Debts for major repairs are purchased along with the apartment

Those who are not beneficiaries, but still do not have to pay for major repairs

1) The law imposes the obligation to pay contributions for major repairs only on the owners of residential premises. Therefore, contributions cannot be charged to someone who is simply registered in an apartment without being its owner, as well as to residents of non-privatized apartments.

Please note that as soon as ownership of the property is terminated (for example, the apartment is sold or donated), the responsibility to pay for major repairs passes to the new owner.

This also applies to debts: if the previous owner did not pay for major repairs, then the new owner will have to pay off the debt. This rule applies only to contributions for major repairs (Part 3 of Article 158 of the Housing Code of the Russian Federation).

Therefore, before buying an apartment, be sure to check whether the seller has any debts on these fees - otherwise you will have to pay them.

2) The Housing Code of the Russian Federation exempts owners of apartments in a building that is recognized as unsafe or located on a land plot seized for state needs from paying for major repairs. At the same time, the owners are refunded the contributions for major repairs that they paid before.

3) Regions are allowed to exempt small houses with less than 5 apartments from paying for major repairs. All contributions that owners of apartments in such buildings previously paid are subject to refund.

4) For those who purchased an apartment in a new building, there is a certain period of exemption from contributions for major repairs.

The fact is that new buildings are included in the overhaul program only after the expiration of the period determined by the regional authorities (the Housing Code sets only its upper limit - 5 years).

For example, in the Nizhny Novgorod region, the period of exemption from fees for major repairs of new buildings is the same 5 years from the date of inclusion of the house in the regional capital repair program, and in the Sverdlovsk region - 3 years.

Have a question for a lawyer?

Is it possible to recover this amount through the court? Galina

Quite possible. The burden of maintaining the property always lies with the owner.

Hello, Article 158. Expenses of owners of premises in an apartment building [Housing Code of the Russian Federation] [Article 158] Nikolaeva Olga Romanovna

Yes, formally you will most likely have to pay, but this amount can therefore be claimed from the former owner.

Did he provide you with a certificate of absence of debt for housing and communal services before signing the contract?

According to Article 158 of the Housing Code of the Russian Federation, upon transfer of ownership rights, all responsibilities for maintaining the property are transferred, incl. and for cap. repair. You will not be able to recover from the former owner; the court will refuse you.

Article 210. Burden of maintaining property [Civil Code of the Russian Federation] [Chapter 13] [Article 210] The owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.

Article 158 of the Housing Code of the Russian Federation Expenses of owners of premises in an apartment building 3. The obligation to pay expenses for major repairs of an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises. When the ownership of premises in an apartment building to the new owner, the obligation of the previous owner to pay the costs of major repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, is transferred.

Client clarification

The rest of the bills are for water, utilities, etc. have been paid and receipts submitted.

04 October 2020, 22:05

In accordance with Art. 158 of the Housing Code of the Russian Federation, the debt for major repairs passes to the new owner:

When the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, is transferred.

Therefore, you, as the new owner, are obliged to pay this debt.

Article 158 specifically about major repairs says the opposite. The new owner will have to pay.

Alas, no, because... when ownership rights are transferred, the debts of the former owner are also transferred

When the ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs of major repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, is transferred.

In accordance with Art. 158 Housing Code of the Russian Federation, you will have to pay. And then collect from the seller.

3. The obligation to pay the costs of major repairs of an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises. When ownership of premises in an apartment building is transferred to the new owner, the obligation of the previous owner to pay the costs for major repairs of an apartment building, including the obligation not fulfilled by the previous owner to pay contributions for major repairs.

The norm is of course extremely strange, taking into account the provisions of Art. 153 of the Housing Code of the Russian Federation, according to which the owner pays for maintenance from the moment ownership rights arise. But it still exists and this norm has not been challenged.

Client clarification

I read all the laws, in my opinion, they are unfinished. It’s just that enough time has passed since this innovation and I would like to know if there are any loopholes or won cases, how to recover this amount back after payment?

04 October 2020, 22:10

Other com. You pay for services from the date of receipt of ownership. Only in relation to major repairs is the rule that the entire debt is paid by the new owner.

You are not required to pay these expenses, since the repairs were made before you became the owner of this purchased apartment and the seller of the apartment, that is, the former owner, must pay for it. That is, contractual relations arose only after the acceptance of ownership.

Client clarification

There have been no major renovations yet; this house will only be renovated in 15 years! PROBABLY)))

04 October 2020, 22:16

What does contractual relations have to do with it? There is a direct indication in Art. 158 Housing Code of the Russian Federation.

Unfortunately, Article 158 of the Housing Code of the Russian Federation applies only to major repairs, but housing and communal services from the moment they became the owner

This is interesting: What rights does a common-law wife have, can she claim an inheritance?

I haven’t found exactly such a practice, but I would try to collect it as unjust enrichment.

