Should the ability to pay for housing and communal services and major repairs without fees be guaranteed?
According to the requirements of paragraph 1 of Article 16.1 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”, the seller (executor) is obliged to ensure the possibility of paying for goods (work, services) by using national payment instruments, as well as cash payments at the choice of the consumer
.
It is important to remember that in this case you are a consumer, and the management organization, utility supplier or regional operator of major repairs are the performers of services and works, therefore compliance with the requirements of the law “On the Protection of Consumer Rights” is mandatory
for all these organizations.
When paying for goods, works or services, the seller or supplier has no right
establish different prices for one type of service depending on the method of payment through cash payments or within the framework of the applicable forms of non-cash payments (clause 4 of Article 16.1 of the Law of the Russian Federation of 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights”).
Other regulations also stipulate that, unless otherwise provided by the contract, the consumer has the right, at his own choice, to pay for utilities in cash, in non-cash form and in other forms provided for by the legislation of the Russian Federation, with the obligatory preservation of documents confirming payment for at least 3 years from the date of payment (clause 65 of the Rules for the provision of utility services, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354).
Based on all these norms, it follows that a bank commission is mandatory only if it is included in the cost of a service or work in the agreement on the basis of which these services are provided or these works are performed.
Wherein. If we are talking about utilities or major repairs, then the tariff rates are set by the relevant government authorities
, and we cannot talk about any commission included in the cost of services in the contract.
If we are talking about a fee for the maintenance of residential premises, which includes: a management fee, a fee for the maintenance of common property in the house, a fee for routine repairs of common property, then the total amount of this fee is the price of the contract (Part 7 of Article 156 Housing Code of the Russian Federation). And accordingly, if there may be any mandatory commissions, then they should be included in the structure of this fee only by decision of the general meeting of owners of premises in an apartment building, and cannot be included in a separate line in the payment order.
That is, a separate line in the payment slip that requires payment of some additional fees is illegal.
— Housing Code of the Russian Federation.— State standard of the Russian Federation GOST R 51929-2002 “ Housing and communal services. Terms and Definitions
«.
- Decree of the Government of the Russian Federation dated May 23, 2006 No. 307 “ On the procedure for providing utilities On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on management, maintenance and repair common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration
«.
— «Rules and regulations for the technical operation of housing stock
", approved. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170.
— «Methodological manual for the maintenance and repair of housing stock MDK 2-04.2004
", approved. Gosstroy of the Russian Federation.
— Decree of the Government of the Russian Federation of September 23, 2010 No. 731 “ On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings
«.
— Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “ On the provision of utility services to owners and users of premises in apartment buildings and residential buildings
«.
- Decree of the Government of the Russian Federation dated September 26, 1994 No. 1086 “ Regulations on the state housing inspection in the Russian Federation
«.
— Decree of the Government of the Russian Federation of June 30, 2004 No. 322 “ On approval of the Regulations on the Federal Service for Supervision in the Sphere of Protection of Consumer Rights and Human Welfare
«.
— Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 10, 2010 No. 64 “On approval of SanPiN 2.1.2.2645-10”, “ Sanitary and epidemiological requirements for living conditions in residential buildings and premises
».
— Law of the Moscow Region of November 30, 2004 No. 161/2004-OZ “ On state administrative and technical supervision and administrative liability for offenses in the field of improvement, maintenance of facilities and work on the territory of the Moscow Region
«.
— Law of the Moscow Region of November 29, 2005 No. 249/2005-OZ “ On ensuring cleanliness and order in the territory of the Moscow Region
«.
— letter of the Ministry of Regional Development of the Russian Federation No. 10611-YUT/07 dated 06/04/2007 “ On clarification of the Rules for the provision of utility services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, regarding changes in the amount of fees for utility services when provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration
«.
— Law of the Russian Federation of February 7, 1992 No. 2300-I “ On the protection of consumer rights
«.
— Federal Law of May 2, 2006 No. 59-FZ “ On the procedure for considering appeals from citizens of the Russian Federation
«.
— Federal Law No. 8-FZ of February 9, 2009 “ On ensuring access to information on the activities of state bodies and local governments”
«.
— Federal Law of January 17, 1992 No. 2202-I “ On the Prosecutor’s Office of the Russian Federation
«.
— Code of the Russian Federation on Administrative Offenses
dated December 30, 2001 No. 195-FZ.
— Civil Procedure Code of the Russian Federation
dated November 14, 2002 No. 138-FZ.
What to do if all payment methods involve some additional fees?
