Contributions for major repairs: who doesn’t have to pay and who has benefits

Legislative regulation

The issue of providing benefits for payment for major repairs is regulated by the following legislative acts :

1. Federal Law No. 399;
2. Federal Law No. 181;
3. Article 169 of the Housing Code of the Russian Federation.

In addition, we should not forget about the Decree of the Government of the Russian Federation itself, which guarantees the receipt of benefits on the issue of preferential payment for housing and communal services for specific categories of citizens.

Why are contributions collected for major repairs?

Since 2013, Russians living in apartment buildings began to receive new payment receipts - notifications of the need to pay contributions for major home repairs.

This is due to amendments to the Housing Code of the Russian Federation, which were introduced at the end of 2012 . The essence of the amendments is that the obligation to pay for the maintenance of common property (in apartment buildings) was assigned to apartment owners. In 2013-2015, contributions for capital repairs were introduced in different regions, the last subject being Moscow.

The capital repair program differs in different regions of Russia; this mainly concerns different tariffs, as well as the list of houses included in the program and the timing of their repairs.

As was initially expected, the introduced system of contributions for major repairs will provide safe and comfortable living conditions for residents in apartment buildings , most of which were built several decades ago and have already accumulated serious wear and tear.

By 2010, the share of dilapidated and dilapidated housing in Russia reached 3% (this is more than 100 million square meters) compared to 1.3% in 1990. Without expensive repairs, such houses will not be able to be used after some time without major repairs.

Therefore, the owners of apartment buildings were obliged to independently finance capital repairs. Since the cost of repairs amounts to millions of rubles, it was decided to establish a rule to gradually save money for repairs - through monthly contributions.

A major renovation of an apartment building is a large-scale construction event, after which all the standard characteristics of the building are restored. In particular, the capital repair program for a particular house includes:

• complete or partial replacement of building structures;
• roof repair;
• repair and strengthening of balconies;
• strengthening the foundation;
• repair or replacement of engineering systems (water supply, sewerage, electricity, heating, etc.);
• replacement of worn-out elevators (if any);
• additional measures at the request of the home owners (for example, insulation of the facade).

Contributions for major repairs are collected in a special fund. Most often, contributions go to the Capital Repair Fund of a constituent entity of the Russian Federation, which is managed by a special non-profit organization - a regional operator.

With this form of collecting contributions, there is a certain order in which houses are repaired. The most worn-out houses are usually repaired first, and repairs of houses in relatively acceptable condition are postponed for a fairly long period (until 2030 and later years).

What does this benefit mean?

Major renovation – what does it include? This question is asked by many citizens of our country. By and large, almost everything.

For the bill received as a result of deductions, residents of an apartment building have every right to :

• carry out not only repairs, but also insulation of the facade;
• repair balconies and loggias, including glazing them;
• replace window and balcony fillings with soundproofing ones;
• not only replace, but also repair the drain;
• repair fire escapes;
• repair the foundation, including the basement itself;
• replace and repair the roof;
• put the entrance to the entrance in complete order: replace the front door, arrange staircases.

In addition, the payment for major repairs also includes repairs:

• centralized heating;
• water supply;
• garbage chute;
• replacing electrical wiring around the house;
• elevators;
• intra-house gas supply;
• sewerage around the house.

What does a major overhaul include?

“Major renovation” is a very vague concept.
At the same time, any apartment owner will be interested in what specific activities the contributions provided to them will be used for. So, the full list of works includes:

• Repair of building facades;
• Repair of basements and communications located in them;
• Roof repair;
• Repair of the foundation of an apartment building;
• Repair, replacement of elevators and equipping them with new mechanisms, repair of elevator shafts and machine rooms;
• Repair of communication networks (heating, water, gas, sewerage, etc.).

Thus, payments for major repairs affect the qualitative improvement of a significant part of the housing stock.

But in this vein, a completely logical question arises: are residents of new buildings required to pay for major repairs? Legislation in this direction makes no exceptions: residents of buildings recently put into operation must accumulate funds in a fund account for future periods.

Regional programs may contain other clarifying conditions regarding only built houses. So, for example, in the Perm Territory, the obligation to pay contributions for major repairs in new buildings arises after 4 years 11 months after the house was put into operation and included in the regional capital repair program. Residents of the Sverdlovsk region who own an apartment in a new building are given a three-year deferment on paying fees for major repairs. In Moscow, owners of apartments in new buildings do not have such a benefit.