Article 1102. Obligation to return unjust enrichment

1. A person who, without the grounds established by law, other legal acts or transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except for the cases provided for in Article 1109 of this Code.

That is, in fact, the obligation to pay the cap. The previous owner had the repairs done, but he didn’t do it and you had to pay for it.

An analogy can be drawn according to the following. court. decision

Meanwhile, S., having acquired, in accordance with Article 36 of the Housing Code of the Russian Federation, the right of common shared ownership of the common property of an apartment building, created at the expense of the personal funds of the owners of residential premises, avoided bearing the costs of creating this property in proportion to the share of the residential premises belonging to her. In accordance with Article 1102 of the Civil Code of the Russian Federation, a person who, without grounds established by law or transaction, acquired or saved property at the expense of another person, is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment). The defendant, by evading payments for the completion of the house, established by the decision of the general meeting, saved her own funds, as a result of which the property was created without taking into account the contributions of S. Since the funds associated with this purpose were actually spent by the HOA "Kareltseva 105", which entered into the corresponding contracts and those who made payments, the requirements of the HOA “Kareltseva 105” to S. are legitimate.

Since the funds associated with this purpose were actually spent by the housing cooperative "Fifth House", which entered into the relevant agreements and made payments, the requirements of the housing cooperative "Fifth House" to K.V. about recovery in accordance with Art. 1102 of the Civil Code of the Russian Federation, costs not reimbursed by the defendant for completing the construction of the house in the amount of **** rubles. are legal.

Ways to find out about debt for major repairs via the Internet

On the State Services portal you can find out the debt for major repairs (in the first column of the “Electronic Services” section there is an “Find out about debt” icon). In addition to information about the debt for major repairs, other types of services are available on the portal:

view the license of the management company;
familiarize yourself with the list of benefits and subsidies;
enter meter readings;
submit a question/suggestion/complaint;
find out the ratings of organizations.

Another way to check debt is to use the Unified State Information System for Housing and Communal Services (GIS Housing and Communal Services). This system contains a register of management companies by region, as well as a news section in which it is convenient to track changes in the housing and communal services sector. From April 3, 2020, the service also became valid for special accounts, which are organized by voting at a general meeting of the house and facilitate control over the expenditure of collected funds.

IMPORTANT!
For free access to information about the debt for major repairs, you need to indicate a personal account in your personal account after registering on the site.

Who is exempt from paying contributions?

The following are exempt from payments for major repairs:

residents of emergency housing;
owners of apartments in multi-storey buildings subject to demolition;
owners of property located on a land plot seized by state or municipal authorities.

The legislation provides for subsidies for disabled people and unemployed pensioners. To register it in 2020, you will have to confirm that the owner of the property belongs to one of these categories.

Experts recommend: to avoid problems after the purchase, you should make sure that there is no debt for major repairs when selling the apartment, and also check the authenticity of all other documents.

From the video you can learn about the debt for major repairs to the new owner:

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write your question in the form below:

Receiving data by personal account number

The personal account system is designed to simplify the accrual procedure, streamline the purpose of receipts and track payments made. You can find out the size of your existing debt for major repairs by knowing your personal account number. To do this you need to contact:

management organization;
single settlement center;
or use Internet resources.

In the first two cases, the specialist, having entered the client’s account number into the database, will see and provide all the necessary information about the debt. In the latter case, when using Internet portals, the property owner independently indicates a personal account and receives the necessary information.

ADVICE!
It is convenient to find out information about the debt for major repairs on the Internet using a personal account on special services, as well as in online banking applications in the payments section.

Bank details for debt payment are attached to the personal account, all this is reflected on the payment document. The receipt can be general for utility payments and major repairs or separate. In addition, certain details correspond directly to the property, so the new owner will pay for repairs from the previous owner using the old details if there is a debt.

If we talk about a personal account for major repairs, then its number corresponds to a specific address; it is indicated on the receipt for major repairs. This is a distinctive feature from other types of accounts (usually the client’s personal data is assigned to it). In addition to the address, the following information is available on the personal account for major repairs:

Full name of the property owner;
number of registered people;
number of rooms;
area size;
level of improvement and order.

Receiving information by address

The most “labor-intensive” way to get acquainted with data on the debt for major repairs is to personally go to the regional office of the Capital Repair Fund for Apartment Buildings. As a rule, people who apply to a management company or a homeowners' association (HOA) are also addressed there. It is recommended to have with you:

certificate of ownership;
identification document.

ATTENTION!
When completing a purchase and sale transaction, the owner, at the buyer’s request, must issue a certificate confirming the absence of debt for major repairs.

In practice, in most cases this document is necessary, since if there is a debt, the new owner of the property will have to pay it.

IMPORTANT!
The owner of the property or a person registered in the area has the right to receive information about the address in the Overhaul Fund.

