What's new overhaul. How not to pay for major repairs legally

Contributions for overhaul were made to the section of payment for housing and communal services. Since 2016, not everyone will be able to avoid paying for major repairs. Many apartment owners still refuse to pay for this service.

We will figure out what will happen if you do not pay for the overhaul, and also determine whether, by law, funds that provide overhaul services require contributions.

2016 Home Improvement Contribution Legal Notice - Is it legal to charge a home improvement fee?

There are several current legal laws and regulations, which regulate the activities of overhaul funds:

  1. Federal Law No. 271, approved on December 25, 2012, namely Article 169 of the LC RF, says that the owners of apartments that are the property of an apartment building have some obligations - they must pay a mandatory fee that will be used to overhaul the common property. According to this law, the amount of the fee will be set by the region of Russia. The amount is formed based on the total area of ​​\u200b\u200bthe room.
  2. Federal law number 417, approved December 28, 2013, announces the adoption of amendments to some articles of the Housing Code. Article 157.1 coordinates the activities of funds that collect fees. It states that representatives of the fund do not have the right to increase the amount of the contribution above the allowable and established limits by the administration of the subject of the Russian Federation. In addition, this law determined the list of services that funds should provide, and the list of apartment buildings that are not included in the overhaul program.
  3. Federal law number 176, adopted on June 29, 2015, regulates the relationship between representatives of funds and managers of apartment buildings, and also determines the requirements for both parties and indicates their direct responsibilities.
  4. Law number 399, adopted at the federal level on December 29, 2015, lists beneficiaries who are entitled to compensation upon payment of such a contribution.
  5. Article 155 of the LC RF monitors the fulfillment of the obligations of the parties and determines the procedure for paying contributions.
  6. Section 9 of the current Housing Code of the Russian Federation can provide answers to other questions related to the conduct and organization of major repairs.

After reviewing all the acts and laws, we can conclude that demanding payment for major repairs, even though your house did not carry out it, is very legitimate .

Many apartment owners in MKD believe that the program has not yet been adopted and is incomplete - but this is not so. It is reviewed and revised annually to eliminate errors and omissions.

Where and for what kind of work do contributions for major repairs go?

In accordance with the current legislation, homeowners of apartment buildings have the right to independently choose a company that provides capital repair services.

If they do not take responsibility, then the choice remains with the administration of the subject of the Russian Federation, which can itself assign a certain organization to the house.

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01/16/2019, Sasha Bukashka

The capital repair fee is a fee for the maintenance of common property in apartment buildings, which the owners of residential premises are required to pay. Its minimum size is set by regional authorities, and the maximum is not limited by law. Maintenance fees must be paid monthly. But not everyone. Let's talk about exceptions.

Overhaul fees: where does the money go

Some sources are discussing whether the overhaul will be canceled in 2019, and what could be an alternative to this fee from citizens. But such an issue is not on the agenda of the government: contributions for overhauls fully justify themselves.

According to the current Housing Code, owners of premises in apartment buildings must pay for the maintenance of common property - roofs, porches, stairs, basements, and other places. To maintain them in good condition, apartment owners monthly transfer a certain amount. It can be different, even if the houses are in the neighborhood. It all depends on who decides how much to pay for the overhaul. Homeowners associations can comply with the decision of the regional authorities and set a minimum fee, or they can increase the fee and collect more.

Is it possible not to pay for the overhaul of an apartment building (2019)

As a general rule, all owners of premises in a high-rise building must pay a fee for overhaul. It does not matter whether you rent an apartment or live in it yourself, whether you use the living space in principle or it is idle, whether you own the entire apartment or only a share. Be sure to pay.