Contributions for major repairs of municipal housing

The peculiarity of non-privatized apartments is that they are owned by the municipality. The local administration is responsible for paying for utilities. To get rid of such costs, the municipality rents out living space under a social rental agreement to citizens who need a roof over their heads.

Persons entering into a social tenancy agreement must understand that they will be given the responsibility for the ongoing maintenance of the apartment, that is, utility payments for electricity, water supply, heating, and maintenance. But they are exempt from paying fees, since they are not the owners of square meters. This responsibility remains with local governments.

Where do funds go for major repairs of apartment buildings?

Funds accumulated by residents of houses can be used for:

• payment for services and work on major repairs of common property in an apartment building;
• development of project documentation;
• payment for construction control services;
• repayment of loans received and used to pay for major repairs, payment of interest for using such a loan;
• payment of expenses for obtaining guarantees and guarantees for the above loans;
• demolition or restoration of buildings recognized as unsafe.

All of these types of work must be carried out under the control of the residents of the house, who finance all of the listed activities through their contributions.

This control is expressed:

1. In choosing a company that will carry out certain types of work.
2. In checking estimates for repairs, reconstruction, and modernization.
3. Familiarize yourself with the action plan and demand compliance with the deadlines indicated therein.

If the residents of an apartment building have not expressed a desire to choose a construction or repair company, then the management company makes this choice for them.

Consequently, in matters of capital repairs, the fund and its manager only accumulate residents’ funds and manage them on their behalf, but do not dispose of them at their own discretion. Based on the results of the activities carried out, apartment owners should have access to a report on the work done, amounts spent and balances in the fund’s accounts.

It is worth noting several aspects that are especially important in the issue of carrying out major repairs at the expense of the residents of the house:

• repair work can be carried out at any time of the year. Including on an emergency basis - in case of emergency situations;
• the fund must have a capital improvement plan for at least a year;
• before implementing planned activities, a cost estimate is drawn up and the reality of repairs at the current moment is assessed;
• Fund balances are transferred to account for future periods.

If citizens have doubts about the intended use of the funds they contributed, they can always seek help from such authorities as:

• Municipal administrations, which are authorized to create a commission to investigate the incident;
• Rospotrebnadzor, which protects the rights of customers of work who are not satisfied with the result;
• Housing and Communal Services Department, which is able to provide qualified advice on major repairs;
• The prosecutor's office, which is considered as a last resort if there are suspicions of fraudulent transactions.

It is the Prosecutor's Office of the Russian Federation, and not the courts, that examines issues of violation of citizens' rights by non-profit organizations, which are the housing and communal services departments and the funds operating under them.

Determining the amount of payment for major repairs

Tariffs for contributions for major repairs are approved by the Government of the constituent entity of the Russian Federation.

For example, in the Novosibirsk region from January 1, 2020 it is 7.05 rubles per 1 sq.m. housing, in St. Petersburg this amount is 7.20 rubles per 1 sq.m., and in the Samara region 5.67 rubles per 1 sq.m. for houses up to five floors inclusive and 6.52 rubles per 1 sq.m. for houses above five floors.

But at the same time, it is necessary to remember a small nuance: this size can be increased at the initiative of the residents of each particular house. If they express their desire to increase the equity of their home , then the monthly payment amount automatically increases.

It is worth keeping in mind that the amount of payment does not depend on how many apartments are in each individual building; the amount is divided equally between all residents.

Where is the money donated for major repairs accumulated?

Funds received from apartment owners for major repairs of the entire building are accumulated in special accounts of regional housing overhaul funds. Today, such funds exist in 85 constituent entities of the Russian Federation. In addition, if residents create a homeowners association - HOA - such an organization has the right to open its own account for major repairs and not pay to the regional fund.

The amount of contributions is set by regional authorities or at a meeting of HOA members, but throughout the country it is a certain tariff per 1 m2 of apartment area. In different regions, tariffs differ significantly, for example, residents of St. Petersburg or Karelia pay a fee of 2-3 rubles per 1 m2, Yaroslavl - almost 6 rubles, and owners of Moscow apartments or residents of Khanty-Mansiysk - already 15 rubles per 1 m2 of housing.

The frequency of payments has been established: residents are required to pay the amount indicated on the receipt in the month following the reporting month, from the first to the tenth. There is a penalty for late payments. The legality of its calculation is based on Article 171 of the Housing Code of Russia.

Owners must make monthly contributions for major repairs throughout the entire period of ownership of the apartment. The fact that capital works have just been carried out or are not yet planned for the next period does not exempt you from paying contributions.

