Terms of repair of entrances in multi-storey buildings. Repair of entrances of apartment buildings by management companies: how to get it done, how much it costs

The entrance is the face of any high-rise building and, above all, the residents of this house. Leaving their apartment, everyone wants to find themselves in a tidy, tidy corridor with painted walls, a whitewashed ceiling and a clean floor. However, today most of the entrances do not have a very presentable appearance, especially in old Soviet houses.

Running walls and window frames, rusty mailboxes and a terrible smell from the garbage chute, this is all well known to many residents of high-rise buildings. In order to make repairs at the entrance, you must contact the chairman of the apartment building or the housing office. But often the homeowner is not too concerned about this issue, so the reconstruction of the entrance is still one of the most problematic issues.

What work needs to be done

Regarding who should carry out the repair of the entrances of an apartment building, it is said in the resolution of the State Committee of the Russian Federation for Housing and Communal Services. Decree No. 170 of 27.09.2003 states that the managing organization is responsible for compliance with sanitary standards and is responsible for carrying out repair work in the entrances of apartment buildings. Also in this resolution, the frequency with which the reconstruction of the entrance should be done is indicated. Once every five or three years, repairs should be carried out, depending on how worn out the building is.

The homeowner is obligated to carry out such work, regardless of whether they are included in the management contract or not. By the way, if the repair is not major, then the tenants have the right not to pay for these services additionally. This is included in the rent.

It is very important to have an idea about the overhaul, which provides for an additional fee that is charged to the tenants of the house. Article No. 166 contains a list of works that are related to major repairs and require additional funding.

These works include:

Repair or replacement of all means of communication.
Replacement of the elevator cabin or repair of the elevator shaft.
Roof reconstruction.
Wall reconstruction.
Basement renovation.
Reconstruction of the foundation of the house.

Drawing a conclusion from the above list of works, it can be noted that nothing applies to the entrance here. However, the manual on the rules for the operation and repair of housing says that current repair work is work that is carried out according to plan. This list includes finishing and glass work.

However, it is not always necessary to whitewash the ceilings or paint the railings in the entrances, so the list of necessary finishes is compiled by the residents themselves at the general meeting, at which the protocol is written. With this document, which includes a list of necessary work, you should contact the housing office or the chairman of the managing organization. You can bring an application or a letter written to the tenants with a list of desired jobs.

A typical list includes:

wall painting;
whitewashing the ceiling;
replacement of window glass, frames;
reconstruction of floor coverings;
replacement of mailboxes;
painting batteries, pipes, railings;
repair, replacement of plafonds;
reconstruction, replacement of doors;
restoration, reconstruction of electrical panels;
reconstruction of access peaks;
garbage chute restoration.

This list can be supplemented and expanded depending on the needs of residents. For example, if an electric wire sagged in the entrance, then it must be hidden in a box and so on.

If the homeowner refuses to repair the entrance

When giving a letter to the housing office, you should make a photocopy of it, and register the original with the secretary. If the document is assigned a number, then the organization is obliged to respond to it. A photocopy of such an appeal can be additionally taken to the city administration. This appeal will be considered within 15 business days.

Homeowners respond to such appeals in different ways. Some agree with the requirements of the tenants, and there are cases when management companies refuse this request, citing various reasons. One example could be a refusal based on the fact that debtors for utility bills live in this entrance. You should know that this is not an argument for refusal, since the housing office or the manager of the house has the right to collect the debt through the court.

Nevertheless, if there was a refusal to apply or the submitted application was completely ignored, then further it is worth filing a complaint with a higher authority - the State Housing Inspectorate. In the event of an unsuccessful appeal, you can safely go to court, and in a lawsuit demand compensation for moral damage. Such claims are often granted by the court, so homeowners try to settle such issues without litigation.

Capital and planned repair of the entrance

When the landlord gives his consent to carry out repairs, a list of them should be compiled at a general house meeting. This list must be signed by the head of the house and the representative of the Housing Office. This list is very important, so its compilation should be taken very responsibly. The homeowner will only do the work that is on this list. No additional work will be done from the management company, so everything should be included in it, from plastering the walls to replacing fixtures. After that, it is necessary to sign the Act of commencement of work.

However, during the cosmetic repair, it may be necessary to overhaul certain communications or pipelines. As noted earlier, the concepts of current and major repairs are clearly distributed. Therefore, if a situation arises where work is required that does not fall under the concept of current repairs, then these issues need to be settled additionally.