Exceptions: who can not pay

The law clearly states who does not pay for major repairs in 2019:

  1. The owners of the premises in the house, which is recognized as emergency and which is planned to be demolished, do not collect money for major repairs.
  2. The land plot on which the high-rise building stands is planned to be withdrawn for state or municipal needs. Residents may not collect money for major repairs from the month following the one in which the decision was made.
  3. The house is included in the regional overhaul program, and from the date of publication of this document has passed from 3 to 8 months. The exact period is set by the regional authorities.
  4. The owners have the right to suspend the collection of funds if the amount collected exceeds the minimum amount of the fund for the overhaul of a high-rise building. By law, the minimum fund can not exceed 50% of the estimated cost of major repairs of a particular house. But since the size of the monthly fee is set by the general meeting of owners, they can collect the required amount faster. In this case, the Housing Code allows you to suspend the payment of contributions. But the decision must be made at the general meeting (that is, it must be supported by the majority), and it does not apply to persons who have overhaul debts.

The above list of cases where you can not pay is closed. No other reasons and arguments will force officials to refuse to accrue funds, and in case of non-payment, to collect them through the courts.

Note! Since June 2018 .

Capital Repair Fee: Retirement Benefits

By decision of local authorities, there may be more categories of citizens who do not pay for overhaul in 18. For example, a region can afford to pay for single people over 70 years of age 50% of the amount of the contribution, and - the entire amount. Similar amounts of subsidies are provided for elderly apartment owners who live with non-working citizens of retirement age.

It is important to consider several nuances here. First- to provide compensation or not, regional officials decide. They can also offer other options to support retirees. Second- you still need to pay for the overhaul and in full, because if there are debts, the subsidy will be taken away (it is usually provided after the fact). The third- in order to receive a subsidy, documentary evidence is required that the owner of the apartment has reached the established age, he is single or lives with a person of retirement age, he does not have a job. The specific package of documents and the place of application for a subsidy must be clarified with the social security authorities of the region.

Benefits for the disabled

According to the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of the Disabled in the Russian Federation”, disabled people of groups 1 and 2, disabled children, as well as parents of disabled children are provided with compensation for the costs of paying a premium for major repairs in the amount of not more than 50% of its size.

Every citizen of the Russian Federation knows what a payment for a major overhaul is. However, not everyone thinks about what exactly this fee goes to. Why does each of us monthly give a certain amount of money to the housing office? How should the overhaul of an apartment building take place, and how does it actually work? All these questions will be answered in the article.

The concept of overhaul

Every high-rise building will sooner or later begin to wear out. In order to prevent an emergency situation, buildings must be repaired and modernized in a timely manner. Naturally, the necessary amount of money for repair work will not be taken from nowhere. Therefore, the residents themselves are obliged to pay for the repair work.

Before characterizing the legal aspects of the law governing the repair work of buildings, it is necessary to talk a little more about what is included in the overhaul system. What procedures and functional responsibilities of the ZhEK can be distinguished here? If we are talking about the minimum set of services and obligations of the housing company, then the following functions should be distinguished:

  • replacement, repair or installation of various kinds of intra-house communications; these are heating, water supply, gasification and many other systems;
  • repair or replacement of elevators;
  • repair or installation of a house roof;
  • carrying out work in basements, strengthening the foundation;
  • repair or renovation of the façade - sealing joints, restoring plaster, replacing or renewing tiles, repairing gutters, etc.

Thus, the overhaul of an apartment building includes a fairly large number of various works.

General characteristics of laws on overhaul

It should be noted right away that at the moment in Russia there is no single bill that is entirely devoted to overhaul. All functional duties that combine into the overhaul of apartment buildings are regulated by a variety of laws and by-laws. Here are separate paragraphs of federal bills, and certain court decisions, and some articles of the Housing Code of the Russian Federation. However, the largest and most well-known law here is still worth highlighting: this is Federal Law No. 271 - on changes in the Russian Housing Code.

Until 2012, things were very bad in the housing sector. The confusion was both numerous legal contradictions and the lack of a clear system of laws that could regulate the repair of houses. Of course, there was the Housing Code. However, before the appearance in December 2012 of Federal Law No. 271, everything was not as it should be with him.

What changes followed with the beginning of the presented normative act? The main thing that should be noted here is that the payment for capital repairs began to be collected from citizens (before that, the authorities were completely engaged in repairs). Whether this is good or not is debatable. However, it will hardly be possible to deny the fact that the system of contributions and performance of work has become more convenient. But has it become fairer and better? Attempts to find an answer to this question will be indicated below.