According to the requirements of Article 37 of the “Law on the Protection of Consumer Rights” and Article 861 of the Civil Code of the Russian Federation, consumers have the right to make payment by depositing cash directly to the service provider. Moreover, since payment is made directly to the supplier, he has no right to ask for any additional commissions above the contract price.
Courts have interpreted these requirements to mean that all service providers, contractors and sellers must provide at least one payment method that does not involve additional fees
.
Moreover, if the buyer does not know a payment method without a commission, the supplier is obliged to provide information about it to the consumer (Part 1 of Article 10 of the Law “On Protection of Consumer Rights”). Such information must be provided immediately (Part 1 of Article 495 of the Civil Code of the Russian Federation).
Accordingly, two problems are possible: either there is no commission-free payment method, or there is one, but information about it is not provided to the consumer.
In both cases, it is necessary to file a complaint with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor).
If a payment method without commission does not exist in principle, or exists formally, but does not work
(the cash register in the management company, homeowners association is always closed) then Rospotrebnadzor brings the management organization to administrative responsibility, provided for in Part 4 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation, for violation of other consumer rights established by law related to payment for goods (work, services).
In this case, a fine is imposed in the amount of 15,000 to 30,000 rubles for officials, and from 30,000 to 50,000 rubles for legal entities.
If a payment method without commission exists, but information about it is not provided to the consumer
, then Rospotrebnadzor brings the management organization to administrative liability provided for in Part 1 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation for violating the consumer’s right to receive necessary and reliable “information”.
In this case, the fine is already smaller and ranges from 500 to 1000 rubles for officials, and from 5000 to 10,000 rubles for legal entities.
Rent: payments for utilities
Utility payments are what we call rent. They consist of two parts - payment for utilities and fees for maintenance and repairs of housing.
The first part - utilities - is a payment for the supplied resources - water, electricity, gas, heating and hot water, as well as sewerage (sewage).
Here the question immediately arises - if these are resources, something that can be touched, then why is it called “Common House Load”, or CLO, which quite noticeably affects the payment for utility services.
But before moving on to ODN, let’s figure out how utility bills are calculated in the absence of consumption meters—both communal and individual.
In this case, the calculation is carried out according to CONSUMPTION STANDARDS, the value of which usually depends on the number of registered residents in the apartment (we will leave heating aside for now).
The calculation is carried out according to the following formula: standard (cubes, kW*hours) multiplied by the number of registered multiplied by the tariff,
or N x n x T = P (N - standard, n - number of registered in the apartment, T - tariff, P - fee)
When paying according to the standard, its amount usually turns out to be three times larger than according to the meter, since the consumption rate is set at approximately 250 liters of cold and 100 liters of hot water per person per day (provides for the possibility of taking a bath every day, etc.), which is 8 cubes of cold and 4 hot per month for each registered person. It should be taken into account that all this also affects water disposal - after all, its value is equal to the total consumption of cold and hot water.
The second possible case, which is now widespread, is the presence of a communal meter in the absence of a meter in the apartment.
Payment according to the norm is beneficial only if there are many unregistered tenants living in the apartment, who are not taken into account when calculating, but you need to keep in mind that in this case the neighbors may draw up an act on the residence of unregistered tenants in the apartment, and the matter may not end very well.
The amount of payment for utility services if there is an individual meter in the apartment is determined by simply multiplying the tariff by the amount of resource consumed according to the meter readings.
Installing a meter is usually beneficial primarily to consumers of the resource, so, when two people live in an apartment per month, the meter, even if you don’t really limit yourself in consumption, “winds up” no more than 4-5 cubic meters of cold water and about 3 hot water, which is more than twice less than the norm.
In addition, you need to take into account that the water drainage (sewage) service will also decrease approximately the same.
All of the above applies to the calculation of payment without taking into account the general household load. To calculate it, the readings of all individual meters installed in the house, installed both in apartments and non-residential premises, are subtracted from the readings of the general house meter; in the case of cold water, also the amount of water spent for the hot water supply system (if the house has a boiler or heat exchanger) , and if there are consumers in the house who do not have meters installed - also the amount of resource corresponding to their consumption according to the standard.
The formula will look like this:
Vo day = V house - V apt - V soft - V normal - V hot - V heating,
where Vdn is the volume of resource spent on one unit, Vhouse is the total consumption for a common house appliance, Vkv is the total consumption of all residential premises in the house according to meters, Vnezh is the total consumption of all non-residential premises according to meters, Vnorm is the total consumption of all premises not equipped with meters , Vhot - total water consumption for hot water supply, Vheat - total water consumption for heating, if the water for it is heated in a boiler.
