Since 2012, amendments were made to the Housing Code, according to which the costs of major repairs were assigned to residents of apartment buildings. But, as you know, every legislative act has its own exceptions that need to be studied, because it is quite possible that the tenant pays for the service, having preferences that completely or partially exempt him from these expenses. Therefore, it is worth understanding in more detail who and how you can legally avoid paying for major home repairs and how to correctly write an application based on the sample. Knowing your rights and taking the right steps will save you a lot of money.
Today, monthly contributions for major repairs of common property in apartment buildings are prescribed in the Housing Code. At the same time, some categories of citizens may be completely or partially exempted from this burden
How can you legally avoid paying for major repairs in apartment buildings - legal justification
To avoid unnecessary expenses, it is enough to simply study the laws and amendments adopted to them, which are freely available. In particular, the issue of payment for major repairs of multi-apartment residential buildings is regulated by Article 169 of Federal Law No. 188-FZ of December 29, 2004, which spells out not only the responsibilities of homeowners, but also the benefits provided for them.
Who has benefits
Currently, the Housing Code of the Russian Federation stipulates that all costs for maintaining common property in an apartment building are borne by the owners, despite the fact that their amount directly depends on the share of their ownership of this property. Simply put, the fee is charged per square meter, and the larger the area of the property owned by the tenant, the larger the amount of penalties for major repairs of common property is provided for it.
Naturally, this state of affairs does not suit all homeowners, because it is no secret that the wear and tear of common property is influenced not by conventional square meters, but by the number of residents who use it. And it turns out that if a standard family “husband, wife, two children, and maybe also a dog” lives in a one-room apartment, then they will pay much less than, for example, a lonely pensioner neighbor from three rubles who goes out on the street almost doesn't work out.
Meanwhile, the law partially regulates this problem, providing relief for a certain category of citizens, prescribed in part 8 of article 170 and part 5 of article 181 of the Housing Code of the Russian Federation.
According to these rules, the following are entitled to benefits:
- single non-working owners over 70 years old – 50%;
- over 80 years old – 100%;
- families consisting only of non-working pensioners or disabled people of groups I and II - in the same percentage depending on age;
- owners of objects located in houses that are subject to reconstruction or demolition;
- residents of houses in disrepair and those built during the period of mass industrial development;
- property owners in houses with unforeseen centralized engineering and technical systems;
- resettlement program participants;
- low-income people living in properties under a social rental agreement – 100%.
It is also important to remember that we are not talking about a fixed amount, since current legislation provides for the establishment of a minimum contribution amount on an individual basis, which directly depends on many factors.
Among them are the number of floors, service life and technical condition of the facility and its communications, the cost of repair work, etc.
At the same time, the calculation is carried out in strict accordance with all current regulations, as well as methodological instructions specially developed for this purpose, excluding arbitrariness. The only point to consider is that owners can set fees above the minimum on their own initiative. The main thing is that all this is agreed upon and recorded.
In what cases can they refuse?
So, the amount of contributions for major repairs is determined by the regional authorities. As for the transfer of contributions, it is carried out to a specially opened bank account of the regional operator, which means a legal organization responsible for creating a working capital fund for carrying out repair work.
That is, residents have no reason not to transfer funds to the account of these funds related to non-profit organizations, since they (NPOs) in their activities rely on the provisions regulated by the Housing Code of the Russian Federation.
Also in favor of making such payments mandatory is Article 170 of the RF Housing Code, which does not provide for a voluntary start in this matter.
This means that everyone who does not provide legal grounds for receiving a benefit under this expense item will not receive it, and it will no longer be possible to prove otherwise. As a result, debt will accumulate, and along with it, penalties, although everything may end in legal proceedings with a decision not in favor of the defaulter.
And once again, falling under a preferential category is not a reason for automatic recognition of the status of a homeowner with subsequent provision of compensation. Moreover, the latter will be denied if you do not provide the appropriate package of documents, accompanied by an application for waiver of fees for repairs.
And even if the tenant subsequently provides all the necessary papers confirming his right to the benefit, he will not be provided with compensation for the previous period (only for the subsequent one, if the package of documents provided by the applicant matches).
Today, residents who do not belong to preferential categories have no reason not to transfer funds to the account of non-profit funds, since they (NPOs) in their activities rely on the provisions regulated by the Housing Code of the Russian Federation
Principles for determining the queue of apartment buildings for major repairs
When a joint decision is made in favor of residents independently collecting funds for major repairs, storing them in a special account, as well as subsequent independent organization of the process, residents are freed from the need to wait their turn for planned major repairs. Necessary repair and construction work can be carried out at any time chosen by residents if an actual need arises and the required amount of funds is available.