Excursion to the past

As you know, therefore, it is worth going back a little to the past and trying to remember how the overhaul system worked earlier.

Even in Soviet times, the roofing of houses was steadily updated every 15 years, the foundation was repaired every 25 years, and the roofs of housing and communal services were dealt with every year. In principle, to this day, not much has changed. Any housing management company sets similar deadlines. If the work is not carried out, then the building will simply acquire an emergency condition, and ultimately collapse.

In the USSR, the overhaul of apartment buildings was entirely the responsibility of the authorities. All buildings were state property. Citizens were required to pay a certain amount of money in a timely manner, and the municipality carried out all the necessary construction and repair work. However, with the beginning of privatization, caused by the collapse of Soviet power, most of the buildings passed into the hands of private owners. Henceforth tenants have ceased to pay to bodies of local self-government.

The utter confusion continued until early 2000. Many houses became obsolete, became emergency and uninhabitable. That is why the authorities decided to take bolder measures. A refurbishment program has been developed. A little later, the law on the overhaul of apartment buildings followed. Residents were required to pay 5% of the amount required for the implementation of work on the transformation of housing. However, the general trend has not acquired a positive connotation: to this day, many homes simply remain without maintenance.

Community fee for major repairs: the amount as of 2017

The Russian authorities should pay attention to the European practice, which provides for the obligation of each tenant to create the so-called repair capital. A certain amount of money is collected, which is subsequently sent to the implementation of work on the transformation of housing. The advantage of such a system is obvious: all actions with finances remain in full view of every person. There is strict reporting that allows you to spend money strictly for its intended purpose; not a single penny can go into someone's pocket.

Nevertheless, in the Russian Federation, such a scheme would be applied with great difficulty. The main obstacle here is the ordinary poverty of the population. Many citizens simply would not be able to make payments on time due to the banal lack of finance. What system is in place today?

The authorities have developed a thirty-year plan (it will be valid until 2042), according to which the municipality is involved in fundraising. The same authority draws up a schedule of repairs for each individual house. The law on the overhaul of apartment buildings (FZ No. 271) states that it is necessary to pay a sum of money equal to at least 15 rubles per housing m 2. Of course, the authorities talk about the "incredible efficiency of the system created" and about "thousands of high-quality renovated houses." Do these statements correspond to today's realities? Each resident must answer this question for himself. Several theses from the relevant draft law can be cited as "supporting material".

Main software nuances

Every citizen must remember their housing rights - one has only to open the Housing Code and read its individual provisions. The following are the main theses about what constitutes a payment for a major overhaul. The law says the following:

  • All repair terms are set directly by the municipality. In case of violations, citizens have the right to file a complaint. The municipality will collect a commission and, if necessary, will try to repair the building in the right time.

  • The overhaul of the house cannot be postponed even after the residents themselves have carried out all the necessary renovation work.
  • A committee composed of housing representatives evaluates the overhaul carried out by the municipality.
  • The payment for major repairs is regulated by local governments. In this case, the fee may be subject to adjustment, but only if all tenants are notified about it.

The bill also refers to the main types of benefits that must be taken into account by local authorities. This will be discussed further.

About benefits

According to Federal Law No. 271, certain groups of citizens are entitled to a number of indulgences. So, some persons, which will be discussed later, are able to pay the tariff not in full.

  • families with three or more children;
  • disabled people;
  • families with children with disabilities;
  • military personnel, or the families of the dead military;
  • home front workers or veterans of the Second World War;
  • families without a breadwinner;
  • honorary donors;
  • holders of various state awards.

This also includes some other categories of citizens. All of them are registered in the Federal Law No. 271.

Explanation of utility tariffs

The cost of a major home renovation is made up of many different aspects. Here it is worth highlighting the size of housing, and the type of building, and the presence of certain housing elements (like an elevator, landings, etc.).

  • yard area;
  • cleaning and repair of landings;
  • work with the garbage chute;
  • maintenance and repair of the elevator system;
  • work with ventilation and sewer channels;
  • timely removal of garbage from the territory near the house, etc.

