Are residents required to pay contributions for major repairs in new buildings?

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When purchasing living space in a new building, many owners are confident that for a certain time they will be free from payments to the Housing Capital Repair Fund. And the more unexpected it becomes for them to receive payment documents from the above-mentioned Fund with the amounts due for payment. Property owners have reasonable questions about when they start paying for major repairs in a new building, and whether the actions of territorial authorities are legal in relation to buildings that are less than 5 years old from the date of commissioning.

Which houses are new buildings

There is an opinion that houses built up to 5 years ago are new buildings. This is due to the fact that the developer guarantees a minimum free elimination of identified violations of technical and operational standards for this period.

From a legal point of view, a new building is a premises, a building, transferred into the ownership of individuals or legal entities directly from the developer. After moving in, even a few days later (it doesn’t matter whether the buyer lived in his apartment or not), if he wants to sell the property, the qualification changes to secondary housing.

Therefore, when people are outraged by receipts charging fees for major repairs in a new building, they most likely mean a house that was recently commissioned by developers.

It is still necessary to separate the concept of guarantees provided by the construction company that commissioned the facility and contributions made by the owners of residential premises for the overhaul of an apartment building.

Formally, if the house is occupied, it is no longer a new building

After what period of time can the management company accrue contributions for major repairs?

Guided by the norms of housing legislation, apartment owners are given the right at a general meeting, by counting a majority of votes, to choose the form of management of an apartment building.

The governing body is needed to resolve issues relating to:

• maintenance of the common property of an apartment building;
• carrying out seasonal work (preparation for the heating season, cleaning the local area after winter, etc.);
• planning major repairs.

Payments are made monthly for housing and utility services provided.

If we talk about payment for consumed energy, gas, water, heat supply, everything is clear here. We used it and pay according to the meter readings. Didn’t use it - accordingly, the indicators have not changed, and you don’t need to pay.

What is included in the payment for residential premises if the apartment belongs to its owner? Housing legislation (Article 154) provides clarification on this matter.

So, in addition to utilities for residents who bought an apartment from the developer or participated in shared construction, the payment receipt contains:

• payment for the maintenance of common property (for example, cleaning staircases, elevators);
• contributions for major repairs.

We conclude that the demands for payments for major repairs in new buildings are legal.

Capital repair tax

The obligation to pay receipts for major repairs begins from the moment the residential building is added to the queue. The tax is not levied on citizens living in dilapidated housing and real estate alienated in favor of the state. Federal Law No. 273 states a special federal list of persons entitled to benefits. The government is discussing an initiative to introduce an exception - a complete abolition of the tax on capital repairs from people whose age has exceeded 80 years, but subject to the complete absence of relatives. The essence of the idea is simple - do not take a fee from the owners of real estate, which after their death will go to the state.

Is it legal to charge contributions for major repairs if the house is recently built?

Questions about how the upcoming major repairs of common property should be organized are given a separate section IX of the Housing Code of the Russian Federation.

When we talk about major repairs, we mean an almost complete renovation of individual structures and building elements.

The country's territory is vast, with different climatic conditions that affect the wear and tear of buildings and structures. Therefore, at the regional level, regulations are adopted that establish the procedure and timing for when major repairs of facilities need to be carried out, taking into account how many years ago the buildings were put into operation.

It is impossible to find specific answers to the question of whether capital repairs are paid for in new buildings. There is also no clarification regarding the delay in the start of accrual of contributions for the formation of the corresponding fund.

Local authorities themselves determine the procedure and timing of major repairs

Should new residents of a newly built house pay for major repairs?

The legislator focuses on the point that an apartment building can be put into operation after the program of planned capital repairs in the region has been approved, where changes are then made.

It is separately highlighted when residents of new houses begin to pay for major repairs (clause 5.1 of Article 170 of the Housing Code of the Russian Federation).

Owners of apartments purchased from the developer must:

• decide on the management body of the common property;
• no later than the period established in the region of residence, which cannot exceed 5 years from the date of inclusion of a specific building in the program, begin making contributions for major repairs.

If the new residents do not make any decision, a month before the end of this period for choosing the method of forming the fund, local authorities will take the initiative into their own hands:

• apartment owners will be provided with information about the consequences;
• if a general meeting on this agenda has not been held, they will set a day and time, notifying the homeowners of the need to discuss the pressing problem.

As we see, how many years new buildings do not pay for major repairs depends on the adopted regional program, but no more than 5 years, according to the law.

If there was no meeting, but they demand payment of contributions for major repairs, this is illegal.

Homeowners have the right to choose how they want to form the fund:

• open a special account;
• transfer payments for major repairs in a new building to the regional operator.

Legislative aspect of the issue

Funds are collected for the Fund for Major Repairs of Common Property, in accordance with the requirements of the Housing Code of the Russian Federation, from all owners of premises located in a residential apartment building. This applies to both owners of residential and non-residential premises.

The size of the fee is determined taking into account the area of ​​the home and the value of the territorial coefficient used in the calculation using the formula: k*n=S, in which k is the cost of repairs of 1 sq. m. meters of premises established in the region, and n is the area of ​​housing owned, that is, privatized by the owner.

As a rule, the amount of the minimum contribution has its own meaning in different regions and is calculated individually for each household based on a technical examination of the building.