The Prosecutor's Office of the Republic of Tatarstan: The frequency of repair of the entrances of the MKD must be observed

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The prosecutor's office of the Sovetsky district of the city of Kazan checked the media reports that in multi-apartment residential buildings No. 11, 12, 13, 14 on the street. International, Kazan has not been held for a long time porch repair and there is no asphalt pavement between the houses.

It has been established that the management of the indicated apartment buildings is carried out by the managing organization LLC Azino-1 Management Company. At the same time, the condition of residential buildings does not comply with the Rules and Norms for the technical operation of the housing stock, approved by the Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Complex No. 170 of September 27, 2003.

During the inspection of residential buildings, non-compliance was revealed the frequency of repair of stairwells, malfunction of the entrance doors (tambour doors), peeling, destruction of the flooring, the doors of the electrical panels are in the open state.

Based on the results of the audit, the district prosecutor's office addressed the director of Azino-1 Management Company LLC Alexander Kononenko with a proposal to eliminate violations of housing legislation. As a result, the head of the Konstantinovka production site, Setrak Mehrabyan, was brought to disciplinary responsibility in the form of a remark, and measures are being taken to eliminate violations.
/28.08.2015/

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The prosecutor's office of the Privolzhsky district of Kazan conducted an inspection of compliance with housing legislation, as well as legislation on the procedure for considering citizens' appeals by the management of the HOA "Soyuz". The reason for the prosecutor's intervention was the collective complaint of the owners of the house No. 12 on the street. Military town-33, Kazan.

During the audit, it was established that the Soyuz HOA violated the rules and norms for the technical operation of the housing stock, approved by the Resolution of the Gosstroy of Russia of September 27, 2003, namely: destruction of the finishing layer of entrance groups of entrances; non-compliance frequency of repair of entrances; partial destruction of the blind area around the house; in the attic room, there is a partial lack of thermal insulation of central heating pipes; roofing is in poor condition; basement clutter.

In addition, the inspection revealed violations in the consideration by the management of the HOA of appeals from citizens - homeowners.

In accordance with Art. 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.

Based on the results of the audit, the district prosecutor's office submitted to the chairman of the board of the HOA "Soyuz" Guzyal Samokhina a proposal to eliminate the violations of housing legislation, as well as to bring the perpetrators to disciplinary responsibility, and also initiated an administrative case against her under Article 7.22 of the Code of Administrative Offenses of the Russian Federation (violation rules for the maintenance and repair of residential buildings and (or) residential premises) and Art. 5.59 of the Code of Administrative Offenses of the Russian Federation (violation of the procedure for considering citizens' appeals).

The rulings with the audit materials were sent to the Kazan City Housing Inspectorate and the Magistrate's Court of the Privolzhsky District for consideration on the merits.
Acts of the prosecutor's response are under consideration.
/12.08.2015/

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The Almetyevsk city prosecutor's office conducted an audit of the implementation of housing legislation in the activities of the ASCL limited liability company.

During the audit, it was established that when maintaining the common property of house No. 3 on Chapaev Street, Almetyevsk, the management company violated the requirements of housing legislation, as well as the Rules and norms for the technical operation of the housing stock. So, on the basement of the house there is shedding of the plaster layer and partial destruction of the brickwork under the windows; electrical wiring and equipment are not insulated; access to electrical panels is not limited; wiring is not ordered; the painting and plaster layer of the walls on the landings is broken; not respected the frequency of repair of staircases residential building, and there is also no double glazing of the windows of the entrances.

Based on the results of the audit, the prosecutor's office initiated an administrative offense case against the chief engineer of ACCZH LLC, Aliya Abdrashitova, under Art. 7.22 of the Code of Administrative Offenses of the Russian Federation (violation of the rules for the maintenance and repair of residential buildings).

The resolution with the audit materials was sent to the Almetyevsk Zonal Housing Inspectorate for consideration on the merits.
/21.09.2015/

Good afternoon dear friends. In this article, we will talk about how to organize the current repair of the entrance of an apartment building (MKD), how to get such a repair from the management company (MC), the board of the homeowners association (HOA) or real estate (TSN).

An entrance is a common space owned by all apartment owners on the right of shared ownership, depending on how many percent the area of the apartment is in the general housing fund of the MKD.

We are at the entrance every time we leave the apartment or return to it. Therefore, every resident of the house is interested in the fact that the entrance was clean, well-groomed, it smelled good, it was beautiful and safe.

Order current repairs

Sometimes, going to visit friends or relatives, and entering their entrance (and some of them in your own) you see horror: paint and whitewash hanging in shreds, bald spots, broken tiles and chipped steps, broken mailboxes, broken windows and doors.