If the buildings have some kind of peculiar equipment, or they are located in inconvenient areas, then the collection of fees for major repairs may be slightly higher than the established norm. It is also necessary to talk about how the specifics of a residential building affect the cost of major repairs. The law regulates the following points:

  • residents of pre-revolutionary buildings (as a rule, such buildings are objects of culture) must pay about 3 rubles per m 2;
  • people living in "Khrushchev" must pay two rubles per m2;
  • citizens living in panel houses of the 60-80s must pay 2.2 rubles per m 2;
  • residents of brick houses must pay at least 2.5 rubles;
  • people living in modern buildings pay about 2.7 rubles.

Thus, the type of housing structure also significantly affects the cost of ongoing repairs.

Consequences of non-payment of tariffs

Oddly enough, many citizens simply refuse to pay tariffs for major repairs. For this, they find many different reasons: this is an unfair distribution of finances, and the lack of some kind of "return" on the part of the municipality (after all, often residents of houses simply do not see any repair work), and poor-quality repairs. Moreover, some people even question whether the payment for major repairs is legal.

One way or another, the state does not like non-payers, and therefore seeks to fight them in every possible way by imposing sanctions. What consequences can overtake a citizen who refuses to pay for the services of housing and communal companies? The most simple ones are fines according to the bank refinancing rate. This means that a person is obliged to cover overdue payments also 15% of the required amount of money.

If the case does go to court, then the following measures can be taken against the citizen:

  • House arrest;
  • inability to take loans from any bank in the country;
  • awarding a fine;
  • eviction from the house (but this is an extreme measure; multimillion-dollar debts are needed so that the court can deprive a citizen of property).

The simplest example here may look like this: a citizen owns an apartment of 50 m 2; debt of a citizen - 3 thousand rubles with a delay of 30 days. The municipality awards a fine of 45 rubles. For a year, the fine can increase to 800 rubles. Thus, no matter what opinion a citizen has about the overhaul system, he will still have to pay the necessary amount of money in a timely manner.

Expert opinion on the overhaul payment system

Disputes around the built system of payment for major repairs have been going on for a long time. What is the opinion of the majority of experts?

The real situation, according to most experts, cannot be called optimistic. On the one hand, it is practically impossible to change the existing system of payment for capital repairs: a thirty-year plan has been adopted, and therefore all the problems outlined above will be unsolvable for a long time to come. The lack of banal transparency in the scheme, the fight against low-quality repair work, public control - all this can be fully implemented, perhaps, with the European system of payment for overhaul. However, even such a system cannot yet be effectively applied in the current realities: the level of poverty of the population is still high.

Solution

What could be the way out? The best option is HOA. A new house has been built in a certain area. The overhaul fee is the same here as elsewhere. Since the area was developed quite recently, the residents see no reason to give money to the municipality for no reason. That is why citizens decide to equip a homeowners association. From now on, all payments become transparent and visible to most residents.

Naturally, even under such conditions, many problems can arise. Homeowners associations can be organized only if there are really competent and active chairmen of the dwelling. If there are any, the question will be about the existence of the partnership's budget. Many will immediately have a question: is the payment for a major overhaul mandatory? The answer is definitely positive. Each citizen who is a member of the partnership must contribute to the extent possible to the development of the housing structure and maintaining it in a "healthy" state.

Most of the disagreements about paying for major repairs of houses are related to the ignorance of the residents of the relevant code.

People do not understand what they are paying for and how much they should be charged. Unfortunately, this is often used by management companies.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

What does the housing code say about overhaul?

Article 169 of the Housing Code of the Russian Federation explicitly states that the owners of the premises are required to pay a certain amount for the overhaul of the house every month.

It should be noted that each subject of the Russian Federation sets its own amount of payments, therefore, in different regions and regions, the amounts may vary significantly.

The law also details what exactly tenants pay for, as well as in what cases they are exempted from payments.

Who should pay?

Owners must pay all costs for the overhaul of the house. Moreover, not only owners of apartments, but also owners of non-residential premises, owners of public premises, both individuals and legal entities.

