Decree 491 with latest changes in 2020


What is included in the maintenance of common property in an apartment building 2020

common areas of the house - this is a large list of work that is carried out throughout the year. It is drawn up based on the rules for maintaining housing and the needs of the house, as indicated by the residents. The management company will have to fulfill this “to-do list”. In this article we will talk about what work must be performed and what additional requirements can be required from representatives of the management company.

What is included in the maintenance of housing in an apartment building and what is it?

Since these services are paid for by the owner of the house or the organization that owns it. The tariff is calculated separately for each group of services - the cost of major repairs and work to maintain a residential building in proper condition is determined.

In this case, the management organization’s proposals regarding the list, volume and quality of services and work are taken into account. Particular attention is paid to the composition, design features, degree of physical wear and tear and technical condition of the common property of a particular house.

House maintenance means the comprehensive provision of services and work regarding the maintenance of the common property of an apartment building, maintenance of common communications, devices and communications of an apartment building, which are performed throughout the entire life cycle of the building constantly or at intervals established by regulatory documents.

What are the consequences of non-payment of such services and works?

The procedure for establishing fees for owners of residential premises for the maintenance of housing is established by Article 156 of the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation No. 491 of 2006.

Elimination of minor problems in hot water supply and heating systems (adjusting taps, stuffing seals, eliminating leaks in pipelines and devices; disassembling, inspecting and cleaning air-collecting dirt traps, etc.).

Main provisions on public services

The latest changes to the Government Decree of the Russian Federation No. 491 (2006) were made at the beginning of 2020 and apply to 2020. Initially, the regulatory act defined the Rules for how and by whom the common property of an apartment building (MKD) should be maintained.
Other provisions relate to the cost of services provided by management companies (MCs), which take responsibility for maintaining such property, and, if necessary, bringing it into proper condition. Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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An organization that offers such services must have the appropriate license or permit. If previously such organizations were called public utilities, now they have officially been renamed management companies. Rules related to the maintenance of apartment building property refer to regulatory documents that regulate relations between owners of residential premises and suppliers.

In the Housing Code, Art. 30, paragraph 3 states that the owners are obliged to maintain common property, since they own it as common property.

Article 30 of the Housing Code of the Russian Federation

The Rules approved by Resolution No. 491 define the main provisions relating to common property:

  • what it is and how it should be maintained;
  • how to inspect and check the technical condition of the house;
  • what works and services relate to the content, who should be responsible;
  • how to determine when it’s time for a routine or major overhaul;
  • technical documents for the house, what is their composition;
  • how to determine maintenance costs and fees charged to residents;
  • how owners can check the quality of the services provided to them.

The Rules regarding the collection of maintenance fees indicate how the amount can be changed and on what grounds.

Property should be maintained in accordance with the requirements established by Russian legislation:

Sanitary and epidemiological well-being of citizensNecessary:
  • maintain the reliability of the premises and the safety of citizens’ stay in the apartment building;
  • preserve the property of the owners, the municipality, the state, depending on who owns it;
  • to enable individuals and legal entities to freely use the apartment building and the land on which it is located (this may apply to residential and commercial premises located in the house).
Technical specifications
  • it is necessary to maintain the architectural appearance of the building in accordance with the design documentation;
  • it is necessary to monitor the condition of metering devices and other equipment located on common property; it must always be in good condition;
  • energy saving rules should be followed.
Consumer rights ProtectionThe Criminal Code will have to respect the legitimate interests of citizens.
What may include the services of a management company for the maintenance of common property:
  • inspection;
  • ensuring uninterrupted operation of in-house systems;
  • maintaining technical and public premises in proper condition, taking into account that a certain temperature regime and humidity level must be maintained there;
  • cleaning of public premises and local areas;
  • collection and removal of liquid waste;
  • organizing places where mercury-containing lamps and other items that pose a health hazard can accumulate;
  • organization and maintenance of places where municipal waste (garbage) will accumulate;
  • ensuring fire safety of premises owners in an apartment building;
  • landscaping, landscaping and maintenance of common areas;
  • carrying out current and major repairs;
  • preparation for seasonal operation of MKD;
  • installation, commissioning and subsequent maintenance of meters for metering, for example, heat, hot and cold water, gas, if the resources are used for the needs of the home;
  • purchasing resources from suppliers that are used for general needs;
  • wastewater disposal;
  • other.

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Owners of premises have the right to independently carry out some work related to the maintenance of the house, or to involve third-party organizations for this (LC, Art. 164). They also have the right to choose how to manage the MKD. To receive services for the maintenance of common property, the owners enter into an agreement with a legal entity that will be in charge of management (LC, Art. 161−162).