If there are no apartments or premises in the house without resource meters, and also, in the case of cold water, there is no consumption for the hot water supply and heating system, these positions are excluded from the formula, or their place is set to zero.
The resulting value Vodn is multiplied by the ratio of the area of the apartment to the total area of ALL premises - consumers of the resource, both residential and non-residential, both equipped with meters and not equipped:
P one sq.= V one x S sq./ S house, where Rodn is the amount of ONE per apartment, Sq. is the area of the apartment, S house is the total area of all premises of the house.
From the above formulas it is clear that if someone who has a meter installed in their apartment does not transfer its values to the management company, HOA or settlement center, then they are not taken into account when calculating the ODN, and it increases for other payers, and it will also increase in the case underestimating the readings of your home meter by using magnets, or connecting consumers bypassing the meters.
However, it also follows from this that if all readings are taken into account next month, the ODI will decrease and even amount to a minus value.
It should be borne in mind that according to the current legislation (clause 44 of the rules under PP 354), the amount of the payment for one-way taxation cannot exceed that obtained according to the standards calculated in accordance with the Rules established by Decree of the Government of the Russian Federation No. 306 of May 23, 2006.
Everything that will be accrued above these standards must be paid by the management company as losses arising through its fault.
In the end I want to say a few words about counters. I covered the basics on this topic in the previous article, but the following should be taken into account.
In principle, you don’t have to install meters, but you need to assess how beneficial it will be for you by finding out the consumption standards calculated and approved in your region. There is no need to hope that someday they will supply them to you for free - this is not profitable for service providers, since the standards will always be higher than the actual consumption according to the meters. Besides. They can be installed forcibly on you (According to the Energy Conservation Law) and after that you will be presented with an invoice for the installation.
Now about checking the meters. The following should be kept in mind - unverified meters during operation may begin to lie either in your favor or vice versa. If an error occurs as a result of the deposition of microparticles on the meter turbine, its weight increases, the rotation speed slows down and the meter begins to show less than it actually is.
However, if there is a lot of dissolved iron in the water, it settles in the watercourse channel on the body inside the meter, as a result its diameter decreases, and in full accordance with Bernoulli’s law mentioned in the discussion, the flow speed increases with less water passing through the meter, which leads to an increase in the rotation speed of the turbine and an increase in meter readings by 15-20% relative to real ones.
Therefore, you should not think that verification is some kind of useless procedure intended only for collecting money. Another thing is that with current verification prices, it is sometimes easier and cheaper to buy new meters and replace them than to carry out verification.
Now about the verification procedure itself. According to GOST, verification is carried out on a stand by passing a certain amount of water through the meter and measuring whether this amount corresponds to the meter readings. However, another method is now possible, with which you can determine the serviceability of the meter right at home with sufficient accuracy, according to the readings of the reference meter and laser control of the number of turbine revolutions, using the “wheel” in the meter window.
To do this, right in your home, a reference meter is connected to the appropriate tap, always of the same type as yours, the water is turned on, and with the help of laser sensors, the number of revolutions of the sensors of both devices is measured over a certain time; if they coincide or the difference within the permissible limits can be read the counter is working properly.
Checking with a bucket of water and a liter jar, now practiced by many meters, is a profanation of verification.
Once again I would like to draw your attention to the fact that the main document establishing the time frame between meter verifications is its Instructions or technical passport, and any statements about the need to check meters ahead of schedule, no matter who they come from, must be answered with a refusal.
Legislation
Regulatory acts in the field of housing and communal services:
- Decree of the Government of the Russian Federation No. 803 of December 26, 2013 "On approval of the Regional program for the overhaul of common property in apartment buildings in the Rostov region for 2020 - 2049"
- Answers to questions about major repairs of common property in apartment buildings and the procedure for financing it.