To save your own time, before going to the appointment, it is better to find out the operating hours of the department.

Home inspection before purchasing

In order not to have to go to court with an application against your predecessor to collect debts from him for major repairs, it is worth carefully checking how regularly he paid for the services for the maintenance of common property in the apartment building in which his apartment was located.

Before buying an apartment, you should make sure that there are no debts on it

Before concluding a purchase and sale agreement, you must request:

The seller has receipts confirming that he has paid all contributions for major repairs in the prescribed amount. On the day of sale, the owner should not have any debt.
The paying agent, homeowners association or management company has a statement of the personal account of the owner who decided to sell the property. It reflects all debts. The potential buyer has the right to request such documents.

Note: if the new management company began to fulfill its obligations after the registration of ownership of the property by the seller, the relevant documents must be requested from its predecessor. This will delay the process, but the buyer will be able to make sure that there are no debts and avoid problems in the future.

In some regions of Russia, an online service has already been launched that allows you to track information whether receipts for utilities and major repairs have been paid at a specific address. This system speeds up the process, because there is no need to wait until the documents are sent to the manager by mail.

Sometimes the seller unknowingly leaves such debts, forgetting in the hustle and bustle to pay the receipts received in recent months. This issue can often be resolved amicably by showing a certificate issued by the HOA or management company, which confirms that the bills were not paid for the period when the seller was registered as the owner of the apartment. Conscious citizens make such payments voluntarily; the matter does not come to court proceedings.

How to buy an apartment with debts

Next, you should find out whether it is possible to sell an apartment with a debt for major repairs. It is relevant both for unscrupulous sellers and for buyers who are careless in checking all documents and receipts. The question is clear - such a possibility exists, and the debts are transferred to the new owner of the apartment along with the property.

A properly drafted purchase and sale agreement will help protect yourself

In order to somehow protect yourself and be able to legally recover the appropriate amount from the seller, you must:

In the purchase and sale agreement, include a clause obliging the seller to provide receipts confirming the fact of payment for major repair services for the entire period of ownership of the property.
Request receipts. Even if the seller provides fake documents, it will be easier for the buyer to prove his case in court.

Having bought an apartment with debt for major repairs, you should know how not to incur additional expenses after purchasing the property. Having the above documents in hand, you can safely go to court. In this case, it is advisable to pre-pay off the debts and demand full compensation from the previous owner.

Note: if we are talking about a small amount of debt, and the previous owner refused to pay it voluntarily, it is not always advisable to go to court. You will have to spend a lot of time and effort, as well as pay legal fees.

Is the previous owner obligated to pay debts for major repairs?

An apartment is not a cheap purchase, so when concluding a transaction you should not rely on the honesty and decency of its owner. Judicial practice shows a lot of excitement around this issue - new owners, after paying a large sum, discover the fact of fraud, while the culprit is rarely found. Another common problem is debt for major repairs from the previous owner. The reason for falling for any of the tricks regarding property issues is the buyer’s negligence in checking all the documents. Without examining documents, checking all receipts, or trusting the recommendations of friends, you can irrevocably lose your money.

This is interesting: New traffic regulations 2020

Transfer of debt for major repairs to the new owner

It is legally considered that the debt for major repairs from the previous owner relates to the property and not to the owner. This approach is enshrined in Part 3 of Article 158 of the RF Housing Code[1]. Therefore, when the owner of premises in an apartment building changes, ownership rights are transferred to the new owner, and along with it, the debt to pay this debt is transferred from the previous owner.

Debts for utilities (heating, water, electricity) remain with the old owner. A change of owner refers to the transfer of ownership of real estate through purchase and sale transactions, donation, and inheritance.

In the event of privatization of an apartment, existing debts for major repairs continue to be registered with the municipality and do not pass to the new owner.

The debts of the old owner are presented for payment to the new owner, starting from the beginning of 2013. The amount of debt can be quite significant over such a long period of time.

The new owner of the premises will have to transfer the unpaid fees. Taking into account the limitation period, contributions are awarded for payment for no more than three previous years from the date of registration of ownership.

Major repairs can be carried out several times over a long period of operation of the building. During this period, more than one owner of the apartment may change, but funds for major repairs must be collected.

Debt for major repairs of the previous owner: how to act and protect yourself

The procedure under which debt for major repairs is carried over is relatively new - it has only been in effect since the summer of 2015. The fuss and controversy around the capital repair program (especially around the “common pot”) is growing, and therefore lawyers predict an increase in the number of defaulters and advise home buyers in the coming years to “keep their eyes open” and pay close attention to checking debts and documents.

In the case of large debts, you can file a claim against the former owner, however, employees of capital repair funds warn that court decisions on debts for major repairs are very rarely decided in favor of the new owner. The courts are reluctant to consider such cases and are of the opinion that no one but himself should pay for the buyer’s carelessness.

