do “dusty repairs” on his and the common territory. At the same time, it is not going to remove the consequences of the repair. The second owner has a newborn child (21 days old). How to keep your child safe? Does the repair team have the right to use common areas, including the bathroom?
3.1. Any actions with shared ownership are carried out by consent, and therefore no. Civil Code of the Russian Federation Article 247. Possession and use of property in shared ownership 1. Possession and use of property in shared ownership are carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
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4. A private house is owned by my mother, I have four children, three of them and I are registered in this house. Can I get maternal capital to increase living space and renovate the house?
4.1. If the house is not your property and not the property of your children, then no, the Pension Fund will not give you money.
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5. Question: A private house, not yet residential, while renovations are underway. To connect the gas, they installed a cheap boiler and a simple gas stove, the same devices were specified in the contract. Now I want to change everything, install something more modern and of higher quality. Can I encounter problems from gas workers?
5.1. No, in general. You can, if this entails any consequences for gas workers - an increase in the size of the supplied pipe or a change in the connection to the gas pipeline.
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6. We are registered in the city, we want to get on the waiting list to improve our living conditions, but my mother owns a private residential building in the area where we only come for the summer. The house is dilapidated, the stove burned out, the foundation is cracked. The house is over 60 years old. But because of this house we won’t be put on the waiting list. We want to declare it uninhabitable. Subsequently, this house and land will still be the property of my mother? Will it be possible to convert it back to residential use after renovation?
6.1. Good afternoon In order to answer your question in detail, you need to familiarize yourself with the documents. Ownership of the land plot will definitely remain with your mother.
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7. I live in a private house. I received a receipt “for the maintenance and repair of residential premises and the provision of utilities.” Do I have to pay for this? Thank you)
7.1. Hello! It is necessary to figure out who the receipt came from and for what services. Maybe you think that the house is private, but according to the documents it is multi-apartment.
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8. The house is a private MK (4 X apartment), the apartments are owned, and everyone has 1/4 of the land. I made major repairs in a cold extension (canopy), I want to convert it into a living space. Is the consent of the neighbors necessary if I did not touch the walls or roof of the neighbors? If consent is needed, then from all neighbors?
8.1. In this case, there is no shared ownership under Article 244-246 of the Civil Code of the Russian Federation, and therefore you do not need to obtain the consent of your neighbors. Contact the local administration for transfer to residential premises.
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9. I need to file a claim as the first purchaser in a two-flat private house. Order an examination of the residential premises and prove that the neighbors selling the premises have brought the house into disrepair. For 5 years they did not heat the room, did not make repairs and did not appear there. The house itself is collapsing. Floor, walls, ceiling, holes in the roof, leaking. Thanks for any help.
9.1. You did not ask any question or any purpose to the lawyer. If you need help in filing a claim, you can contact any lawyer in a personal message.
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10. Do I have to pay for housing management and major repairs if I am the owner of housing in a one-story house (the housing is not privatized, but purchased into private ownership) and we carry out all work on the maintenance and repair of housing at my own expense (replacement of the roof, replacement of flooring) coverings, installation of individual heating, landscaping and cleaning of the local area), and VMUZHEP does not take any part?
10.1. If your house is an apartment building, then yes.
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11. On the basis of what federal law is the connection of a residential building to a centralized water supply network and the repair of water pipes carried out at the expense of the owner, since the water supply connection to a private house is the property of the owner of the residential building.
11.1. Hello, Federal Law “On Water Supply and Sanitation” dated December 7, 2011 N 416-FZ, Article 18, Clause 13 The connection fee (technological connection) is calculated by the organization providing cold water supply and (or) sanitation, based on the established tariffs for connection (technological connection) taking into account the size of the connected (technologically connected) load and the distance from the connection point (technological connection) of the applicant’s capital construction facility to the connection point (technological connection) of water supply and (or) sewerage networks to the centralized cold water supply system and (or) drainage.
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12. Is it possible to build a small base for the maintenance and repair of buses on a plot of land (6 acres) next to residential private houses.
12.1. Hello! What type of permitted land use of the land plot? In order to engage in economic activity on a site, the site must be of commercial purpose.
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13. In the private sector, a neighbor is engaged in car repairs, makes noise in the early morning and until late in the evening, children and old people cannot sleep, and it smells very much of oil and welding (neighbors complain from all sides). He tells administration representatives that he has many acquaintances and friends and does not take money for car repairs. Although this is not true, he makes money from it. Is it possible to ban auto repair shops near residential buildings? And what articles of the law can you refer to?
13.1. Good afternoon. If you can prove that this is truly a business activity, and not just repairing your own car, then, based on the legislation on sanitary and epidemiological welfare, it is possible to ban this type of activity in a residential area.
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13.2. First of all, contact the district police officer; he is obliged to check the documents for carrying out this type of activity. A car repair shop is classified as a high-risk facility and cannot be located in a residential area. You can find standards for the placement of such objects on the Internet or in the personal consultation section.