- “Housing Code of the Russian Federation” (LC RF) No. 188 - Federal Law dated December 29, 2004 (current edition dated December 30, 2013)
- Federal Law No. 442 of December 28, 2013 “On the fundamentals of social services for citizens in the Russian Federation”
- Code of the Russian Federation on Administrative Offenses No. 195-FZ dated January 30, 2001 (as amended on December 28, 2013)
- Federal Law No. 185 of July 2, 2013 (as amended on December 28, 2013) “On amendments to certain legislative acts of the Russian Federation and the recognition of legislative acts (certain provisions of legislative acts) of the Russian Federation as invalid in connection with the adoption of the federal law “ on education in the Russian Federation"
- Federal Law No. 396 of December 28, 2013 “On Amendments to Certain Legislative Acts of the Russian Federation”
- Federal Law No. 317 of November 25, 2013 (as amended on December 28, 2013) “On amendments to certain legislative acts of the Russian Federation and invalidation of certain provisions of legislative acts of the Russian Federation on issues of protecting the health of citizens in the Russian Federation”
- Federal Law No. 261 of November 23, 2009 (as amended on December 28, 2013) “Federal Law on Energy Supply and on Improving Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation”
- Regional Law RO No. 1101-ZS dated June 11, 2013 “On major repairs of common property in apartment buildings in the Rostov region”
- Decree of the Government of the Russian Federation No. 416 of May 15, 2013 “On the procedure for carrying out activities for the management of apartment buildings”
- Regional Law No. 71 - LC dated , 2013 On amendments to the Regional Law “On major repairs of common property in apartment buildings in the Rostov region”
- Decree of the Government of the Russian Federation No. 410 of May 14, 2013 (as amended on December 10, 2013) “On measures to ensure safety when using and maintaining indoor and indoor gas equipment”
- Decree of the Government of the Russian Federation No. 491 of 08/13/2006 (as amended on 05/14/13) “On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of management work , maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration"
- Federal Law No. 52-FZ of March 30, 1999 (as amended on November 25, 2013) “On the sanitary and epidemiological welfare of the population”
- Social norm of electricity consumption in questions and answers
- Federal Law No. 69-FZ of December 21, 1994 (as amended on July 2, 2013) “On Fire Safety”
- Decree of the Government of the Russian Federation No. 491 of 08/13/2006 (as amended on 05/14/2013) “On approval of the rules for the maintenance of common property in an apartment building and the rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of management work , maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration"
- Decree of the Government of the Russian Federation No. 344 of April 16, 2013 “On amendments to certain acts of the Government of the Russian Federation on the provision of utility services”
- Decree of the Government of the Russian Federation No. 290 of 04/03/2013 “On the minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building, and the procedure for their provision and implementation”
- Ministry of Energy of the Russian Federation Order No. 103 dated March 12, 2013 “On approval of rules for assessing readiness for the heating season”
- Decree of the Government of the Russian Federation No. 1468 of December 28, 2012 “On the procedure for providing information to local governments by persons supplying resources necessary for the provision of public services, and (or) providing public services in apartment buildings and residential buildings or maintenance services (work) and repair of common property of premises owners in apartment buildings"
- Decree of the Government of the Russian Federation No. 731 of September 23, 2010 (as amended on February 6, 2012) “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings”
- Ministry of Housing and Communal Services of the Rostov Region dated September 1, 2012, educational and methodological manual: “Rules for the Provision of Public Utilities”
- Order of the Ministry of Housing and Communal Services of the Russian Federation No. 19 of February 15, 2011 “On approval of methodological recommendations on the management of apartment buildings”
- Decree of the Government of the Russian Federation No. 354 of 05/06/2011 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” With amendments and additions from: May 4, August 27, 2012, April 16, May 14, July 22 , September 19, 2013
- Draft Strategy for the Development of Housing and Communal Services_2020.docx
Analysis of resolution No. 354
- General provisions
- Responsibilities of the Contractor
- Performer's rights
- Consumer Rights
- Responsibilities of the Consumer
- Procedure for calculating fees for CG
- Procedure for making payment for CG
- The procedure for recalculation due to temporary absence
- Recalculation procedure for poor quality
- The procedure for establishing the fact of poor quality
- Suspension and restriction
- Responsibility of the performer and the consumer
- Contents of PPKU
- Requirements for installation of PU
- Terms of the contract for the provision of utilities
- Federal Law of the Russian Federation dated July 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services” (as amended by Federal Laws dated May 13, 2008 N 69-FZ, dated July 22, 2008 N 141-FZ, dated December 1, 2008 N 225-FZ, dated April 09. 2009 N 58-ФЗ, dated 07/01/2009 N 144-ФЗ, dated 07/17/2009 N 147-ФЗ, dated 11/23/2009 N 261-ФЗ, dated 12/17/2009 N 316-ФЗ, dated 03/09/2010 N 25-ФЗ , as amended by Federal Law dated December 30, 2008 N 323-FZ)