Article 161 of the Housing Code of the Russian Federation

Article 162 of the RF Housing Code

Article 164 of the RF Housing Code

[icon-box style=”custom” icon=”fa-window-close” ]At the general meeting, a list of services that the owners wish to receive from the management company is approved, and the amount of payment for the maintenance of common property is determined. When, for example, an inspection is carried out, based on its results, a report is drawn up, which should be familiarized to the owners or the person in charge of the house. Once deficiencies are identified, a decision is made to eliminate them.

In agreement with the residents, repairs are also carried out, depending on the need and wear and tear of the property. Information about the condition, repairs carried out, etc. is entered into the technical documents on the MKD.

What is included in the maintenance and repair of housing in the receipt?

Apartment with a total area of ​​51 sq.m. located on the second floor of a nine-story residential building with all amenities, an elevator and a garbage chute in the Moscow region. The tariff for housing maintenance and repair is 23.60 rubles. Standards have been established for general house needs for:

Preparing all technical devices and equipment in the house for seasonal use

External landscaping. These are works that are of a repair and restoration nature. These include the removal of damaged fragments of sidewalks, paths, roadways, blind areas of fences, and canopies for waste containers. Includes repair of various equipment related to utility and sports grounds, recreation areas.

The Russian government has tightened the rules for managing apartment buildings. What will change in the work of 21 thousand management organizations involved in the housing services market? What's new in house management rules? How will housing and communal services tariffs change? From April 11, 2020

The amendments made to the Russian Federation Regulations dated March 31, 2020 No. 389 “On amendments to the Rules for regulating tariffs in the field of municipal solid waste management” come into effect.

Changes

In 2020, the following changes were made to Resolution 491:

Clause (Rules for maintaining common property in an apartment building)Changes
13.1Types of inspections: current, seasonal, extraordinary.
14The inspection results are recorded in the technical condition books (inspection logs).
24 pp. "V" Technical documentation now includes inspection reports.
31 (most important change)The procedure for pricing and payment in houses where there is no HOA or housing cooperative, that is, for the majority of apartment buildings, has been specified.
Responsibilities have been established for information and price proposals for residents from management companies, as well as approval of payment rules.

Housing and communal services laws 2020 maintenance and repair

5. Effective from March 1, 2020.

An obligation has been introduced for the emergency dispatch service, in the event of emergency damage to the in-house engineering systems of cold and hot water supply, drainage and in-house heating systems, to inform the local government body of the municipality about the nature of the emergency damage and the planned time frame for its elimination.

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Inclusion of ODN in the maintenance and current repair of housing

Apartment with a total area of ​​51 sq.m. located on the second floor of a nine-story residential building with all amenities, an elevator and a garbage chute in the Moscow region. The tariff for housing maintenance and repair is 23.60 rubles. Standards have been established for general house needs for:

  1. Lighting of public areas - changing light bulbs.
  2. Thorough cleaning of public areas.
  3. Maintaining order in local areas.
  4. Regular landscaping of the yard.
  5. Maintaining a comfortable temperature and optimal humidity level in the interior of the building.
  6. Guaranteed high level of security.
  7. Regular removal of waste from the area.

What services are included in the maintenance of housing in an apartment building in 2020

  1. Repair and strengthening of organized drains and roofing.
  2. Maintenance of the facade of the building - removal of peeling plaster, complete replacement of tiles.
  3. Careful care of windows, door panels and stair railings.
  4. Seasonal processes for the protective coating of structures made of wood with special antiseptic agents.
  5. Removing snow and ice from the roofing part of the building during the cold season, as well as removing snow cover on the territory of the house.
  6. Tidying up children's areas in the spring-summer season.
  7. Maintenance of plantings in areas near entrances.
  8. Preservation and standard re-preservation of heating systems.

Maintenance and upkeep of housing - what is the payment for?

If a person living in public housing receives a receipt with a separately designated service related to cleaning elevators and garbage removal, this is a scam. Such services are automatically included in the “Repair and maintenance of premises” line. There is no separate column for them.

As a rule, court hearings of this kind are held unilaterally. The owner only receives the decision by mail, or learns about it from the seized bank accounts. When thinking about the illegal refusal to pay for the maintenance and repair of housing, apartment owners should think about the fact that their money is spent on creating comfortable living conditions and improving the local area. Creating debt will negatively impact the quality of services provided. For its part, the management company has the right to terminate contractual relations with the residents of the apartment building. At the same time, they will still have to pay off the accumulated debts.