Who is legally exempt from contributions for major repairs?

Let us return to the pressing issue for many about the legality of the accrual and requirement for monthly payment in the established amount of amounts that form the fund used for major repairs.

Please note that residents who have recently moved into new apartments are not exempt from making contributions, as evidenced by the norms of housing legislation.

The regional program is formed based on data on all MGCs located in the region (region, and so on).

Buildings are not included in the list of planned major repairs if, after conducting surveys, a decision is made that their restoration is unprofitable. In other words, it is cheaper to demolish houses that are in disrepair and give people other housing.

As a result, residents who own apartments in a building whose structural elements are worn out by more than 70% are exempt from paying fees for its repairs.

In addition, if the land plot (where the house is built) is seized by decision of the local administration or state authorities, the owners of residential premises also do not pay contributions to the capital repair fund.

Certain benefits are established by region, for certain categories of citizens, compensating them for the costs of paying the minimum contribution (including when they pay for major repairs if the house is new) on a monthly basis, taking into account the standard area of ​​occupied residential premises for calculating subsidies:

WHAT ABOUT THE LIMITATION TERMS?

Lawyers and those who have ever dealt with lawsuits will immediately come up with a brilliant idea about the statute of limitations.

What if you pay only part of this sudden debt? Or, for example, only for the period when you yourself are the owner of the apartment? And don’t pay for the previous owner! After all, while the point is, the statute of limitations for previous periods will pass, which in the event of a legal dispute can be declared in court!

Let us recall that the general limitation period is three years (clause 1 of Article 196 of the Civil Code of the Russian Federation).

However, it begins to flow from the day determined in accordance with Art. 200 of the Civil Code of the Russian Federation, that is, “... from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.”

And since the Fund received data on an apartment in a new building with a delay of 3 years, the period for claims for payment of contributions accrued for previous periods of ownership by this or a previous owner begins from the day the relevant information was received.

This creates a paradoxical situation: the Fund is only now learning about the violation of its right to receive contributions; it can charge contributions for all earlier periods of the existence of an object included in the regional capital repair program.

At the same time, the owner’s application to apply the consequences of missing the limitation period will not be satisfied by the court, since this period has just begun to run from the moment the Fund received information on real estate from Rosreestr.

Is it possible to get a deferred payment?

The law does not provide for a delay in the start of payment of contributions for the overhaul of a new residential building.

Here it is worth paying attention to some nuances:

• 3 to 8 months of time are given, starting from the next month after the publication of the regional program in official media sources, for residents to hold a meeting and decide on the method of forming the fund and the amount of monthly payments;
• When it comes to moving into a new home after the program has been approved, the deadlines for paying a fee for the necessary capital work to repair the common area in the future are determined depending on the place of residence and can cover a five-year period.

In any case, as we see, homeowners in new buildings do not begin making payments for major repairs from the first day they receive the keys to their apartments. For example, in the Saratov region this period is 3.5 years.

Comments (4)

Valery|
2018/11/07 Our house is undergoing major renovation in 2044. I will be 89 and our life expectancy is 73 years. I will no longer be 16 years old when the renovation starts! Elena| 2019/08/22 But think about who to vote for in the next elections. Otherwise, your children and grandchildren will continue to pay for air for everything. United Russia will never come up with another 333 mandatory payments for you.

Residential complex Belye Rosy| 2019/11/20 Please clarify whether regional authorities (Moscow region) can collect funds for major repairs if the houses themselves in the residential complex have not yet been registered with the cadastral register? How to protest these actions if they are illegal?

Tatiana| 2020/02/28 Hello. Four and a half years after signing the deed of transfer of the apartment in the new building, receipts for major repairs began to arrive. Monthly contribution 500 rub. But every month the payment slip indicated the amount of 1,500 rubles. The EIRC explained to me that they should have started collecting this payment from the house a year and a half ago. But they just started now. Therefore, each apartment accumulated debt for a year and a half. Is this legal? Is it possible to calculate contributions for major repairs retroactively?

How will the collected money be spent?

The minimum amount of monthly funds for major repairs is established taking into account the place of residence.

The total amount cannot be higher than half the estimated cost of the planned capital works, which include, according to monitoring of the technical condition of the building:

• repair of the facade, foundation, and, if available, basement;
• roof replacement;
• modernization of elevators;
• renewal of water supply, in-house heat, gas, and energy supply systems.

Is it possible to change or expand the list of planned repairs?

If the fund is formed from the minimum stipulated amount for the region of monthly payments made by residents, if necessary, the list of services and works necessary to improve conditions can be supplemented by decision of the local administration.

For example, it is practiced taking into account new technologies used in construction when renovating old houses:

• insulate facades;
• change roofs to modern ventilated ones;
• arrange exits to the roof;
• install automated devices to be able to take into account and regulate the consumption of utility resources by residents;
• add other innovations.

As for the funds collected by decision of the owners in excess of the established minimum limits, at their request they can be used for any needs. It remains only mandatory for the general meeting to make a decision on the direction of the fund’s funds, which must be documented in the minutes.

Residents can make proposals to expand the planned list of repair work not only if they have opened a special account, but also to the regional operator by attaching the minutes of the general meeting.