INFORMATION LETTERS
1. Letter of the Federal Tax Service of Russia dated November 6, 2014 No. BS-2-11/ [email protected] “On payment of land tax in relation to a land plot under the Moscow Circle Railway”
On the abolition of land tax from the Moscow Ring Road from 01.01.15.doc
2. Letter of the Ministry of Finance of the Russian Federation dated October 4, 2013 No. 03-04-06/41249 "On personal income tax taxation of remuneration for members of the board and the audit commission and the amount of reduction in the tariff for the maintenance and current repairs of housing for board members in housing and communal services"
About personal income tax on remuneration to board members in housing and communal services.doc
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Home page / Legal acts / Housing Code of the Russian Federation
Federal Law N 188-FZ of December 29, 2004
As amended by Federal Laws dated December 31, 2005 N 199-FZ, dated December 18, 2006 N 232-FZ, dated December 29, 2006 N 250-FZ, dated December 29, 2006 N 251-FZ, dated December 29, 2006 N 258-FZ, dated 10/18/2007 N 230-ФЗ, dated 04/24/2008 N 49-ФЗ, dated 05/13/2008 N 66-ФЗ, dated 07/23/2008 N 160-ФЗ, dated 06/03/2009 N 121-ФЗ, dated 09/27/2009 N 228 -FZ, dated November 23, 2009 N 261-FZ, dated December 17, 2009 N 316-FZ, dated May 4, 2010 N 70-FZ, dated July 27, 2010 N 237-FZ, dated November 30, 2010 N 328-FZ, dated June 4 .2011 N 123-FZ, dated July 18, 2011 N 242-FZ
Contents of the document
- Section I. General provisions Chapter 1. Basic provisions. Housing legislation (Articles 1-14) Article 1. Basic principles of housing legislation
- Article 2. Providing conditions for the exercise of the right to housing
- Article 3. Inviolability of home and inadmissibility of its arbitrary deprivation
- Article 4. Housing relations. Participants in housing relations
- Article 5. Housing legislation
- Article 6. Effect of housing legislation over time
- Article 7. Application of housing legislation by analogy
- Article 8. Application of other legislation to housing relations
- Article 9. Housing legislation and international law
- Article 10. Grounds for the emergence of housing rights and obligations
- Article 11. Protection of housing rights
- Article 12. Powers of state authorities of the Russian Federation in the field of housing relations
- Article 13. Powers of state authorities of a constituent entity of the Russian Federation in the field of housing relations
- Article 14. Powers of local government bodies in the field of housing relations
- Article 15. Objects of housing rights
- Article 22. Conditions for transferring residential premises to non-residential premises and non-residential premises to residential premises
- Article 25. Types of reconstruction and redevelopment of residential premises
- Chapter 5. Rights and obligations of the owner of residential premises and other citizens living in the premises belonging to him (Articles 30-35) Article 30. Rights and obligations of the owner of residential premises
- Article 36. Ownership right to common property of owners of premises in an apartment building
- Chapter 7. Grounds and procedure for the provision of residential premises under a social tenancy agreement (Articles 49-59) Article 49. Provision of residential premises under a social tenancy agreement
- Article 60. Social rental agreement for residential premises
- Chapter 9. Residential premises of a specialized housing stock (Articles 92-98) Article 92. Types of residential premises of a specialized housing stock
- Article 99. Grounds for the provision of specialized residential premises
- Chapter 11. Organization and activities of housing and housing-construction cooperatives (Articles 110-123) Article 110. Housing and housing-construction cooperatives
- Article 124. Provision of residential premises in the houses of a housing cooperative
- Article 135. Homeowners’ Association
- Article 143. Membership in a homeowners’ association
- Article 153. Obligation to pay for residential premises and utilities
- Article 161. Choice of method of managing an apartment building. General requirements for the management of an apartment building
With the help of what laws will Russians be able to save on housing and communal services?
Large families: minus 30 percent
The costs of large families for housing and communal services are compensated according to Decree of the President of the Russian Federation No. 431 of 05/05/1992. This document provides for a discount on utility bills of no less than 30 percent. But local authorities can establish more significant preferences for them.
Discount for teachers and donors
Teachers and education workers living in villages and workers' settlements receive 1,200 rubles for heating, lighting and housing costs.
This is stated in Decree of the Government of the Russian Federation of October 26, 2013 N 963.
Exactly the same payment is provided for doctors and pharmacists working in rural areas. Donors have benefits for utility bills.
Veterans, liquidators and disabled people will get half back
Veterans are entitled to broad preferences in payment for housing and communal services. They are reimbursed 50 percent of their share of payments. (For example, four people are registered in an apartment. One of them is a veteran. Half of the fourth part of the payment will be returned to the beneficiary’s account - Ed.).