The maintenance and repair of housing in the receipt reflects a clear list of services provided by the management company. However, not many apartment owners are interested in what is included in this payment. Ignorance leads to inadequate provision of required services or their non-provision at all. The owners continue to pay the amounts indicated on the receipts, while living in uncomfortable conditions, using dirty elevators and walking along an unwashed entrance.

Is it possible not to pay for housing maintenance and repairs?

  • Wet and dry cleaning of the entrance.
  • Maintenance and repair of elevators.
  • Cleaning basements and attics.
  • Replacement of old windows.
  • Carrying out cosmetic repairs.
  • Repair of plumbing and heating systems.
  • Roof replacement, etc.

Common property - this phrase is familiar to all homeowners who pay monthly housing and communal services bills. But few people really understand what it means and what money is paid for on payments. What property is included in the list of common property, whether it can be used, what part belongs to each tenant - all this can be understood by carefully studying the section of the Housing Code of the Russian Federation “Common Property of an Apartment Building”.

What is included in the common property of an apartment building under the Housing Code of the Russian Federation

By purchasing housing in a multi-apartment residential building, a Russian becomes the owner of not only a specific apartment, but also part of the common property. In a general understanding, the entire apartment building (MCD), from the basement to the tip of the roof, is the property of the apartment owners. They must maintain it in proper technical and aesthetic condition, allocating funds monthly for this. The apartment-by-apartment division of shares occurs automatically: the more square meters in the apartment, the larger part of the common property belongs to the owner of the property, which means the greater the amount in the monthly receipt. Let's take a closer look at what is included in the list of common property.

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General concept

  1. Premises located outside apartments. Staircases and flights, attics, basements, garbage chutes and stair shafts, technical floors, corridors, parking spaces or underground garages equipped inside a multi-story building.
  2. Roof.
  3. Bearing structures. Foundation, walls, floor slabs, fences, beams, columns, etc.
  4. Equipment designed to serve residents. Elevators, stoves, boilers for space heating, etc.
  5. Engineering Communication. Chimneys, gas, water supply, heating and sewer systems (pipes, risers, pipes, bends, tees, wells, septic tanks, etc.).
  6. Non-load bearing structures. Windows and doors in public places, railings, parapets, porch canopies and other non-permanent fencing.
  7. The land on which an apartment building is located.
  8. Any systems for metering consumption, as well as storing and transmitting data, installed at the expense of the residents of the house (meters, electrical panels, cabinets, distribution devices, etc.).
  9. Other objects used for improvement, maintenance and operation of an apartment building (driveways, sidewalks, benches, playgrounds, flower beds, transformer booths, etc.).

If there was no general meeting on this issue, then, accordingly, the list of services is not specified. In such a situation, the management company or homeowners association arbitrarily determines what the tariff will be and what will be included there. However, in fact, residents will not know what exactly they are paying for, and therefore proper services are often not provided. This happens everywhere.

How to determine the composition of common property?

According to Art. 36 LCD composition of ODI includes:

  • everything that is not an integral part of the apartments and is intended to serve more than one apartment: landings, stairs, elevators and their shafts, corridors, utility rooms (attic, basement, etc.);
  • other premises used for leisure and other events;
  • roof of the house, fences, plumbing equipment, electrical equipment;
  • the territory on which the house is located and the surrounding area.

In this case, the size of the ownership share in the real estate is proportional to the share in the ODI for the resident (Article 37 of the Housing Code).

Information about all listed objects is contained in the unified state register of real estate and technical documents for the building, as well as in the land cadastre. If there is a discrepancy in the technical documentation with the data of the unified state register, then the latter are considered correct.

What is included in the maintenance of housing in an apartment building 2020

The waste removal category includes all actions of the management company, the purpose of which is to maintain the ideal sanitary condition of the apartment building . In addition to regularly cleaning the local area from debris, this also includes the following operations:

Is the intercom fee included?

The column “general household needs” appeared in payment documentation in 2017. This category includes all costs incurred by users for the consumption of resources, namely water and electricity. This means that the ODN category will include expenses for evening lighting of staircase landings in apartment buildings, watering lawns and flower beds, etc.

7. Sweeping and washing flights of stairs, landings and halls, and the floor of the elevator car. Wet wiping of walls, doors, mailboxes, window sills, heating devices, lighting devices, railings, metal elements of stairs, cabinets for electric meters. Wet wiping of walls, doors, ceiling of elevator car.

If the contract does not contain a corresponding clause that would be responsible for explaining the frequency of work carried out, then residents can use the table number 49, which is established by recommendations for standardizing the work of workers who work in the field of house maintenance.

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