Owners of apartments in apartment buildings who have opened a special account for major repairs pay fees according to different rules. The tariff amount is set individually in each specific case, and deductions can be made until the accumulation of the minimum required amount determined by the regional subject of Russia. By mutual agreement of all participants, payments may be suspended. In this case, money from such an account is spent exclusively on major repairs.

As needed, funds accumulated in the fund are used for major repairs. The amount of deductions is determined by the total estimate for the purchase of necessary materials, payment for the work of craftsmen and organization of the process.

Who is eligible for this benefit?

The benefits themselves are provided in the form of a discount from the social norm of payment for the provision of utility services.

It is necessary to understand that the size of the benefit directly depends on the category of beneficiaries .

The greatest benefits in this matter are:

• military citizens;
• citizens who have the status of WWII veterans;
• disabled war veterans;
• citizens who took part in the liquidation of the Chernobyl disaster;
• citizens who took part in atomic weapons tests at the Semipalatinsk test site.

50% discount on payment for major repairs is provided . The remaining 50% is paid for from public funds.

It is also necessary to take into account the fact that labor veterans are classified as WWII participants and therefore also have the right to receive a 50% discount.

If we talk about the category of large families, then they have the right to count on a 30% discount . Single pensioners who are not working and whose age exceeds 80 years can qualify for a 100% benefit.

The amount of the benefit is calculated from the amount of the minimum level , which is established in each specific region separately.

If, during a meeting of residents of any of the houses, a decision was made to increase the amount of fees for home repairs, then the benefit is provided only in the amount that was adopted by the local government. In simple words, the decision at the meeting is voluntary, so the authorities do not have the right to take such nuances into account when calculating the discount.

It is also necessary to take into account the fact that the amount itself for paying for major repairs can be reduced without a discount on the basis that there is a household that brings a stable monthly income. An example of this is: underground parking, shops (rent) and so on.

BENEFITS FOR PAYMENT OF OVERHAUL REPAIRS…

The concept of contributions for major repairs was introduced into legislation under Article 169 of the RF Housing Code. This type of payment is regular, accumulated in the accounts of a special fund and serves to eliminate the shortcomings of residential buildings that accumulate over time. Based on the definition, the payers of this contribution are persons living in apartment buildings for which a capital repair plan has been established.

If the house is not suitable for repair, is in disrepair or is subject to demolition and resettlement of residents, the obligation to pay these payments is not established. A similar decision is made if the state or municipality plans to withdraw this building from the use of individuals.

The amounts of contributions are established in accordance with clause 8.1 of Article 156 of the Housing Code of the Russian Federation. According to the law, the size is determined by each municipality independently. The total amount is influenced by the number of floors, type of building and other factors that complicate the repair. For example, in Moscow, the cost of maintaining and repairing residential premises varies from 15 to 25 rubles, in Nizhny Novgorod - 6.3 rubles per meter, and in Ufa, residents of houses up to 6 floors are required to pay 5.2 rubles per meter, more tall buildings - 5.8 rubles.

Who is entitled to benefits for major repairs?

Benefits for paying for major home repairs are provided to citizens who have either earned special preferences from the state or are unable to pay the payments on their own due to objective reasons. The benefit applies to the following categories:

• Victims of political repression who have undergone rehabilitation.
• Disabled people and WWII participants, as well as persons equivalent to them.
• Liquidators of the Chernobyl disaster and persons
• Families that include a disabled child.
• fallen under the influence of radiation.
• Labor veterans.
• Residents of besieged Leningrad.
• Combat veterans.
• Widows of military personnel during the Second World War.
• Rural teachers and certain categories of public sector employees (regionally).
• Large families.
• Pensioners over 70 years of age.

The federal list of those who have benefits for paying for major repairs is established by 273-FZ. Regions and local governments may establish their own special rules.

Amount of benefits

Benefits are provided as a percentage of the social norm for paying for utilities. The amount of the benefit depends on the category of citizen. The greatest benefits are given to military personnel who participated in the Second World War, war veterans, liquidators of the Chernobyl disaster, atomic weapons testers at the Semipalatinsk test site, as well as those who have undergone rehabilitation. They are subject to 50% compensation at the expense of the state. Benefits for labor veterans to pay for major repairs are determined at the same level as for WWII veterans.

The remaining categories, the most widespread of which are large families, qualify for 30% discount on the cost of major repairs.