Here it is also necessary to clarify who generally belongs to this category. These are, first of all, veterans of the Great Patriotic War, military operations, war invalids, labor veterans, citizens who survived the siege of Leningrad, family members of deceased participants in the war and military operations. (Federal Law “On Veterans” No. 5 - Federal Law of January 12, 1995).
Similar benefits are available to disabled people, as well as families with disabled children. They receive reimbursement of costs when paying for premises and housing and communal services in the amount of 50 percent. (Article 17 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” No. 181 - Federal Law of November 24, 1995). Along with this, disabled people of groups I and II, disabled children and citizens with disabled children receive compensation in the amount of no more than 50 percent of the contribution for major repairs.
Liquidators of the consequences of the accident at the Chernobyl nuclear power plant who suffered as a result of other radiation disasters are also entitled to benefits when paying for housing and communal services. They are all entitled to 50 percent compensation. However, in some regions of the Russian Federation its size may be even greater.
Take care of widows
Military personnel have the right to compensation payments (from 30 percent or more depending on the region). As well as family members of fallen servicemen.
For them, compensation is provided in the amount of 60 percent of their expenses in this area. And more recently, the Constitutional Court of the Russian Federation recognized their right to receive compensation for payments for major repairs. And he demanded that the authorities make appropriate changes to the law. (Resolution of the Constitutional Court of the Russian Federation No. 12 - P dated February 25, 2019).
They don't take money from Heroes
Heroes of Socialist Labor, Heroes of Labor of the Russian Federation, Heroes of the USSR and the Russian Federation, full holders of the Order of Glory, as well as full holders of the Order of Labor Glory, and family members living with them are generally exempt from paying for housing and communal services. Moreover, the state compensates them for the cost of paying for a home telephone.
Applies to everyone!
And now about subsidies for paying for housing and communal services. They apply to everyone whose expenses exceed a certain percentage of family income.
The federal standard for the share of Russians’ own expenses for housing and communal services cannot exceed 22 percent (Resolution of the Government of the Russian Federation “On federal standards for payment of residential premises and utilities” No. 541 of August 29, 2005).
Therefore, back in 2005, the Government of the Russian Federation adopted a Resolution on subsidies for housing and housing and communal services. (Resolution of the Government of the Russian Federation “On the provision of subsidies for the payment of housing and utilities” No. 761 of December 14, 2005). This document gave the right to compensation to all categories of citizens, regardless of the type of residential premises and rights to it (rent or ownership).
The main reason for paying subsidies is the fact that the family pays more than 22 percent of its income for utilities and housing. It does not matter where the employer or owner of the home is - in prison, in the army, in a hospital, or declared missing. In this case, subsidies are provided to his family.
The only condition is that they do not have debt to pay utility bills. And in case of debt, it is enough to conclude an agreement on its repayment.
The amount of the subsidy is calculated monthly and depends on the amount of payment for a specific premises, as well as on the size of regional standards for the cost of housing and communal services.
Housing Code of the Russian Federation
Housing Code of the Russian Federation 188-FZ dated December 29, 2004 Contents
- Article 1.
Basic principles of housing legislation - Article 2.
Providing conditions for the exercise of the right to housing - Article 3.
Inviolability of home and inadmissibility of its arbitrary deprivation - Article 4.
Housing relations. Participants in housing relations - Article 5.
Housing legislation - Article 6.
Effect of housing legislation over time - Article 7.
Application of housing legislation by analogy - Article 8.
Application of other legislation to housing relations - Article 9.
Housing legislation and international law - Article 10.
Grounds for the emergence of housing rights and obligations - Article 11.
Protection of housing rights - Article 12.
Powers of public authorities - Article 13.
Powers of public authorities - Article 14.
Powers of local government bodies in - Article 15.
Objects of housing rights - Article 16.
Types of residential premises - Article 17.
Purpose of residential premises and limits of its use. Use of residential premises - Article 18.
State registration of rights to residential premises - Article 19.
Housing stock - Article 20.
State housing supervision - Article 21.
Insurance of residential premises - Article 22.
Conditions for transferring residential premises to non-residential premises and non-residential premises to residential premises - Article 23.
Procedure for transferring residential premises into non-residential premises and non-residential premises into residential premises - Article 24.
Refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises - Article 25.
Types of reconstruction and redevelopment of residential premises - Article 26.
Grounds for reconstruction and (or) redevelopment of residential premises - Article 27.
Refusal to approve the reconstruction and (or) redevelopment of residential premises - Article 28.