And when asked why you are not being renovated, residents complain about the Criminal Code or the HOA, which delay the start of its implementation. Let's figure out how you can hurry up the organization that manages your common home property. Indeed, in the case of such an attitude towards your property, we can say that the Criminal Code does not fulfill its obligations under the contract and it needs to be replaced with a more efficient one.

We want it to be beautiful

There is such a legislative document - Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Complex dated September 27, 2003 No. 170, which states that the frequency of cosmetic repairs in the entrance is 3-5 years, which depends on the actual wear and tear of the building and its classification. Although there may be exceptions.

For example, our house is over 5 years old, but the condition of the entrance is very good, so we have been refusing to carry out current repairs for the third year in a row. No one destroys our entrance, all the tenants bought apartments at their own expense, so there is such a careful attitude.

It is more difficult for those whose neighbors are people who received housing on social assistance. Such "comrades" do not have the habit of protecting either their own or other people's property, and one can only sympathize with their neighbors. And in such entrances, where such individuals live, repairs can be done at least every year - there will still be no sense.

Who needs repairs

It is necessary to distinguish between current and major repairs. Who pays for current repairs? For its implementation, the Criminal Code or the HOA do not have the right to collect money separately, because. its cost is included in the tariff for the maintenance and repair of common areas.

With a few exceptions, if, for example, during a renovation you want to put in more expensive lamps or hire an artist to paint the walls, in this case you will have to fork out.

The management company will not be able to refuse current repairs on the basis that the management agreement does not contain a clause on its implementation. To initiate current repairs, it is necessary to hold a meeting of residents, determine the types of work, write a letter or application to the Criminal Code indicating the place of work (for example, entrance No. 2 of the house at Sovetskaya St., 44), the date of the last repair (if any), list of work to be done.

The application must be signed by all homeowners of the entrance in which repairs are planned, or of the entire house, if repairs are needed to all entrances. Do not forget to choose a representative from the residents, who will be delegated the authority to control the process of updating the interior and sign all documents from the residents.

undeclared war

First, let's examine what is included in the list of works that can be defined as current or cosmetic repairs and indicated in the application:

Painting, whitewashing, plastering of the ceiling and walls;
Troubleshooting and painting of elevator cabins;
Replacement, painting of electrical panels located on each floor;
Repair or replacement of the front door, repair of the entrance opening, door opening systems;
Floor repair and replacement of floor tiles;
Painting batteries and heating pipes;
Debugging, replacing or painting mailboxes;
Replacing and painting stair railings;
If available - replacement of parts of the garbage chute and its painting;
Installation, replacement or painting of railings at the entrance to the entrance;
Repair or replacement of window frames, glazing;
Replacement or repair of fixtures;
Replacing or painting the driveway canopy;
Minor electrical repairs, replacement of wires, their cleaning in special boxes.

You can add additional details, the main thing is that they do not belong to the types of major repairs: the dismantling and installation of engineering systems, elevator equipment, roofs, basements, foundations and facades of the house.

Tanks roared over the field

We draw up the application in two copies: on one, the secretary at the reception of the Criminal Code must register your application, putting on your second copy the incoming number, the date of receipt of the application, the seal and his signature.

For insurance, send a copy of your registered application to the public reception of the city or district administration, indicating that the application was sent to them to monitor implementation.

We begin to wait 15 days, during which the Criminal Code must give you an answer whether repairs will be made, when and to what extent. If the UK agrees to carry out repairs, we smile and wave our hands. What will we do if the Criminal Code refuses us?

I wrap, I lull

It is clear that the Criminal Code does not want to part with such hard-earned money and it will begin to wage a verbal battle. For example, he will say that they do not have money for repairs, because debtors live in the entrance.

Like, until they all pay off the debt, we will not do repairs. The Criminal Code is cunning: no one has taken away the right to demand rent from debtors, including in court, and she should not shift her duties of working with debtors to third parties.

If the Criminal Code refused you, or did not react in any way to your application, you need to write a complaint to the State Housing Inspectorate of the city or district about the inaction of your Criminal Code. The complaint must also be drawn up in two copies, registered and on the second copy put the incoming number, seal and signature of the inspection officer who accepted the complaint.

If you submitted a complaint electronically, you should receive a response by e-mail that your complaint has been accepted for consideration and a registration number. You should receive a response within 30 days.

If the State Housing Inspectorate turned out to be powerless and the Criminal Code continues to resist, you have the right to apply to the Magistrate's Court with a statement of claim, for the sake of warning, indicating in it the requirement for compensation for moral harm.

If the documents are executed correctly, you will definitely win the court. The Criminal Code will try not to bring cases to court, because if it loses, its license can be revoked and accounts blocked.