In that case, if you rent an apartment, then all payments for the overhaul of the house are made at the expense of the landlord and not the employer.

There are only two categories of citizens whom the law exempts from payments for major home repairs.:

  1. residents whose houses are in disrepair and subject to demolition;
  2. residents whose houses are located on plots passing into the ownership of the state or municipality.

It is important to note that if there were already funds in the overhaul fund of the house to be demolished, then they will be distributed among the apartment owners in proportion to the area they occupy and returned to them. In the event that the owner has changed, the new tenant will receive even the funds that the previous owner paid.

What is included in the overhaul?

The following services are provided for the funds received by the fund for the overhaul of multi-apartment and multi-storey buildings:

  • Inspection of common property for damage, leaks and other possible problems;
  • Repair of the roof, elevators and elevator shafts, cellars and facade of the house;
  • Installation of common house meters electricity, hot and cold water, and gas;
  • Ensuring the functioning of systems: -electro, -gas, -water and heat supply, sanitation;
  • Waste chute disinfection, as well as its timely repair and replacement;
  • Installation of a fire-fighting system in the corridors of houses(sound alarms in case of fire and fire cabinets);
  • Repair of stairwells, entrances and areas near the elevators.

Also, with funds from the overhaul fund, entrances and approaches to the house can be there are special handrails and ramps for people with disabilities.

Guarantees

Undoubtedly, regional and municipal authorities track contributions to the capital repair fund and its implementation. To do this, there is a state housing supervision, which submits all information on the amount of funds collected for capital repairs, their distribution and provision of overhaul services within certain terms established by the subjects of the Russian Federation.

It should be noted that now in many regions of the Russian Federation they are striving for maximum transparency and full provision of information about the overhaul. To do this, websites are being created on which residents of apartment buildings can see the list of works that will be carried out in their house, as well as get reliable information about the deadlines. However, this practice is not in every subject of the Russian Federation.

Are repair fees legal?

As mentioned earlier, the contribution of funds to the overhaul fund of apartment buildings is the direct responsibility of all owners.

Payments are made in a strictly defined order: tenant receives monthly utility bills, among which a separate line indicates the amount to pay for the overhaul.

Interest-free payment of such contributions is possible at any branch of the Russian Post, as well as at most banks. Sberbank customers can pay for overhauls not only at cash desks and terminals, but also over the Internet using the Sberbank Online service.

Arguments against contributions

Most apartment owners do not want to contribute money to the capital repair fund apartment buildings precisely for the reason that it is rather difficult to track the further fate of funds.

The Just Russia party has already prepared a petition and started collection of signatures in support of the repeal of the law on mandatory payments for capital repairs.

Since residents understand that preventive inspections and repairs in their homes are simply necessary, the way out of this situation may be to open a separate account for each house.

Residents in this case are not exempt from payments for capital repairs, however, the money is not directed to the capital repairs fund, but to the account of a certain house.

Thus, payers will always be able to track where their money goes and how services are provided for major home repairs.

How can you legally not pay?

There are not so many legal grounds for bypassing payments for major repairs of a house, since the Housing Code of the Russian Federation has a corresponding article that establishes for each owner the obligation to make payments to the capital repair fund.

However, if you strongly disagree with this state of affairs, you can try apply directly to the capital repair fund itself. In the application, you must indicate that you refuse to enter into an agreement with this organization.

Further, your actions depend only on the response of the fund. If it is negative, you have the right to sue and indicate that services are being imposed on you that you do not agree to provide.

Do I need to pay for the overhaul of new buildings and emergency houses?

For many citizens, making payments to the fund for the overhaul of new buildings and emergency houses seems inappropriate, since some have recently entered into operation, while others, most likely, will soon fall into the list of houses to be demolished.

Unfortunately, the law does not take into account such details. Residents of new buildings are required to contribute funds to the overhaul fund on general rules.

Things are a little more complicated with emergency houses. In that case, if the house is not planned to be demolished, tenants must pay for major repairs. Lists of houses for demolition are updated once a year, and all the funds that were accumulated for the overhaul of the house will be spent on its demolition.

Are there benefits for pensioners and the disabled?