The amount of state duty for divorce in 2019

Is it possible to cancel debts for major repairs from the previous owner of the apartment?

Good afternoon, dear employees of Tinkoff magazine!

I came across a situation that I think will be of interest to many people purchasing secondary housing.

I purchased an apartment on the secondary market, and the previous owner did not make payments for major repairs from the beginning of their accrual, so a significant amount (about 10 thousand rubles) had accumulated there.

And since the fact of concluding an agreement to make payments for major repairs is the first payment or personal signature, then perhaps the previous owner did not consider himself bound by the obligation to pay.

Is the accrued debt mine? Do I just need to re-register it along with the contract in my name? Or do I have the opportunity to refuse it by submitting an application for a new contract in my name, without taking into account previous debts? I will be glad to hear a competent opinion. Thank you!

Ilya F.

Last year, the State Duma thought about assigning debts for major repairs to the previous owner. The Housing and Communal Services Committee did not support the bill and it was rejected. So now the following rule applies:

When buying an apartment, the buyer is forced to check for himself that there are no debts on the apartment for major repairs. You can ask the seller for receipts or get a certificate from the management company.

If you did not do this, it is considered that you agreed to buy an apartment with a debt. Maybe this was a reason to get a discount.

There is a chance to demand this money from the seller of the apartment. To do this, you will have to prove that the former owner deceived you: for example, when completing the transaction, he showed fake receipts for payment of the debt or entered into a conspiracy with the HOA accountant. But first you still need to pay off your debts, and only then demand compensation through the court. And it is not a fact that you will win the case and return legal expenses.

What may be the consequences of non-payment for major repairs - court

Penalty;
Court decision plus legal fees;
Debt collection with the help of the enforcement service;
Sale of rights to claim debt to collection organizations;
When the amount of debt exceeds 10 thousand rubles , bailiffs have the right to restrict a citizen’s rights to travel abroad;
Additionally, bans may be imposed on the sale of movable and immovable property.

From the point of view of a specialist who objectively examines the current legislation, the situation is not so clear-cut. The first disagreement between the laws is that the process of paying for capital repairs itself contradicts the Constitution of the Russian Federation.

This is interesting: Work on insulation of the Kosgu pipeline

Are debts for major repairs transferred to the new owner?

According to the third part of Federal Law No. 257-FZ of July 29, 2020, the obligation to pay contributions for major repairs applies to all owners of premises in the building from the moment they receive the right to own the premises.

Important! When transferring ownership to a new owner, the obligation to pay contributions to the PC Overhaul Fund is transferred, as a result of which all citizens are recommended to request, when purchasing, a certificate from the previous owner indicating that there is no debt in payment of contributions.

Paragraph three of Article 158 of the Housing Code of the Russian Federation suggests two versions of further events:

The responsibility for payment will pass to the one who bought the property, regardless of the moment the debt arose, thus the next owner will pay off the debts of the previous owner;
If the previous owner was a subject of the Russian Federation or a government body, a public or state organization, the debt remains with the old one;

Judicial practice: how contributions for major repairs are collected

In 46 out of 68 precincts of magistrates, no cases of collection of contributions by the Capital Repair Fund have been registered at all. These are sections 2, 6, 8, 12, 62, 63 and 67 in Vologda; 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 65 and 66 in Cherepovets; 29 in the Vologda region; 31 and 32 in the Vytegorsky district; 36 in Sokolsky district; 38 in the Cherepovets district; 40 and 41 in the Sheksninsky district; 42 in Babaevsky district; 43 in Babushkinsky district; 44 in Belozersky district; 45 in Vashkinsky district; 46 in Verkhovazhsky district; 47 in the Vozhegodsky district; 48 in Kaduysky district; 49 in Kirillovsky district; 50 in Kichm.-Gorodetsky district; 51 in Mezhdurechensky district; 52 in Nikolsky district; 53 in the Nyuksensky district; 54 in Syamzhensky district; 55 in Tarnogsky district; 56 in the Totemsky district; 57 in the Ustyuzhensky district; 58 in the Ust-Kubinsky district; 59 in Kharovsky district; 60 in Chagodoshchensky district.

Courts have no problem collecting debts on contributions for major repairs.
In most cases, collection is carried out in a simplified manner - on the basis of a court order.
Not paying costs yourself more. Judicial collection of contributions for major repairs will increase your debt amount by at least 1200-1400 rubles (state fee to the court is 200-400 rubles, if the amount of unpaid contributions is no more than 20 thousand rubles + enforcement fee of bailiffs is at least 1000 rubles).

This is interesting: Payments for state awards of the Russian Federation

How to draw up an agreement that will protect against such “surprises”?