Completion of reconstruction and (or) redevelopment of residential premises - Article 29.
Consequences of unauthorized reconstruction and (or) unauthorized redevelopment of residential premises - Article 30.
Rights and obligations of the owner of residential premises - Article 31.
Rights and obligations of citizens living together with the owner in residential premises belonging to him - Article 32.
Ensuring the housing rights of the owner of a residential premises during the seizure of a land plot for state or municipal needs - Article 33.
Use of residential premises provided by testamentary refusal - Article 34.
Use of residential premises on the basis of a lifelong maintenance agreement with dependents - Article 35.
Eviction of a citizen whose right to use residential premises has been terminated or who violates the rules for using residential premises - Article 36.
Ownership right to common property of owners of premises in an apartment building - Article 37.
Determination of shares in the right of common ownership of common property in an apartment building - Article 38.
Acquisition of a share in the right of common ownership of common property in an apartment building when purchasing premises in such a building - Article 39.
Maintenance of common property in an apartment building - Article 40.
Changing the boundaries of premises in an apartment building - Article 41.
Right of ownership to the common property of the owners of rooms in a communal apartment - Article 42.
Determination of shares in the right of common ownership of common property in a communal apartment - Article 43.
Maintenance of common property in a communal apartment - Article 44.
General meeting of owners of premises in an apartment building - Article 45.
Procedure for holding a general meeting of owners of premises in an apartment building - Article 46.
Decisions of the general meeting of owners of premises in an apartment building - Article 47.
General meeting of owners of premises in an apartment building in the form of absentee voting - Article 48.
Voting at a general meeting of owners of premises in an apartment building - Article 49.
Provision of residential premises under a social tenancy agreement - Article 50.
Norm for provision and accounting norm for the area of residential premises - Article 51.
Grounds for recognizing citizens as needing residential premises provided under social tenancy agreements - Article 52.
Registration of citizens as those in need of residential premises - Article 53.
Consequences of citizens deliberately worsening their living conditions - Article 54.
Refusal to register citizens as those in need of residential premises - Article 55.
Reservation of the right of citizens to be registered as those in need of residential premises - Article 56.
Removal of citizens from registration as those in need of residential premises - Article 57.
Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises - Article 58.
Taking into account the legitimate interests of citizens when providing residential premises under social tenancy agreements - Article 59.
Provision of vacated residential premises in a communal apartment - Article 60.
Social rental agreement for residential premises - Article 61.
Use of residential premises under a social tenancy agreement - Article 62.
Subject of a social rental agreement - Article 63.
Form of a social rental agreement for residential premises
Article 64- Article 65.
Rights and obligations of the landlord of residential premises under a social tenancy agreement - Article 66.
Responsibility of the landlord of residential premises under a social tenancy agreement - Article 67.
Rights and obligations of a residential tenant under a social tenancy agreement - Article 68.
Responsibility of a residential tenant under a social tenancy agreement - Article 69.
Rights and obligations of family members of a residential tenant under a social tenancy agreement - Article 70.
The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family - Article 71.
Rights and obligations of temporarily absent tenants of residential premises under a social tenancy agreement and members of his family - Article 72.
The right to exchange residential premises provided under social tenancy agreements - Article 73.
Conditions under which the exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed - Article 74.
Registration of exchange of residential premises between tenants of these premises under social tenancy agreements - Article 75.
Invalidation of the exchange of residential premises provided under social tenancy agreements - Article 76.
Subletting of residential premises provided under a social tenancy agreement - Article 77.
Sublease agreement for residential premises provided under a social tenancy agreement - Article 78.
Payment for sublease of residential premises provided under a social tenancy agreement - Article 79.
Termination and termination of a sublease agreement for residential premises provided under a social tenancy agreement - Article 80.
Temporary residents - Article 81.
The right of the tenant of residential premises under a social tenancy agreement to provide him with residential premises of a smaller size in exchange for the occupied residential premises - Article 82.
Amendments to the social tenancy agreement for residential premises - Article 83.
Termination and termination of a social tenancy agreement for residential premises - Article 84.
Eviction of citizens from residential premises provided under social tenancy agreements - Article 85.
Eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements - Article 86.
The procedure for providing residential premises under a social tenancy agreement in connection with the demolition of a house
Article 87- Article 88.
The procedure for providing residential premises in connection with major repairs or reconstruction of a house - Article 89.
Providing citizens with other comfortable residential premises under a social tenancy agreement in connection with eviction - Article 90.
Eviction of the tenant and his family members living with him from residential premises with the provision of another residential premises under a social tenancy agreement - Article 91.