Hooray, we'll be renovating

So, you won, and the Criminal Code agreed to make repairs in your entrance. The next step is to draw up a defect list, in which try to list everything that needs to be done, even minor work, otherwise the construction team will not do them, since they are not in the sheet.

The statement must be signed by representatives from the Criminal Code and from residents. Then an Act for the start of repair work is drawn up and signed, where there is a schedule for the production of work. The contract with the builders is concluded by the management company, or it carries out repairs by the efforts of its employees. An estimate of the work with an indication of the price is also the Criminal Code. Residents need to control the repair process, if workers violate the technology or delay the deadlines, they must immediately complain to the Criminal Code.

When the repair is completed, an Acceptance Certificate is drawn up, and after signing it, you can forget about the repair for the next 3-5 years, and you will have to correct the identified minor shortcomings either by yourself or at your own expense.

In Soviet times, residents in the same way had to knock on the thresholds of housing departments and district committees, because the state deducted funds for major repairs, and they had to move officials to start repairs.

Its quality was, of course, poor. Now, in this regard, it is easiest for residents of HOA or TSN, they manage their own fund. And for everyone else, it happens that you have to run.

On this I say goodbye to you. I hope that the topic has been touched upon, so subscribe to new articles on our site and give a link to it to your friends and relatives on social networks. And we will try to make our articles informative and useful.

As a rule, the management company refuses to carry out repairs in the entrance of an apartment building, referring to the fact that the performance of these works, according to the management agreement, is not the responsibility of the management company. To carry out such repairs, a decision of the general meeting of the owners of the premises of the house is necessary, as well as additional funds, which, of course, are not enough.

Meanwhile, in accordance with clause 3.2.2. Rules and norms for the technical operation of the housing stock", approved by Decree of the Gosstroy of the Russian Federation No. 170, the housing maintenance organization must ensure not only the required sanitary condition of staircases, but also the good condition of building structures, heating appliances and pipelines located on staircases; standard temperature and humidity conditions in staircases .

And as follows from paragraph 3.2.9. The specified Rules and norms, the frequency of repair of entrances must be observed once every five or three years, depending on the classification of buildings and physical wear and tear.

The absence in the management contract of the relevant clause on the obligation of the management company to repair the entrance does not relieve the latter from the obligation to provide favorable and safe living conditions for citizens.

Of course, one should not forget that the management company is not obliged, in the absence of a decision of the general meeting of owners, to perform work related to major repairs.

Examples from judicial practice: repair of the entrance of a residential building is the responsibility of the management company

The management company is obliged to repair the entrances of a residential building

The court satisfied the demands for the obligation of the management company to repair the entrances of a residential building, in particular, to restore the plaster and paint coating of the walls and ceilings of the stairwells.
The court found that earlier, the Housing Inspectorate revealed violations of the rules and norms of the technical operation of the housing stock, the management company issued an order to eliminate the shortcomings, which was not fulfilled.
The arguments of the management company about the lack of funds for the repair of entrances, as well as that these works are not provided for by the contract, were rejected by the court. The court also recognized the argument of the defendant that the current repair of the entrances of a residential building according to the contract is provided only for a fee and by decision of the meeting of owners of premises in an apartment building. (Cm. Appeal ruling of the Moscow Regional Court dated June 10, 2013 in case N 33-12585/2013)

Repair of the entrance of the house must be carried out within the time limits established by the Rules and Regulations technical operation of the housing stock

The court ordered the management company to repair the entrance of a residential building, including restoring the broken plaster layer of the walls and ceiling, glue painting the walls, stairs, ceilings, oil painting window blocks, radiators, stair railings, install handles, latches, restore window frames to perform other work.
The courts indicated that the managing organization is obliged to ensure favorable and safe living conditions for citizens, the proper maintenance of common property in the MKD.
The fact that there is no decision of the general meeting of owners does not cancel the stipulated Gosstroy rules(clause 3.2.9.) the obligation to carry out repairs to the entrances of the house in a timely manner. (Cm. Appeal ruling of the Murmansk Regional Court dated July 24, 2013 N 33-2479)

The management company is obliged to repair the entrance, regardless of the debt a number of owners

The court decided to oblige the management company to repair the entrance of a residential building, including walls, floors, ceilings, flights of stairs, railings, installation of frames in the window openings of the entrance, doors in the corridors, repair of electrical wiring, garbage disposal, and other works.
The argument of the management company that a number of owners of the premises of the house have arrears in paying utility bills, the court recognized as untenable.
At the same time, the court of second instance noted that imposing the obligation on the management company to carry out repairs that relate to capital repairs, and not current repairs, is not based on the law. ( Appeal ruling of the Yaroslavl Regional Court dated August 2, 2012 in case N 33-3687)

The management company is obliged to carry out cosmetic repairs of the entrance, these works are not capital in nature

The court decided to oblige the management company to carry out a cosmetic repair of the entrance of a residential building: to bring the ceiling and walls of the entrance into proper condition, to paint the ceiling and walls.
The court concluded that the work on the repair of the entrance was not of a capital nature. (

We are all homeowners or tenants. Residential premises can be rented commercially, when the apartment is rented from the owner - an individual or legal entity, and social.

