Fees for major repairs began to be charged to residents of apartment buildings in Russia in 2014. Such an obligation is spelled out in the provisions of the Housing Code of the Russian Federation. He decides that it is the residents who must gradually accumulate funds in the account of the management organization, and then use them for repair work.

At the same time, there are many useful tips on how to legally avoid unnecessary expenses.

What does a major overhaul include?

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Reasons for not paying receipts for major repairs

The question of how not to pay for major repairs worries most Russian citizens.

Many refuse to invest in the promised improvement in the comfort of their stay.

There are several reasons for this:

1. Firstly, the timing of the program focused on the renovation and restoration of apartment buildings does not have a clearly defined validity period. This raises doubts about the targeted use of funds. For example, most citizens will not be able to say exactly where payments for major repairs went in 2016.
2. Secondly, common areas, including attics, staircases, technical rooms, and foyers, do not belong to the residents of the houses (this is most often the property of the municipality). Nevertheless, the funds collected are most often used for their restoration. At the same time, in the future the municipality can rent them out to commercial organizations and third parties.
3. Thirdly, not all residents need property repaired with their money. For example, it makes no sense for residents of the lower floors to present money for restoring the operation of the elevator.

The last point is one of the reasons why citizens refuse to contribute funds to special funds for apartment buildings.

What are the consequences of refusing to pay for major repairs?

Many Russian citizens not only do not want, but actually do not pay for major repairs of the apartment buildings in which they live. What are the consequences of failure to comply with the standards prescribed by law in 2019?

1. Initially, the municipality will send notifications to the apartment owner’s phone and email about the need to repay the debt associated with major home repairs.
2. For each month of late contributions, the fund will charge a penalty on the amount of debt in the amount of 0.5 to 5% of the payment.
3. After six months, the issue can be referred to the judicial authorities.

How to legally avoid paying for major repairs in 2019

Even taking into account the circumstances discussed above, there is a very real possibility of refusing to pay for major repairs of an apartment building and, moreover, on completely legal grounds.

At the same time, refusal to pay for major repairs does not imply zero costs, but can ensure their significant reduction.

• Tenants to help

If the owner of an apartment rents out his home, he can shift the responsibility of paying for major repairs to the tenants. The latter currently live in the house, and, therefore, it is they who are interested in providing comfortable living conditions.

• Do-it-yourself repairs

If the residents of the house do not want to pay money for the services of repair teams, then they can carry out repairs to the facade, roof, foundation, and communications together on their own. However, in this case, it will not be possible to completely avoid costs, since restoration and restoration work requires special tools and materials.

• Advertising banners

The most popular way to reduce the cost of major repairs to nothing is to place advertising banners on the facade of the house. Income from this type of activity finances the capital repair fund without affecting the family budgets of the residents.

The latter option is convenient, but is appropriate only in large cities, in houses located in areas with high traffic.

Other methods of refusing to pay funds for major repairs are considered illegal and may entail administrative penalties in the form of penalties and fines.

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Major repairs are various types and volumes of repair work, which are designed to keep the house in acceptable condition, and also guarantee safety and convenience for its residents.

Even the Civil Code empowers tenants to keep their home in acceptable condition in Article 210.

Article 210. Burden of maintaining property
The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.

However, in practice it is not so simple. After the introduction of mandatory payments for mandatory capital repairs, many people express their protest.

Residents of new houses do not understand where their funds will go, because the house has just been commissioned, and citizens, accustomed to eliminating problems efficiently and at their own expense, also do not want to pay for someone else’s work.

There is a separate category of citizens who directly say: I don’t want and won’t pay. These people simply do not trust their management company or HOA, and therefore do not at all want to pay money for the needs of major repairs.

Tariffs for major repairs vary depending on the city in which you live. The highest prices apply to residents of the capital, slightly less - in regional cities.

Not all funds donated for major repairs are spent rationally and Citizens understandably want to protect themselves from being deceived, so they refuse to pay bills.

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.