Eviction of a tenant and (or) members of his family living with him from residential premises without the provision of other residential premises - Article 92.
Types of residential premises of specialized housing stock - Article 93.
Purpose of service residential premises - Article 94.
Purpose of residential premises in dormitories - Article 95.
Purpose of residential premises of the maneuverable fund - Article 96.
Purpose of residential premises in houses of the social service system - Article 97.
Designation of residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees - Article 98.
Purpose of residential premises for social protection of certain categories of citizens - Article 99.
Grounds for the provision of specialized residential premises - Article 100.
Lease agreement for specialized residential premises - Article 101.
Termination of a rental agreement for specialized residential premises - Article 102.
Termination of a rental agreement for specialized residential premises - Article 103.
Eviction of citizens from specialized residential premises - Article 104.
Provision of official residential premises - Article 105.
Provision of residential premises in dormitories - Article 106.
Provision of residential premises of the maneuverable fund - Article 107.
Provision of residential premises in houses of the social service system for the population - Article 108.
Provision of residential premises to funds for temporary settlement of internally displaced persons and persons recognized as refugees - Article 109.
Provision of residential premises for social protection of certain categories of citizens - Article 110.
Housing and housing construction cooperatives - Article 111.
Right to join housing cooperatives - Article 112.
Organization of a housing cooperative - Article 113.
Charter of a housing cooperative - Article 114.
State registration of a housing cooperative - Article 115.
Management bodies of a housing cooperative - Article 116.
Management in a housing cooperative - Article 117.
General meeting of members of a housing cooperative - Article 118.
Board of a housing cooperative - Article 119.
Chairman of the board of a housing cooperative - Article 120.
Audit commission (auditor) of a housing cooperative - Article 121.
Admission to membership in a housing cooperative - Article 122.
Reorganization of a housing cooperative - Article 123.
Liquidation of a housing cooperative - Article 124.
Provision of residential premises in the houses of a housing cooperative - Article 125.
The right to a share of a member of a housing cooperative - Article 126.
Temporary residents in residential premises in a housing cooperative building - Article 127.
Division of residential premises in a housing cooperative building - Article 128.
Renting residential premises in a housing cooperative building - Article 129.
Ownership of residential premises in an apartment building of a member of a housing cooperative - Article 130.
Termination of membership in a housing cooperative - Article 131.
Preemptive right to become a member of a housing cooperative in case of inheritance of a share - Article 132.
Return of the share contribution to a member of a housing cooperative expelled from the housing cooperative - Article 133.
Eviction of a former member of a housing cooperative - Article 134.
Providing members of a housing cooperative with residential premises in connection with the demolition of a house - Article 135.
Homeowners’ Association - Article 136.
Creation and state registration of a homeowners’ association - Article 137.
Rights of the homeowners association - Article 138.
Obligations of the homeowners association - Article 139.
Repealed - Article 140.
Reorganization of a homeowners’ association - Article 141.
Liquidation of a homeowners’ association - Article 142.
Association of homeowners’ associations - Article 143.
Membership in a homeowners’ association - Article 144.
Management bodies of the homeowners’ association - Article 145.
General meeting of members of the homeowners association - Article 146.
Procedure for organizing and holding a general meeting of members of the homeowners association - Article 147.
Board of the homeowners association - Article 148.
Responsibilities of the board of a homeowners association - Article 149.
Chairman of the board of a homeowners association - Article 150.
Audit commission (auditor) of a homeowners’ association - Article 151.
Funds and property of the homeowners’ association - Article 152.
Economic activity of a homeowners’ association - Article 153.
Obligation to pay for residential premises and utilities - Article 154.
Structure of payment for residential premises and utilities - Article 155.
Payment for residential premises and utilities - Article 156.
Amount of payment for residential premises - Article 157.
Amount of payment for utility services - Article 158.
Expenses of owners of premises in an apartment building - Article 159.
Providing subsidies for payment of housing and utilities - Article 160.
Compensation for expenses for living quarters and utilities - Article 161.
Choosing a method of managing an apartment building - Article 162.
Management agreement for an apartment building - Article 163.
Management of an apartment building in state or municipal ownership - Article 164.
Direct management of an apartment building by the owners of premises in such a building - Article 165.
Creation of conditions by local government bodies for the management of apartment buildings
Other regulations
Family Code of the Russian Federation Civil Procedure Code of the Russian Federation Code of Inland Water Transport Urban Planning Code of the Russian Federation Merchant Shipping Code of the Russian Federation