Separately write out a clause requiring the former owner to provide a receipt confirming payment of all contributions;
Ask for receipts. If the seller provides forged documents, using them and the clause specified in the contract, it will become easier to prove the need to pay the debt by the former owner of the property;

Important! If you buy an apartment with a debt, but have a well-drafted contract, you can calmly contact the authorities, and it will be easier and more convenient to first pay the debt, and then demand full compensation from the former owner.

If you took out a loan to pay off debts for major repairs, then all costs and interest are also charged to the debtors; those who did not pay the debt must bear inflation and exchange rate changes.

Methods for checking debt

Often, tenants or even new apartment owners discover that there is a debt for major repairs at their address. Often, along with this debt, there are other types of debt - for housing and communal services, garbage removal, etc.

New owners or tenants, of course, do not expect to see a large amount owed. However, often the previous owners leave behind an extremely unpleasant “tail” in the form of an extra several tens of thousands of rubles of debt.

And it would be nice if the previous residents at least left receipts. But in most cases they are simply not found anywhere - neither in the house itself, nor in the mailbox.

There are several ways to find out your debt online:

You can view your account status through the State Services service;
On the website of your Unified Settlement Center, which is responsible for servicing your home;
Through a personal appeal to the Capital Repair Fund or the Homeowners Association.

In all of the above cases, searching for your home is possible by address, personal account or by an already generated receipt.

Through State Services

The convenience of this method is that the entire procedure is done online - you will not need to go anywhere, collect documents, etc. It is enough to have a registered account in the State Services system, access to the Internet and the address of your home. So, how can you find out the debt for major repairs at an address? Follow our instructions:

Go to the State Services website at https://www.gosuslugi.ru
If you do not have your own account, you will need to register on the resource. To do this, click on the “Personal Account” button in the upper right corner, then click on the “Registration” button. You will need to enter your passport and contact information. Next, an SMS message with a verification code will be sent to your specified mobile number. Confirm ownership of the number, after which registration will be completed;
Next, click on the “Service Catalog” button at the top of the site. Find the section “Payment for housing and communal services” ( https://www.gosuslugi.ru/10373/1 ). Click “Get a service”, enter your address, after which the system will automatically display the status of your account: existing debts, accrual dates, division of payments into categories, etc. In addition, right here you can pay off your debt by paying with a bank card, e-wallet or other way.

Thus, you only need a personal account on the State Services website. In this case, your personal account number will not even be needed - you only need the address of the apartment or house.

On the website of your URC or HOA

The method is very similar to checking your balance through State Services - everything is done via the Internet in a couple of clicks. In addition, checking the balance through the website of the service organization well answers the question “how to find out the debt for major repairs on a personal account”, because in this case, to check the debt you will not need anything other than a personal account.

The algorithm of actions is as follows. First, you need to find out which company is doing the major renovation of your home. To obtain this information, you can contact the Capital Repair Fund.

Next, go to the website of your URC or HOA. You will first need to go through the registration procedure - as a rule, they only require an email, a password for a new account and a personal account number. You will receive an email with a link inside - you need to follow it to confirm. After confirming your email, you can already track the status of your balance.

The design and functionality of the site directly depends on the URC or HOA, so it is impossible to give universal instructions. Try to find the section “Balance”, “Amount to be paid”, “Pay for major repairs”, etc. As a rule, this is where information is located for the user about the amount of debt and the date of its occurrence.

In person at the FKR or HOA

Unlike all previous methods, personal application requires time and a small package of documents, without which the center employees will refuse to provide information. You need to take with you:

Certificate of registration of ownership or other document confirming your right to housing;
Internal passport of the Russian Federation. It is especially good if it has a stamp indicating permanent registration at the address about which you want to receive information.

The addresses of the FKR or HOA can be found using online maps like Google Maps or Yandex Maps. Only the person who is registered in the housing space on a temporary or permanent basis, as well as the owners of this housing (even if there are many owners, and each has only a small share of the housing) can apply to the FKR or HOA.

FKR or HOA employees are required to provide you with all the necessary information on the day of your application. In practice, the client is informed about the status of his personal account immediately after checking the documents, i.e. The entire operation takes no more than 20 minutes.

Attention: the seller is obliged to give the buyer, upon purchase and sale, an original certificate of absence of debt on utility bills, because otherwise, if there are still debts for major repairs and housing and communal services, the new owner of the property will have to resolve the issue independently. Perhaps even through litigation, which is confirmed by extensive judicial practice in resolving housing disputes. Therefore, when buying an apartment, be sure to ask the seller for the appropriate certificate.

How to find out the personal account number for major repairs at an address via the Internet

This is a general document with which you can pay for the maintenance of living space and utilities; it was introduced for the convenience of the population and to improve the payment system. EDPs are generated and sent by mail to pay for housing and communal services in Moscow.