Inability to sell an apartment

What are the consequences of failure to pay for major repairs? When selling an apartment, the owner is required to take a certificate from the BTI, where it will be said that he has no debts for this living space.

However, no one can prohibit the sale of real estate even if the owner has debts. Only the buyer himself can refuse the purchase, but, as a rule, if there are debts, the buyer simply lowers the purchase price a little and the parties part ways.

Thus, Selling an apartment can be either a success or a failure., so don't take any chances with future buyers. It is better to pay off all debts in advance.

Fines

What happens if you don’t pay contributions for major repairs? If penalties continue to accrue for six months, and the owner does not react in any way to this action and does not intend to pay the bills, then the court summons him to a hearing.

Upon consideration of the case, if no reasons are identified that weaken the guilt, then the court, in addition to paying the debt and penalties, may impose a fine on the defaulter, commensurate with several future payments.

This is done to prevent the recurrence of such an offense.

Other consequences

Many people are interested in: if I don’t pay for major repairs, can they sue me? They can. And in addition to monetary penalties, the court may order the seizure of property from a citizen who belongs to him by right of ownership.

Bailiffs will come to the defaulter’s place of residence together with an appraiser and seize items that have a value commensurate with the debt.

The property will be sold at auction, and the defaulter will be warned about what may happen if the law is further ignored.

Another measure of influence is ban on leaving the country. What is the penalty for non-payment in this case?

The liability for non-payment of contributions for capital repairs is such that the name of the defaulter will be entered into a special database, which will not allow him to leave the country when checking documents at the border.

Restrictions on leaving the state will be lifted as soon as the debt is repaid.

In addition to the confiscation of personal belongings, in recent years such punishment as seizure of property. This punishment is carried out by bailiffs by court decision.

Bailiffs seize the personal property of the person or persons who are in default and do not release it until the debt is paid.

Besides, for preventive purposes, bailiffs can leave property under their control for several months in order to monitor how accurately the punished person makes payments in the future.

Only after this, the confiscated property is returned to the defaulter safe and sound with a warning about re-confiscation in case of non-payment of contributions for major repairs.

Can they be evicted?

Frequently asked question: I don’t pay for major repairs, what will happen to me besides fines and penalties? Can I be evicted?

Really, many citizens fear that they may be evicted from their homes. After all, sometimes circumstances develop in such a way that there is really no opportunity to pay for major repairs for a long time.

Since housing is privately owned by citizens, no one will be able to evict them, but the listed penalties will be applied mandatory until the debt is repaid.

It’s great when the state strives to take care of its citizens, but sometimes this care results in various discontent.

Lack of reform in the housing sector in our legislation allows residents, as well as employees of HOAs and management companies, to commit offenses that violate the interests and rights of the parties.

Careful control by the state and implementation of laws is the only mechanism, which will allow the system of fees for major repairs, as well as its direct implementation, to function ideally and in the interests of citizens.

Pay money now, and you will get beauty in your home in 30-40 years. And don’t even think about evading, otherwise we’ll calculate a fine and go to court. This is how we can briefly characterize the law on major repairs that has been agitating the minds of Russians lately. Let's figure it out: contribution for major repairs, is it legal?

Let us recall that a new column in the expenses of homeowners was introduced edited in June 2015 Federal Law No. 271-FZ “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation”. This legislative document obligated Russians to pay a fixed amount monthly for major home repairs.

In the USSR, major renovations of housing were in most cases carried out with government money. The exception was cooperative houses, in which the burden of restoration work fell on the shoulders of the housing cooperative. After the collapse of the USSR and the mass privatization of housing, about 85% of the multi-apartment stock became property of citizens. The remaining 15% included departmental housing and apartments, the residents of which are still not puzzled by privatization.

This state of affairs led to the fact that the state ceased to be responsible for major repairs, and the solution to the problem was left to the regions. In some places, specialized funds were created to collect money from the population for major repairs; in others, the republican, regional and regional authorities did not worry about such things and residents of apartment buildings could only demand major repairs from the HOA.