  • pensioners over 70 years old;
  • large families;
  • disabled and WWII veterans;
  • liquidators of the disaster at the Chernobyl nuclear power plant, as well as citizens exposed to radioactive radiation;
    labor veterans;
  • families in which have a disabled child;
  • military widows who took part in WWII.

The list of beneficiaries for capital repairs can be expanded depending on the region of the Russian Federation, since each subject has the right to add other categories of citizens, for example, rural teachers.

Benefits operate as follows: a certain percentage of the payment for the overhaul of the house is paid by the state, and the rest is paid by the owner. The liquidators of the disaster at the Chernobyl nuclear power plant, participants in the Second World War, labor veterans and war invalids have the highest preferential percentage. They contribute only 50% of the amount assigned for the overhaul of the house. The remaining privileged categories of citizens pay 70% of the payment.

Keep in mind that the preferential percentage may be lowered if household has some income. Income can be credited to the house account in the following cases:

  • shops are located in the house,
  • pharmacies,
  • fast food chains whose owners pay rent,
  • There are paid underground parking lots.

This is relevant for residents of metropolitan areas and large cities.

Should residents of non-privatized apartments, homeowners pay?

Important! Since, according to the law, contributions for the overhaul of housing must be made exclusively by the owners, the residents of non-privatized apartments are exempted from this obligation. The payment is made by the municipalities.

Is it possible to refuse repair of an apartment building?

  1. Create a separate account for your home, where to make payments for major repairs. In fact, this does not exempt you from the overhaul fee, but at least it becomes possible to track where the money goes, what it is spent on, and in what terms this or that service is provided.

    At the moment, this option seems to be the most successful, since even a new house needs an annual inspection, disinfection, cleaning of garbage chutes and minor repairs.

  2. Apply for an overhaul fund waiver. Residents have the right to express their disagreement with the services provided by the overhaul fund. In the event that the fund gives a positive response, you will be exempt from capital repairs payments.

    However, most often the fund gives a negative answer, and you just have to go to court and prove that the services of the overhaul fund are being imposed on you. It is difficult to say whether this method is effective or not.

  3. If you decide to express your disagreement with the overhaul payments in the form of repeated non-payment of the required monthly amount, the fund will go to court with a claim to collect the debt from you.

    Then, with the help of a lawyer, already in court, you will defend your position and, if there are good reasons, you can be exempted from payments to the capital repair fund.

Of course, disputes over payments for capital repairs do not exist without reason.

If you are ready to contribute money to the capital repair fund, try to be as transparent as possible about the distribution of funds.

Lawyers, on the other hand, advise abandoning all kinds of intermediaries and opening your own account, where to place savings for the necessary overhaul at home. In any case, arrears on such payments are not a solution to the problem.

In addition to monthly payments for consumed housing and communal services and rental/maintenance of housing, apartment owners must pay contributions for the overhaul of their home, which is necessary to maintain the house in a standard and safe condition for people, restore worn-out equipment, communications, and structural elements.

Overhaul fee - law

The obligation to bear the costs of their housing is assigned to the owner by civil law (the Civil Code of the Russian Federation), and the obligation to regularly pay for the overhaul of common premises in apartment buildings is also imposed by the Housing Code (). Funds are contributed by the owners: for a purchased or privatized apartment - by private individuals, and for municipal housing - by local authorities (LSG/municipalities).

Overhaul costs are usually very high, so the funds for it are accumulated over some time (from several years or longer), accumulating on a special account of the MKD, or in the overhaul fund of the region, determined in accordance with the laws of the subject of the Russian Federation. In the first case, it is necessary to pay within the terms established for paying for housing / housing and communal services (), or within the terms determined by the meeting of owners of MKD. If the funds are collected from a regional operator, then they pay according to the payments of this operator, in accordance with regional standards.

As there are exceptions to any rule, so here there are some peculiarities. In a number of cases, homeowners are provided with benefits on payments, or due to the technical condition of the house or the legal situation, the contributions themselves are not paid.