How to find out the debt for major repairs

Let's consider a situation where a tenant has a meter in his apartment, he has not encountered scammers and pays utilities on time, but suddenly discovered that he has accrued a non-existent debt. The easiest way to solve the situation is to collect existing receipts, preferably for the last 3 years. To bypass the authorities, it is better to make copies of payment documents to avoid misunderstandings and “accidental” losses of evidence. With the collected papers, contact the accounting department of the management company.

Unfortunately, the debt is transferred from the previous owner to the new owner of the property. This legal norm is enshrined in Article 158, Part 3 of the Housing Code of the Russian Federation. The confusion arises because, according to Art. 210 of the Civil Code of the Russian Federation, debts for utility bills are assigned to the citizen during whose period of ownership these debts appeared in the first place. However, Art. 158 part 3 of the Housing Code of the Russian Federation separates the concept of “contributions for major repairs”, therefore Art. 210 Civil Code of the Russian Federation.

To find out about your debts for major repairs, you can: come in person to the FKR or HOA; check all receipts; finally, verification is possible completely online through State Services or the websites of service companies. In this article, we look at how to check debts, and also clarify certain nuances regarding contributions for major repairs.

Limitation period for debt for major repairs

We recommend reading: TV depreciation group 2020

However, with payments for major repairs the situation is the opposite: Therefore, it would be wise to check whether there are debts for major repairs when purchasing an apartment. Accordingly, if there is a debt, you can ask the old tenants to reduce the price.

This will also make it possible to warn prospective future owners that the seller is acting dishonestly, wanting to “hang” on them the cost of major repairs, which he should have carried out himself.

Debt for major repairs when purchasing an apartment

Where can I see the debt for major repairs? Many capital repair funds have their own websites that provide a variety of services, including complete information on debts and payments made by residents .

In this article we will answer the following questions: what are the consequences of evading payment for capital repairs? where does the collected money go? who has the right not to pay? How to find out the debt for major repairs? Find answers to these and other questions in this article.

Who is responsible for paying debts?

Citizens and organizations are required to pay rent and utilities on time and in full.
The obligation to pay for residential premises and utilities arises from the moment the ownership of such premises arises, taking into account the rule established by Part 3 of Article 169 of this Code (Article 153 of the Housing Code of the Russian Federation).

As follows from this law, the responsibility for paying debts lies with the seller. At the same time, the legislator clarifies that the buyer must still repay a certain type of debt - payment of contributions for major repairs (clause 3, p. 169 of the Housing Code of the Russian Federation).

Payment of debts by the new owner.

The transfer of a debt from a debtor to another person can be made by agreement between the original debtor and the new debtor. In obligations related to the implementation of business activities by their parties, the transfer of debt can be made by agreement between the creditor and the new debtor, according to which the new debtor assumes the obligation of the original debtor.
The debtor's transfer of his debt to another person is permitted with the consent of the creditor and, in the absence of such consent, is void. If the creditor gives preliminary consent to the transfer of debt, this transfer is considered to have taken place at the moment the creditor receives notification of the transfer of debt (Article 391 of the Civil Code of the Russian Federation).

Thus, the buyer may have an obligation to pay utility debts only if the parties have entered into an agreement to transfer the debt. Otherwise, all demands for payment are unlawful.

It is worth considering here that the buyer can sign an obligation to transfer the debt without noticing this clause in the contract. That is why careful study of all aspects of the agreement is key to reducing the risks of purchasing real estate.

How can the seller and buyer reach an agreement?

The parties may agree to repay the debt during the purchase and sale transaction. This can be done in different ways:

Agree on making an advance, which will be used to pay for utilities (this fact must be reflected in the advance agreement, specifying the purposes for using the money received).
Reduce the cost of the apartment by the amount of the utility debt (in this case, it is worth considering that the seller has no guarantees that the buyer will actually make the necessary payments).
The seller must repay the debt before concluding the purchase and sale agreement, having previously found the necessary funds (for example, take out a loan from a bank).

The last method is the most preferable. Because the object of a transaction without debt does not pose any risks for either party.

Drawing up a purchase and sale agreement.

The agreement is drawn up according to the standard scheme, indicating:

Details of the parties.
Subject of the transaction.
Cost of living space.
Method and terms of payment.
Rights and obligations of the parties.
Responsibility for their failure to comply.
Additional conditions.

The last paragraph describes the option for paying off debts. Here you need to indicate whether the buyer assumes obligations to make payments. Otherwise, the text of the agreement must include the details of the appliances, which will prove that the apartment was purchased with debts. Information from the meters must also be indicated in the transfer and acceptance certificate, which will record the fact of successful completion of the transaction.

Legal nuances

Can they sue for major repairs if there is a debt? In the process of clarifying the situation regarding payment of bills for major repairs, the opinions of specialists vary significantly. The difference in opinion depends significantly on which side the lawyer or advocate takes.

If a lawyer defends the interests of the municipality, then his clear conclusion will be the need to fully and unconditionally follow the requirements of the Housing Code.