In the latter case, according to housing legislation, housing is in state or municipal ownership, but is provided to citizens on the basis of a special agreement for perpetual possession and use.

This means that you and your relatives can live in such an apartment as long as you like, but unlike the owner, you cannot sell or bequeath it. In addition, without the consent of the landlord, that is, state executive authorities or local governments, you are not entitled to perform a number of other actions. For example, you can not rent an apartment or make redevelopment in it.

Relations between the tenant and the landlord are built on the basis of the norms of the seventh and eighth chapters of the Housing Code of the Russian Federation, as well as the Model Social Hiring Agreement, approved by Decree of the Government of the Russian Federation No. 315 on May 21, 2003. In particular, the question is regulated to whom, on what basis and according to what criteria housing is provided for social rent.

But, most importantly, in these acts, the rights and obligations of the parties to the contract of social employment are fixed.

Of course, the main responsibility of the tenant of the dwelling is the timely payment for it, as well as the consumed utilities. And the landlord - to provide an apartment and take part in the maintenance and repair of the common property of the house in which it is located.

As for the repair, the rights and obligations of the parties in this matter are distributed as follows. According to paragraph 3 of Article 67 of the Housing Code of the Russian Federation, current repairs are borne by the tenant, and major, in accordance with paragraph 2 of Article 65 of the Housing Code of the Russian Federation, by the landlord.

It would seem that everything is simple. In fact, difficulties begin when figuring out what exactly, what types of work relate to the first and second forms of repair.

Some clarity in this matter helps to bring the already mentioned Model contract of social employment. It says that current repairs include: whitewashing, painting and pasting walls, ceilings, painting floors, doors, window sills, window casings from the inside, radiators, as well as replacing window and door appliances, repairing internal engineering equipment (electrical wiring, cold and hot water supply, heat supply, gas supply).

At the same time, if, for example, a wiring fault in the tenant's apartment is caused by a faulty electrical wiring in the entire house (common property), then the landlord must replace it.

An approximate list of works performed during the overhaul of the housing stock is given in Appendix No. 8 of the Rules and Norms for the technical operation of the housing stock, approved by the Decree of the Gosstroy of the Russian Federation No. 170 of September 27, 2003. In particular, the repair of roofs, facades, insulation buildings, replacement of intra-apartment engineering networks and more.

However, we emphasize that there are no clear boundaries between current and major repairs in the current legislation.

That is why tenants and landlords of residential premises under a social contract of employment often have disagreements. So, a reader recently turned to our editorial office with a request to clarify who should replace the window blocks and the insulation between the ceilings that burned out during the fire. According to the above approximate lists of current and major repairs, the elimination of these shortcomings is the responsibility of the landlord.

At the same time, it followed from the reader's letter that, in order to solve his problems, he turns mainly to the management company. “Where can I find a list of services that the management company must perform for repairs inside municipal apartments?” he asks.

Meanwhile, according to Articles 162 and 163 of the Housing Code of the Russian Federation, the management of an apartment building that is state or municipal property is carried out either directly by the authorities or by a managing organization selected by the results of an open tender. In other words, contractual relations for the management of MKD are formed directly between the management company and state and municipal authorities.

At the same time, the management company has the right to make claims against the owner and require him to fulfill their obligations. For example, financing and implementation of capital repairs by contractors.

Thus, if you, like our reader, cannot resolve your housing problems with the Criminal Code, contact the landlord directly. According to the law, if he does not fulfill his duties, he must be held accountable. In particular, in case of non-fulfillment or improper fulfillment by the landlord of residential obligations to carry out major repairs in a timely manner, the tenant, at his choice, has the right to demand a reduction in the payment for the use of the occupied residential premises, common property, or reimbursement of his expenses for eliminating the shortcomings of the residential premises (Article 66 of the Housing Code of the Russian Federation) .

To do this, it is necessary to send an official claim to the owner of the premises under a social tenancy agreement indicating the deadline for eliminating the shortcomings indicated in it. If it is ignored, you have the right to seek help from the judicial authorities.