Who is exempt from paying for overhaul

Capital repairs of the common property of an apartment building are carried out at the expense of the owners. Accordingly, if the apartment (residential premises) is in municipal ownership and is rented out under a social lease agreement, the tenant is exempt from payments for overhaul (these deductions are made by the municipality).

Other tenants (tenants) of apartments also do not have to deduct contributions, since this is the responsibility of the owner of the property.

In addition, the Housing Code (clause 2, article 169) establishes who is exempt from paying for major repairs. Deductions are not made in cases where:

  • the house is emergency (recognized by him in the manner determined by the legislation of the Russian Federation) and is subject to demolition;
  • the land under the building (house) is withdrawn for state/municipal needs, and all apartments will be withdrawn.

In these cases, there is no talk of any major repairs of the house in the future, therefore, payments are not made.

Categories of beneficiaries 2019

The legislation provides not only cases of exemption from contributions, but also the provision of benefits on them for certain categories of citizens. Since 2016, amendments have been made to the legislation of the Russian Federation regarding the list of beneficiaries for payments for major repairs (Article 169 of the RF LC, Law No. 181-FZ “On Social Protection of the Disabled”). Also, benefits are provided for in Part 21 of Art. 169 ZhK RF.

Benefits are provided:

  • Disabled people. Disabled persons of groups 1 and 2, as well as persons who have disabled children in care and such disabled children themselves contribute only half of the amount, the remaining half is paid (compensated) by the state.
  • low-income citizens. Such citizens have the right to apply for a subsidy for the payment of housing and communal services and capital repairs, provided that payments for housing, housing and communal services and capital repairs exceed a certain share in their family income, established in each particular region of the Russian Federation. That is, part of the contributions will be made by the relevant budgets (regional, municipal) in the form of a subsidy, and the part not covered by the subsidy must be paid by citizens themselves.
  • Veterans and participants of the Great Patriotic War, labor veterans, rehabilitated persons, citizens exposed to radiation exposure.
  • Large families.
  • Single homeowners-pensioners who do not work (when they reach 70 years old - half of the contributions, after 80 years - they are completely exempted from paying for major repairs).
  • Families of pensioners who have their own housing (from the age of 70 - half, and after 80 years - 100%).

Important: benefits for major repairs are provided to pensioners when, in pursuance of federal law, local regulations are adopted, that is, local laws providing for the provision of these benefits to these persons.

In addition, it should be remembered that the benefit itself does not cancel the obligation to pay the part of the housing overhaul contributions not covered by it for all categories of the population.

Who else and in what cases can not pay for repairs

Compensation for overhaul - who is entitled and how to get it

Amendments to the Housing Code of the Russian Federation (adopted by Law No. 399) provided beneficiaries of the federal and regional levels with the right to compensation for capital repairs. Such compensation may be either full or partial and is granted on an application basis.

Disabled people (including children with disabilities) and veterans are classified as federal beneficiaries.

For regional beneficiaries, much depends on the laws adopted in each region (subject of the Russian Federation). Basically, these are citizens who have reached the age of 70-80. Compensation for overhaul contributions in the regions is usually calculated based on the area standard (54 square meters for a single person, 36 square meters for a family), provided that the citizen is registered and will live in a residential building for which compensation is provided.

It is important to remember that if a citizen corresponds to several categories of beneficiaries at once, he has the right to choose only one that is more profitable for him. In addition, if a citizen owns several apartments / residential premises, contributions to only one of them are compensated.

What happens if you don't pay

In case of non-payment of contributions for major repairs, a penalty is charged on the amount of accumulated debt (1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay). This is determined by Art. 255 ZhK RF.

In case of a significant delay in payment, the organization holding the overhaul account has the right to apply to the court with an application for debt collection. In this case, deductions can be made on a writ of execution (by bailiffs).

It is important to remember that if there is a debt of two months, the benefits for any category of citizens are suspended (until the debt is liquidated).

Contributions for major repairs are included in the structure of payments for housing; it is impossible to refuse to pay them at the request of a citizen. Therefore, if it is possible to confirm your belonging to a privileged category, it is worth taking advantage of this measure of social support, thus reducing the burden on the family budget.