The amount of benefits is calculated from the minimum level established by regional authorities. If the meeting of residents determines that more money is required to maintain the house, then compensation will be credited only in the amount established by the regional authorities. The remaining amount will have to be paid by the beneficiary himself. The amount can also be reduced if the relevant household is profitable. This provision is relevant for large cities, where some buildings have commercial establishments and underground parking.

Social support (social security) authorities are responsible for calculating benefits. Payment of benefits occurs depending on the category of person; in particular, both regional and federal budgets can participate.

Procedure for applying for benefits

The procedure for applying for benefits is determined by the Housing Code of the Russian Federation and the law on major repairs. Preferential categories of citizens or their representatives must:

1. Make sure that the house is registered in the capital repair program in the construction department of the locality or in a service organization.
2. Pay all bills for utilities and other services, since the law determines that non-payers cannot claim benefits for major repairs .
3. After 8 months from the date of approval of the program, receive the first receipt for payment for major repairs. It also needs to be paid.
4. With this receipt, as well as with documents confirming your right to benefits, go to the territorial organization responsible for processing government documents. Most of these are multifunctional public service centers.
5. Registration takes place within 10 days. From the moment the decision on the benefit is made, the amount will be reduced by the appropriate percentage.

You need to contact the MFC, the social protection department, or use the government services portal (https://www.gosuslugi.ru/).

List of documents

To apply for a subsidy, it is necessary to submit documents confirming that the citizen or a member of his family is included in the category of persons entitled to the benefit. The list includes:

• Passport.
• Application for benefits.
• Certificate of income. If the income is multiple, or if tax is paid, as with an individual entrepreneur, you must provide 2NDFL from the tax office.
• Document on utility payments for the last month.
• Receipt for payment for major repairs.
• A certificate from the housing and communal services about the absence of arrears in payments.
• Unified housing document.
• Personal account.
• Certificate of ownership or other document confirming the legality of residence.
• Extract from the house register.
• Documents evidencing the right to a subsidy. For example, a veteran's ID card.

Documents are submitted by a person in person or via the Internet. It is also possible to issue a notarized power of attorney.

Material from https://lgoty-expert.ru

Rules and procedure for registration

The process of applying for and receiving benefits for paying for major repairs is regulated by the Housing Code of the Russian Federation .

To receive a discount, preferential categories of citizens must :

1. Make sure that the specific house where the beneficiary lives is registered in the state capital repair program in the Department of Construction of the region where the beneficiary lives. It is necessary to take into account that the house may be registered with other service companies on this issue; you can ask your neighbors about this.
2. Pay off all existing debts for utility services, since if they are available, the benefit is not provided, this is contrary to the legislation of the Russian Federation.
3. After 8 months after the program is approved, you need to receive the 1st receipt for payment for major repairs and pay accordingly.
4. You must contact the multifunctional center of the region where the beneficiary lives with a payment receipt. In addition to the receipt, you must additionally collect a certain list of documents.

It is necessary to take into account the fact that the process of considering an application for benefits can last no more than 10 days from the moment MFC the relevant documents.

In addition to the MFC, each beneficiary has the right to submit the entire list of documents via the Internet.
To do this, you need to use the State Services website .
In the event that the beneficiary does not have a personal account, it is necessary to go through the registration process and wait for confirmation of identity (within 5 days, information about the registered person is checked, and then you can log into your personal account).

On the portal, you just need to upload the necessary documents to the section that is responsible for issuing benefits for major repairs, and wait for the decision.

The legislative framework

It should be noted right away that Federal Law No. 271 of December 25, 2018, popularly known as the “Law on Capital Repairs,” and other regulations governing the introduction of benefits, are not independent documents. This is a list of amendments to the country’s housing legislation, which have led to the emergence of new rights and responsibilities for residential property owners.

Federal Law No. 271 dated 12/25/18

The law obliges apartment owners to pay a monthly payment for major repairs as part of the housing maintenance fee. Already the first edition of the amendments provided for privileges when making a contribution. Later, legislators expanded the list of beneficiaries for major repairs.

Note! Citizens using residential premises under a lease or lease agreement do not pay for major repairs. Unlike utility bills, the payment of which depends on the terms of the contract, the obligation to pay this fee is assigned to the property owners.

Since the introduction of contributions for major repairs, the right not to pay money has become available to owners of apartments in buildings recognized as unsafe and subject to demolition. A similar provision applies to owners of housing located on lands seized by officials for state or municipal needs. Accruals cease from the month following the date of adoption of the relevant decision by the executive body. This norm is enshrined in paragraph 2 of Art. 169 Housing Code of the Russian Federation.