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14. THE ADMINISTRATION OF THE TAMBOV REGION, BY RESOLUTION of April 25, 2017 N 372, canceled benefits for paying for the maintenance and repair of common property and house management for children with disabilities and other categories of citizens, for residential premises that are privately owned, and left it to the municipalities whether this is legal ?
14.1. Hello! Local governments independently establish housing maintenance benefits, so they have the right to cancel them. If you think it is illegal, then file a complaint with the prosecutor's office.
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14.2. Good day! They did not exceed the limits of their powers in making this decision. From the point of view of the provisions of the Constitution of the Russian Federation on the protection of certain segments of the population, this is not legal. On these grounds, appeal in court. Good luck to YOU! Always happy to help.
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15. I carried out a major overhaul of a private house, the residential part of which belongs to me, and the non-residential (basement) part, as I recently found out, does not belong to anyone. Who should I ask for major repairs now?
15.1. Good afternoon In this case, you need to contact the management company about this issue, the situation is still a little unclear, write a statement, let them give an answer to it. To have an idea of what to advise you.
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16. The water supply pipe to the water meter burst. We live in a private house. Essentially, a breakthrough outside the territory of a residential building. But the pipe entry is ours. Are we required to pay for repairs?
16.1. No, in this case they should not, if the breakthrough was outside the territory of your responsibility (determined by the act of delimiting balance sheet ownership). Good luck to you.
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16.2. Hello, the responsibility for the safety and maintenance of property that is owned by the owner of an individual residential building rests with the owner himself. If a pipe burst outside your input, then the Gorvodokanal would be responsible for it. For example, in this case, you yourself must make the calculation at your own expense.
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16.3. Hello. If the watershed determines that the pipe is currently yours, then repairs will have to be done at your expense. Good luck to you.
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17. Can I spend maternity capital on renovating the second floor in a private house? The second floor is already officially recognized as residential.
17.1. Hello! Theoretically you can. You should contact the pension fund and obtain permission to use maternity capital.
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17.2. — Hello, no, you cannot use MK funds for residential renovations. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.
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17.3. Maternity capital cannot be spent on repairs. It can only be used for purposes provided for by current legislation.
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17.4. Hello. No, maternity capital funds cannot be used for repairs. Thank you for visiting our site. Best wishes.
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18. I am the owner of a private house, nearby there is a five-story residential building built and operated by a housing cooperative, the storm drain from this building is clogged, and when precipitation falls in large quantities, the water drained from the building floods the nearby private sector, which can be done because at the housing cooperative meeting they refused to repair and clean the storm drain?
18.1. Federal Law of January 17, 1992 N 2202-1 (as amended on March 7, 2017) “On the Prosecutor’s Office of the Russian Federation” (as amended and supplemented, entered into force on June 28, 2017) Article 10. Review and resolution by the prosecutor’s office statements, complaints and other appeals 1. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws.
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18.2. Good laziness! Please contact the local administration with the relevant complaint, they will have to take action on the complaint. Best wishes.
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19. There is a private house, 4 owners (sisters), the commission recognized the house as dilapidated and beyond repair. The younger sister manages to exercise the right to receive housing as an orphan (she is 22 years old). Other owners do not qualify for this program due to age. What can the remaining owners now claim, provided that this house was the only property. And what usually happens to properties that are declared uninhabitable. Thank you!
19.1. Good evening. And you should be resettled and provided with equivalent housing, or you should be given more square footage but with an additional payment. Have a nice pleasant evening.
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20. I am from Uzbekistan. According to the laws of the Russian Federation, does it allow me to create a charity project? The goals are to help WWII participants and low-income elderly people to repair residential buildings, apartments and entrances. I work in the private sector under a patent to provide assistance with everything needed. Thank you in advance.
20.1. Hello. It all depends on your status. Much is prohibited for foreign citizens. If you have applied for a residence permit, then something is already possible. Without clarifying the status, it is difficult to answer. Citizens of Russia such activities are not prohibited and can even receive guarantees if they have up to 6 months of such activities in Russia.
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I am from Uzbekistan. According to the laws of the Russian Federation, does it allow me to create a charity project?
Is it possible to conclude an agreement on a municipal private partnership for the overhaul of an apartment building (after a fire)
When renovating a private house, I increased the living space. Was it necessary to take architectural permission for this?
Please, is it possible to use maternity capital funds to make major repairs in a private house by increasing the living space?
Is it legal, is the tax for major repairs of residential buildings levied on the same level as housing and communal services services?
In a private house on common property, one of the owners, without my knowledge, carried out a small reconstruction of part of the living space.
I live in a private house. Houses on our street are being demolished. The dates are not yet known.
The ex-husband has not lived in a private house for more than 20 years, does not make utility payments, and does not participate in the renovation of the residential premises.
I live in an apartment building. I pay rent for the maintenance and current repairs of my home regularly.
A large family of 4 children, the 3rd minor for two children each receives SPC, we live in the Nizhny Novgorod region.
Private sector, residential building, Gorgaz misleadingly slipped a contract for operation