The Code obliges owners of both apartments in new buildings and apartments on the secondary market to pay contributions to the capital repair fund.

IMPORTANT! Failure to pay contributions for major repairs may result in fines.

The authorities have chosen the legal form of operators that accumulate funds for capital repairs in such a way that they can accumulate funds only on a voluntary basis. This applies to payments from both individuals and legal entities.

The formulation of the concept of “fund”, which is described in Article 7 of the Law “On Non-Profit Organizations”, makes sense in the fact that such a non-profit organization can be created by citizens or legal entities.

It will be based on voluntary property contributions and will be aimed at achieving goals related to cultural, charitable or other activities.

Article 26 of this law regulates the process of receiving funds and allows for the possibility of using fundraising both one-time and monthly .

The fund can also be replenished through the sale of goods, performance of certain works and through various types of income, for example, dividends from stocks or bonds.

In language accessible to the average person, the foundation can accumulate funds exclusively from charitable contributions that the owners can make.

The Housing Code and Article 153 in particular obliges apartment owners to pay all utility bills, including for residential premises. The fee for major repairs also applies to such mandatory payments.

INTERESTING! Based on the contradictions in the current legislation, a certain legislative conflict is clearly monitored. It lies in the fact that the mandatory collection of funds for the capital construction fund is contrary to the Civil Code and the Constitution of the Russian Federation.

Since the owner of the premises is obliged to maintain his property. But officials have the opportunity to use the collected funds from the owners of one house for the needs of another house , based on the schedule of repair work.

Agreement on the intention to carry out major repairs of property that is in common ownership can be made on the basis of a decision of
the general meeting of residents of the housing construction .
This procedure is regulated by article number 44 of the Housing Code of the Russian Federation.

From a legal point of view, apartment owners begin to pay for major repairs of their houses only after a general meeting held by the municipal authorities.

How to legally avoid paying for repairs?

There are several ways that will help you avoid paying bills for major repairs, but you should keep in mind that you won’t be able to do without costs at all:

You can pay bills from the funds received for renting out your home. You can assign the responsibility to pay the bills for major repairs to the renters, thereby saving all your money.
You can refuse to pay for major repairs if the residents of an apartment building can independently donate money and organize major repairs of their home. However, for this it will be necessary to hire a qualified team of specialists.
However, the best way to avoid paying for major repairs without material loss for yourself is through advertising. You can use the facade of a residential building to place various advertising posters and announcements on it. This is a completely legal action, so the money received from advertising can be spent on renovating your home.

What is included in the maintenance and major repairs of a home?

Do I need to pay for major repairs in a new building?

There are also cases where residents in one new building receive a receipt for payment for the first month of their stay, but residents of a neighboring new building receive nothing at all.

Due to the fact that residents simply do not know the legal order, they will regularly pay fees, although they should not. And someone will be very indignant, but will still go and pay.

What does the privatization of a summer cottage include? Tips and information are in this material.

Should I pay for repairs or not? This question depends on numerous factors, for example, it is necessary to take into account the legislation of your region. After all, it is determined by law whether contributions should be collected from residents for major repairs.

Choosing a control unit is the most basic thing you need when living in a new home. Such organizations should deal with apartment buildings.

It is their responsibility to carry out all necessary repair work, as well as draw up a plan according to which major repairs will be carried out in the future.

However, money from the house capital repair fund can also be used to improve the surrounding area. After all, you can:

Green the area;
Install benches;
Provide additional lighting;
Improve the children's playground.

But each person individually must finally decide for himself whether to pay bills for major repairs or not. After all, if you don’t do this, you may face serious problems with the law.

You will find information on how to officially avoid paying for major repairs in this video:

Arbitrage practice

Payment of contributions to the capital repair fund is one of the most common disputes in the field of disputes regarding utility payments. The owner needs to know his rights if he is sued for failure to pay for major repairs.

According to lawyers , as long as this process is regulated by regional laws, which are collected in the Housing Code, judicial practice will not undergo any significant changes.

Specialists in this field conducted a special study. It was carried out using the example of one of the regions of the Russian Federation. Statistics at the end of 2020 in percentage terms were as follows:

The capital improvement fund received about 82% positive decisions;
Just over 18% were under review;
Only one solution was published.

What might this information indicate?

Judging by the high percentage of decisions in favor of the Capital Repair Fund and the absence of court decisions, with the exception of one, for capital repairs the court has the ability to collect debts from citizens without hindrance .

The vast majority of collections of unpaid payments for major repairs through the court took place in a simplified manner. This means that the court for payment of capital repairs issues not a decision, but a court order that must be executed.

IMPORTANT! Collection of fees through the court for non-payment for major repairs increases the amount of debt by at least 1,500 rubles.