The law on capital repairs of apartment buildings was called upon to bring order to the chaos and vacillation. Now, in each region, funds have been formed that accumulate funds for major repairs.

Further, the accumulated money is planned to be spent on houses that are in the most deplorable condition. Simple arithmetic shows that, on average, the turnaround time for major repairs for most high-rise buildings will only take several decades. This situation causes a storm of indignation among people who do not believe in the long-term promises of those in power.

Calculation procedure

The updated Housing Code of the Russian Federation prescribes a mechanism for collecting funds for the repair of dilapidated houses. In particular, it obliges citizens to pay appropriate contributions to local special funds. Both homeowners and owners of commercial real estate located in apartment buildings (usually the first floors are allocated for places of sale of goods and services) must contribute to the common pot for the overhaul of common property.

When calculating the amount in the payment for major repairs, the age of the building and the presence of an elevator are taken into account. However, the general scheme for generating a receipt is the same for the entire country - the area of ​​the premises is multiplied by a certain coefficient. But the size of this coefficient is set locally. By the way, often these calculations cause no less bewilderment among the population than the imposed fees for major repairs. For example, the difference in the coefficient in cities with similar living standards as Moscow and St. Petersburg exceeds 10 rubles. And this, remember, is from one square meter.

According to the law, funds for major repairs of high-rise buildings can only be spent on the restoration of common property. This term is explained by Part 1 of Article 36 of the Housing Code of the Russian Federation:

1. Common areas.
   • Flights of stairs.
   • Elevator shafts.
   • Corridors.
   • Technical floors, as well as basements where utilities are located.
2. Enclosing load-bearing structures.
   • Foundation.
   • Load-bearing walls.
   • Floor slabs.
   • Load-bearing columns.
3. Enclosing non-load-bearing structures in common areas.
   • Windows and doors.
   • Walls separating residential from non-residential premises.
   • External entrance doors.
   • Fencing of roofs, balconies and verandas.
4. Roofs.
   • 4.1. Roof of an apartment building.
   • 4.2. Roofing of extensions, if they are given for public use.
5. Home service equipment.
   • Cold and hot water supply systems, as well as drainage systems.
   • Gas supply.
   • Heating.
   • Electricity supply.
   • Ventilation system.
   • Garbage chute.
   • Elevator equipment.
   • Fire system.

Thus, residential and commercial owners cannot rely on renovation fees to upgrade their personal properties.

You cannot refuse to pay

The practice of mandatory payments introduced at the legislative level towards the future restoration of multi-storey buildings will, of course, still be further developed. There are too many obscure places and opaque moments in it that open the way to abuse and outright theft. However, they demand money from Russians every month, without waiting for changes and additions to the regulations. Therefore, many people naturally ask the question: is it legal to contribute for major repairs?

As prescribed by Part 14.1 of Article 155 of the Housing Code of the Russian Federation, payments for major repairs must be repaid on the same basis as receipts for housing and communal services. If a person regularly ignores this payment, then such sanctions may be applied to him as the accrual of penalties (note that the amount is 1/300 of the refinancing rate of the Central Bank of the Russian Federation), going to court and then to the bailiff service. Next, the bailiffs can initiate the arrest or seizure of property, impose a ban on traveling abroad, and even collect an enforcement fee in the amount of 7% of the debt amount (but not less than 1000 rubles).

The Housing Code of the Russian Federation states that homeowners are required to accumulate funds, which in the future can be spent on updating and restoring an apartment building.

The majority of citizens were outraged by the latest “extortions”; people tried to evade contributions, swear, and write complaints. In law don't pay for major repairs is allowed only to certain categories of citizens (this will be discussed below), but almost everyone can minimize the cost of contributions; for this you need to know some nuances.

Major repairs: to pay or not?

How legal the demands for payment of contributions for major repairs are is probably of interest to all citizens of our vast country.