Other houses are undergoing major renovations as planned. The priority is determined by local authorities. Among the key factors influencing the priority are the speed of collecting the required amount of money and the actual condition of the house at the stage of privatization of apartments in it. Today, the owner is given the opportunity to independently determine the priority of his home in relation to major repairs by studying information on a special online portal.
How to write an application for waiver of repair fees
In order to take advantage of the established preferences, you must contact TSN or the management company in order to identify the organization on whose balance sheet the home repairs are carried out. And already there it will be possible to clarify all the nuances of providing benefits and submit a corresponding request with a package of documents attached to it.
Sample document
Submission of papers is necessarily accompanied by writing an application, which is the following form:
Step-by-step application procedure
The first thing you need to do before contacting the regional office or capital repair fund is to find out from the housing and communal services department whether you have a debt. If there is one, you must make a payment, after which you can go to the social security authorities to confirm your preferential status.
In the latter case, you will have to provide certain papers: a passport, receipts for payment of services for the previous period, income certificates in the form of personal income tax (relevant for non-working citizens), an extract from the house, documents confirming property or social rent (for the poor), personal account and application modeled after a local organization.
This also necessarily includes a document confirming the applicant’s preferential status, be it disability, veteran’s or pension certificate, etc. It is worth noting that today it is possible to submit documents in electronic format through the State Services website or the “My Documents” office application.
In addition, in case of physical illness, his authorized representative can apply for benefits for the owner, for which he will have to issue a notarized power of attorney.
It is important to remember that the reason for refusing to pay for major repair services can be not only a preferential status confirmed by documents, but also:
- forced advance payment of services before they are provided;
- lack of decision-making on financing and distribution of funds at general meetings of TSN;
- lack of registration of common property in the form of property;
- lack of a formal contract with the conditions specified in it for receiving the services provided;
- desire to pay for services upon their provision.
And again, it is worth recalling that all of the listed factors are not a legal basis for unilateral failure to fulfill one’s own obligations.
To apply for a benefit, you need to make sure that there are no debts on contributions, collect the necessary package of documents, including certificates confirming the applicant’s preferential status, and contact the organization on whose balance your house is located
Lawyers' answers to the most frequently asked questions
Am I obliged to pay for the replacement of the risers of the centralized heating system if I changed everything in my apartment at my own expense?
Carrying out repairs to your own living space is not a reason to refuse contributions for major repairs of common property, which includes heating risers. Payment of contributions is made in accordance with Art. 170 of the Housing Code of the Russian Federation based on the share of ownership in an apartment building and the amount of contributions established for it.
Tell me, why should I pay a monthly fee for the overhaul of a dilapidated house that is not being repaired and, most likely, will not be repaired?
You shouldn’t, and you have every right to refuse this expense item by first submitting the appropriate application to the organization on whose balance sheet your home is located.
This year I turned 80 years old, I have a group II disability. Can we relieve ourselves of the burden of paying for major home repairs if my working daughter and son-in-law live with me?
Unfortunately, you cannot take advantage of the benefit, since payment for major repairs is carried out based on your living space, on the territory of which there live people who are not eligible for subsidies under this expense item.
What happens if you don't pay
All usual penalties are applied to the debtor. First of all, penalties begin to accrue. If the debt grows to several thousand, the service provider may go to court. This threatens the seizure of bank accounts, as well as forced write-off (by the way, completely legal) from salary or pension cards.
If the debt exceeds 30 thousand rubles, the debtor may be prohibited from leaving the country. In addition, bailiffs have the right to seize property, including a car, if there is one.
Even if the debt arose as a result of erroneous calculations and charges, you cannot simply ignore it - you should contact the organization that issued the invoice and sort it out. If the problem is not resolved on the spot, complain to the State Housing Inspectorate, or, as a last resort, file a lawsuit.
All usual collection measures are applied to the debtor. First of all, penalties begin to accrue. If the debt grows to several thousand, the service provider may go to court. This threatens the seizure of bank accounts, as well as forced debiting of funds from salary and pension cards
Some categories of owners are entitled to benefits for paying for repairs to an apartment building. But in order to receive it, you must prepare the documents correctly. Otherwise, if a debt arises, he may face a trial with not the most rosy prospects.