Debt for major repairs judicial practice

Refusal of payments After mandatory payments to the capital repair fund were introduced by law, many homeowners in new buildings simply began to refuse to make payments to such a fund. If the monthly payment is not received into the account of the management organization one day after the deadline of the billing period, such payment is considered overdue. In this case, a penalty is charged, which is comparable to the amount of the debt.

INTERESTING! Based on the contradictions in the current legislation, a certain legislative conflict is clearly monitored. It lies in the fact that the mandatory collection of funds for the capital construction fund is contrary to the Civil Code and the Constitution of the Russian Federation. Since the owner of the premises is obliged to maintain his property. A major overhaul is a specific set of works aimed at ensuring a normal condition, from the point of view of legislation and building codes. It includes various extensive works that provide the residents of the house with comfort and safety. The Civil Code also obliges apartment owners to maintain their acceptable condition. This is stated in Article 210. In real life the situation is different. Content

This is interesting: When transferring a pension to another area, the pension is recalculated according to a new one or remains the same as it was calculated

Who can punish?

What will happen to those who do not pay? Neither a meeting of residents, nor an HOA, nor even a management company can force a defaulter to make payments , much less impose a certain punishment on the violator.

This prerogative belongs to the state body of justice, namely the magistrate or district court, the instance is determined depending on the amount of the claim.

The court may use different types of penalties depending on what facts are relevant to the case and the amount of nonpayment.

Having familiarized ourselves with judicial practice, we have compiled a list of the most common types of influence on a citizen (in other words, punishments) which are aimed at restoring justice and repaying debt. Read about how to find out the debt and pay the fee for major repairs via the Internet, and how to get to your personal account on the website of the fund for major repairs.

Accrual of penalties

What happens if you don’t pay into the fund for capital repairs of apartment buildings? Accrual of penalties (interest on late payments) is the most popular way of influencing the defaulter.

The penalty is charged for two months of late payment and increases in proportion to the amount of the debt. This is stated in Article 155 of the Housing Code of our country in part 14.1.

The amount of the accrued penalty is determined by the court . Of course, no one will file a claim against you if your debt is only 100 - 200 rubles.

But if the delay is of a more significant nature with the same significant amounts, then the management company or your HOA has no choice but to influence you through the courts.

The penalty cannot accrue forever . If contributions for capital repairs are not paid within six months, the court resorts to another measure of punishment and summons the defaulter to court for proceedings, no longer leaving him a chance for correction.

How to find out the debt for a single payment document for major repairs when purchasing an apartment

A new window will display the address of the owner, as well as the amount of the assigned debt and brief details of the non-profit organization for collecting payments. If you are not going to pay the debt for major repairs yet, then you can close the window. But do not forget that non-payment may result in legal action.

Debt for major repairs: where to find out and what to do with the debt from the previous owner

Any changes can be made only on the basis of documents confirming such a need. The payer's identifier for making a contribution for major repairs, in other words, his personal account, is printed on each receipt and is a set of numbers.

After processing the entered information, a window will appear where you need to enter the personal account number of the bank card from which the payment will be debited. After entering the correct combination of numbers, click “Continue” and proceed to the next step.

This state website not only allows you to find out all the news about federal, regional and regional regulations relating to housing and communal services, in particular, major repairs, but also the amount of your debt for the service, as well as pay the debt.

How to find out the debt for major repairs via the Internet?

How to pay a contribution for major repairs via the Internet using Sberbank Online? Registration is carried out during the creation of a bank card, so all that is required of you is to go to your personal account and, by selecting the “Payment for housing and communal services” category and entering the name of the service and its supplier, as well as the time and amount of payment, confirm your actions.

We recommend reading: Beekeeping, Selling Honey, Production of Honey OKVED 2

In the latter case, the costs for generating and printing invoices will fall on the shoulders of the owners. They will have to determine the source of funding for these works and the amount. Therefore, most often, residents of the house vote for the inclusion of an additional line in existing receipts for housing and communal services.

This is stated in the letter of the Ministry of Construction of the Russian Federation dated 07/07/2020 No. 12315-АЧ/04. However, the department notes that even if invoices for payment of contributions for major repairs are printed and sent to the owners of premises in the apartment building by a settlement center or other authorized organization, the regional operator or the owner of the special account is still responsible for failure to fulfill the obligation to send payment documents.

An approximate form of a payment document for major repairs is given in No. 43/pr

Depending on the method of forming the capital repair fund, payment documents are issued either by the regional operator or by the owner of a special account. But at the same time, these persons or organizations have the right to assign the responsibility for issuing invoices for paying contributions for major repairs to other persons.

In contrast to debts for utility bills, which remain with the previous owner of the home upon sale of real estate ( Civil Code, Art. 210 of the Civil Code of the Russian Federation)

, unpaid receipts for major repairs are transferred to the new owner (
Housing Code, Article 158 of the Housing Code of the Russian Federation, part 3)
.