In apartment buildings, sewer pipe breaks, wall collapses and other emergencies often occur. Such cases not only unsettle people, but also cause loss of life. The state does not finance such issues, which means that homeowners, that is, you and me, must take care of safety and comfort. But is it legal? Do I need to pay for major repairs in 2018?

To put it in simple and understandable language:

• according to Art. 169 of the Housing Code of the Russian Federation, residents must independently raise money for repairs of the house in which they live;
• according to Article 157.1 of the Housing Code of the Russian Federation, all homeowners must contribute money for major repairs to a special fund;
• According to the law, WWII veterans, group I disabled people, low-income people and large families are not allowed to pay for major repairs of apartment buildings.

All other citizens are required to pay for major repairs. If this is not done, the municipality will start making phone calls and also sending notifications to the homeowner’s address that they need to repay the debt that arose due to failure to pay for major repairs.

The longer a person does not pay his fees, the more penalties he will have to pay later. They are charged for every 30 days of delay.

If within 6 months the owner of the property does not respond to requests from the municipality, then the case is referred to the judicial authorities. During the proceedings, the person will have to prove that he did not pay contributions for major repairs legally. If this fails, the citizen will have to pay not only the debt and accrued penalties, but also the funds spent on litigation.

How to legally avoid paying for major repairs in 2018

It will not be possible to completely avoid paying for major repairs, but it is quite possible to significantly reduce this expense item. To do this, you can resort to the following tricks:

1. To rent an apartment. Many people use this option. When renting out living space, you can oblige tenants to pay for major repairs. After all, they are the ones currently living in the house, which means they must take care of their comfort and safety.
2. Some residents of apartment buildings, in order to save the family budget, carry out restoration work on their own. With this approach, you won’t be able to spend any money at all, since you’ll have to buy materials and tools for the job.
3. Place a banner on the facade of an apartment building. This option is good for large cities. Residents have the opportunity to legally avoid paying for major repairs, thanks to the fact that funds for placing a banner are sent to a fund that raises money for restoration and restoration.

As you can see, refuse to pay for major repairs legally possible. The main thing is to try a little. If you simply do not deposit funds due to personal reluctance, then you can “earn” an administrative penalty.

Since 2012, a law on independent payment by apartment owners for major repairs of residential buildings came into force. Many people did not approve of the new line in the rent bill. In this regard, citizens have a question: do they need to pay for major repairs of an apartment building, and is it possible to legally refuse monthly contributions? You need to pay for major repairs, but there are several ways you can avoid these payments.

Should contributions for major repairs be made voluntarily?

According to the amendment to the Housing Code, the population of the country is obliged to make contributions for major repairs to their regional operators or to the “common pot”. It is worth noting that if the decision of the general meeting regarding the latter case was not made, then contributions for the “common pot” are charged by default.

Since apartment owners also have common property in the building, they are obliged to maintain such property, including paying for its major repairs.

The share of expenses paid for maintaining the house is determined by the size of the common property area - the larger it is, the larger the payments will be.

Why doesn’t the responsibility for major repairs lie with the state?

Every apartment owner tries to maintain order in it, but the house itself also requires care. The responsibility for routine repairs of apartment buildings lies with management companies - they must maintain entrances, basements and other premises that are in common use in proper condition.

However, to replace worn-out pipes or an old elevator, serious investments are required. It is quite difficult to collect a substantial amount at one time, so money for major repairs needs to be saved, just as owners of private houses renovate their houses at their own expense, setting aside some of the money for carrying out particularly costly capital work in the future.

According to the Ministry of Construction, more than 1 million m² of apartment buildings in Russia currently require repairs. To update the current roof in a standard five-story building, approximately 1.5 million rubles are required, and to replace an elevator - 2 million. It is irrational to pay for such repairs with budgetary funds.

In Russia, approximately 30% of the population has private houses, and to repair the same roof, their owners use their own money rather than budget money. Likewise, owners of apartment buildings must repair their property not at the expense of the budget, but at their own expense.

Who can avoid paying for major repairs?