Documentation

Download a sample application for a discount on payment for housing and communal services.
To receive a discount on major repairs, you must prepare the following documents :

• copy and original of the applicant’s passport;
• application for benefits;
• utility payment book;
• original receipt for payment for major repairs;
• a certificate from housing and communal services, which confirms the absence of debts on utility bills;
• single housing document;
• original extract from the house register;
• a beneficiary's certificate, which confirms the possibility of receiving benefits for this type of payment.

It is worth noting that documents can be submitted personally by the applicant or through an authorized representative, but this requires a notarized power of attorney.

Regional features

Let's look at the benefits for paying for the capital region in some regions of our country.

Khabarovsk region

Since July 2020, a regional bill has been adopted according to which:

• pensioners who have benefits for housing and communal services, over the age of 70, pay this fee in the amount of 50%;
• Citizens over 80 years of age are completely exempt from this payment.

Moscow region

In this region there is a discount that allows you to pay only 7.5 rubles for the capital size. per meter of living space.

This discount applies to all categories of beneficiaries.

Saint Petersburg

In this region, beneficiaries make a monthly payment for each meter of living space in the amount of 2 rubles.

At the same time, citizens over 80 years of age are completely exempt from payments.

Novosibirsk

For citizens of apartment buildings, a discount is provided for beneficiaries, which allows them to pay in the amount of 3.05 rubles. for every meter of your living space.

It is also necessary to take into account the fact that all beneficiaries at the federal level can take advantage of this discount.

Nizhny Novgorod

In this region, the preferential category of citizens makes a monthly payment for major repairs in the amount of 3.15 per meter of living space.

As you can see, each region of the Russian Federation provides its own regional discounts for paying for major repairs. It is worth considering that discounts may differ for all other utility bills.

If we talk about whether there is a difference in the procedure for obtaining benefits, then there is no difference. The entire procedure is completely the same, as is the list of required documents.

That is why it is necessary to find out about the size of the discount in each region of residence separately . This can be done by contacting either the housing and communal services department, or directly to the multifunctional center itself, which operates in a specific region.

How often should major renovations be carried out in apartment buildings?

The frequency of repair and replacement of engineering systems depends on their estimated service life.

For example:

• rolled roofing materials, such as roofing felt and its varieties, lose their insulating and water-repellent properties after 10 years;
• the service life of roofing profiled sheets coated with zinc or complex polymers is about 15 years;
• when installed correctly, ceramic tiles can last 60 years;
• cast iron pipes and radiators, which are installed in most old apartment buildings, last at least 40 years, but may fail earlier due to the low quality of the coolant in the system;
• The supporting structure of the building itself and, in particular, its constituent elements - brick walls and concrete floors - are designed to operate for 150 years. Reinforced concrete monolithic buildings should last the same amount of time. The service life of wooden houses is up to 90 years, with proper maintenance.

Based on these data, major home repairs should be carried out every 25 years or more often.

Important! The given figures correspond to reality only if operating standards are observed and minor problems are promptly corrected. For example, if there is a sewer leak in the basement of a house or there is water standing due to melting snow in the spring, the strength and service life of the building is sharply reduced. The same dependence is monitored for minor defects in the roof and gutters.

What beneficiaries can expect in 2020

This year, Russian citizens included in the preferential category should not expect changes in legislation. When planning to exercise their rights, they must consider the following nuances :

1. Owners of city apartments pay monthly utility bills, which include the costs of major repairs. Also, for preferential categories of citizens, money is allocated from the regional and federal budgets. Every citizen has the right to take advantage of preferences. To do this, it is necessary to collect documents and submit them to the appropriate authority, after which the officials will grant the application.
2. A preference may be denied if any document is missing. In such a situation, the applicant will be given additional time to complete the package of papers.
3. An individual may receive a negative answer if he provides deliberately false information, or officials decide that he has no grounds for using benefits.

About this type of benefits, see the following video:

Contributions for major repairs are not paid by those living in a state apartment

Also, regarding contributions for major repairs, you need to keep in mind the following circumstance. The law imposes the obligation to pay such a contribution on the homeowner. If the owner is the state, it pays such contributions.

An apartment can belong to the state in two cases:

• if it is not privatized - despite the fact that the bulk of the housing stock in Russia has long been privatized by Russians, there are also apartments that are still state-owned,
• if this is social housing, such housing from a special fund is provided in some cases for low-income citizens and other categories.