Substantial social support is provided for vulnerable categories of the population and older people. Certain categories of citizens have the opportunity to benefit from compensation, which can be 50 or 100% of the contribution for major repairs.

The article of the law provides for exemption from payment of contributions in the following cases:

• if there are 4 or fewer apartments in a residential building, subject to independent maintenance of the house by the residents, it should be noted that, if desired, the owners of apartments in such buildings also have the opportunity to use the overhaul program after writing a corresponding application to their management company;
• persons living in public housing;
• persons living in new houses that were put into operation no earlier than 5 years ago;
• persons living in emergency apartments;
• residents of houses whose apartments exit directly to the street due to the lack of entrances; accordingly, the total area in such houses is also absent.

In addition, a separate co-financing program is provided for dormitory residents. For disabled people of groups 1 and 2 and families with disabled children, the state will also compensate half of the cost of contributions.

Exemption from payment of contributions is provided for pensioners over 80 years of age, labor and WWII veterans. Elderly people over 70 years of age will have to pay only half of the established amount.

Determining the amount of the contribution and the queue for major repairs

Each subject of the federation determines the amount of contributions separately:

• the tariff in Moscow is 15 rubles. for 1 m²;
• in Voronezh - 6.6 rubles;
• in St. Petersburg - 2.5 rubles;
• in Tyumen - 20 rubles.

Residents of different houses may see different bill amounts on their receipts. They are calculated according to the following data:

1. Age of the house. If the building was completed just a year ago, then a large amount of money is not required to repair it. And on the contrary, pre-revolutionary buildings require significantly more funds for repairs, so the contribution amount for such houses will be larger.
2. Elevators. Elevator maintenance and repairs require additional funds, so residents of buildings equipped with elevators will also have to pay more.

The queue for repair work is determined depending on the following criteria:

• statute of limitations for putting the house into operation;
• statute of limitations for the last repair;
• the ratio between the amount of money collected for repairs and the amount required for it.

All work performed must be carried out according to a plan drawn up by local authorities. Such plans must contain dates for work to be carried out on each individual home. Anyone has the right to access this data.

Are fees for major repairs legal?

The requirement to pay for major repairs is not only legal, but also necessary in the current situation in the country. The condition of the old housing stock currently leaves much to be desired, which creates the threat of numerous emergency situations in the near future.

By paying fees in accordance with the law, apartment owners not only comply with the requirements of the law, but also ensure their own safety.

The money paid is not considered a tax, since it is spent only for its intended purpose. Regional budgets can allocate funds for building repairs.

Deferred payments

Residents often encounter problems regarding deadlines set by the state. For example, the regional law in the Tula region stipulates that 3 years after the commissioning of a new building, residents undertake to begin paying contributions for its major repairs.

However, in most cases, developers provide a five-year warranty on buildings, and in such cases, residents do not understand why they should waste their money. You should know that if there is no need for major work on the house, residents have the right to ask for a deferment. The decision on it is discussed by homeowners at a general meeting. If all apartment owners make a unanimous decision to postpone, then the administration should meet them.

To obtain such a deferment, it is necessary to submit a collective application to the administration, signed by all residents. The authorities will inspect the building, assess its condition, and then either refuse or issue a deferment.

Only those residents of buildings whose service life does not exceed five years have the right to a deferment.

Video about paying for major repairs

How can you avoid paying legally?

Those who do not want to pay for major repairs should be aware of the following nuances:

1. When renting out an apartment, the corresponding bills can be paid from the money paid by the tenants.
2. You can also carry out major repairs yourself, “throwing away” the entire house for repair work. The question of whether it will be possible to save money in this case depends on the amount of the estimate.
3. Residents can provide the façade of their building for those wishing to place advertisements, banners, etc. on it. This method frees residents from any investments on completely legal grounds.

What happens if you don't pay your dues? Ignoring an invoice for major repairs may result in penalties and debt collection in court. In this case, the debtor will be limited in the ability to use subsidies and benefits that may be due to their relatives.