How not to pay for major repairs legally: instructions

Contributions to the capital repair fund have recently been added to the usual utility bills paid by apartment owners. Some confusion in concepts leads to the fact that some residents consider these expenses to be unnecessary and avoid transferring monthly payments to the Federal Fund of the Russian Federation. This material is detailed instructions on how not to pay for major repairs and not run into fines.

What work is included in the list of regional overhaul programs:

repair of common premises and equipment - basements, attics, roofs, elevators;
renovation of facades;
foundation restoration;
reconstruction of utility systems - sewerage, water supply, heating and lighting.

The minimum payment amount is calculated based on the norm for 1 sq.m. housing and is determined by local legislation. According to the homeowners, it can be increased (if they wish to speed up the collection of the necessary funds). Residents who ignore their obligation to pay contributions to the FKR risk eventually receiving a court notice to pay the debt and penalties accrued on it.

The Housing Code identifies several categories of housing, the owners of which are exempt from this additional burden:

houses that are municipally owned - the responsibility for carrying out major repairs in this situation falls on the municipal owner;
dilapidated houses - even if the residents paid contributions to the FKR, from the moment the act on the unsuitability of the building for habitation is drawn up, they are released from this obligation, and the funds they contributed must be returned;
houses, the land under which is subject to seizure for municipal needs.

Do residents of new buildings ? Legislation allows new residents not to contribute to the FCR for a certain period of time. The exact period is determined by local authorities - as a rule, it does not exceed five years. However, the opposite is not prohibited: members of the HOA can voluntarily accumulate funds for future repairs in their special account with the regional operator.

For those who want to know how to legally avoid paying for major repairs, the instructions in the next section will help determine whether you are entitled to a benefit.

Who is compensated

Many pensioners are perplexed when faced with the situation of refusal of monthly cash compensation (MCC) for major repairs due to errors in the data provided. There are established rules according to which a 50-100% discount on payment for the service is provided. The criteria that local authorities rely on are as follows:

If a pensioner is over 80 years old, lives alone, does not work, then he receives a 100% discount.
If a disabled Russian over 70 lives alone, you can get a 50% concession.
If a married couple of elderly unemployed people live together, one of whom is over 70 years old, the other over 80 years old, then there is no need to pay for major repairs.
If a pensioner over 80 years of age and other people, one of whom is under 70, live together or are registered in the same territory, the benefit is not provided, since an elderly citizen is not considered single.
People who are disabled people of groups 1 and 2, raising a disabled child, are given a 50% reduction in payment for the service.
If there are debts for payment of housing and communal services, the subsidy is not provided.
The house in which the applicant lives must be subject to major repairs, and the area of the apartment must be within the established social norms for the applicant to have the right to apply for a subsidy.

Ownership of the apartment

One of the main conditions for providing compensation for payment for services is that the housing is in full ownership of the applicant. The pensioner must have documents confirming that the premises belong exclusively to him; there are no other homeowners who own shares of this real estate. If it is established that the apartment is divided between people, one of whom is over 80 years old, and the others cannot claim the benefit, then the subsidy will not be provided.

Living alone condition

Compensation is provided if a pensioner who has reached 80 years of age lives alone. The concept implies that the person applying for the subsidy is registered in the specified living space alone or with another person of retirement age who is entitled to the subsidy. For example, if a citizen over 80 years of age is the sole owner of the premises and lives with his wife registered there, whose age has exceeded 70, then a subsidy is issued. If the spouse is under 70 years old and is registered in the apartment, then the benefit will not be provided.

Many citizens living alone are perplexed when they are denied compensation. We must understand that government agencies do not base their decisions on the real state of affairs, but on documented data. If, in fact, one pensioner over 80 years of age lives in the apartment, but, according to the house register, two or more people, grandchildren, relatives of active age are registered in the living space, then the subsidy will not be issued. After these citizens are discharged from their living quarters, they can apply for compensation.

No debt for housing and communal services

For many people, the main obstacle to receiving a discount or exemption from fees for major repairs of an apartment building is the timely payment of utility bills to the housing department. If a citizen has not made a monthly payment, then the debt will accumulate like a snowball with fines and penalties accrued. A person is forced to take out loans to pay off debts. A pensioner applying for exemption from payments for major repairs must provide information about the absence of debt for utility bills.

Some regions provide cash compensation to senior citizens instead of exemption from payment. The payment receipt includes this expense item, with an obligation to make payment in full. After payment, the money is returned to the citizen’s card, or, in the form of cash, is transferred to the payer by postal employees delivering the pension.

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Who has the right not to pay to the FKR

Some categories of citizens have benefits and subsidies for utility bills. Contributions to the Fund for capital repairs were no exception. Regional authorities have the right to independently determine the list of those persons who are exempt from them in whole or in part:

Non-working pensioners. The main condition is living in your own home alone, or with a fellow pensioner . At the same time, for those who have reached the age of 70, a benefit of 50% is provided, and for those who have crossed the 80-year mark - 100%.
Disabled people of groups 1 and 2, parents of disabled children. These categories of citizens have the right to reduce their contribution to the FKR by half. All conditions must be clarified with local authorities. This benefit applies to families or citizens whose income is limited to the subsistence level or minimum wage.
WWII participants, labor veterans, blockade survivors. The application of the benefit may also depend on income.
Large, low-income families, single mothers. The conditions for receiving benefits and the existing restrictions must be clarified with the social protection authorities.

Important! In order to exercise your rights and not pay contributions to the FKR, you must submit an application to the regional operator and the local administration, since this benefit is of a declarative nature. In addition, in some regions, even all citizens are required to fully pay receipts from the Federal Fund of the Russian Federation, and the amount transferred by beneficiaries comes to their personal bank account in the form of a special subsidy.

Is it possible not to pay for major repairs without the above reasons? No, categories of citizens not included in the list of beneficiaries cannot legally refuse contributions for major repairs. Trying to save money will ultimately lead to additional costs for penalties and fines.

Regions rich and poor

For different subjects of the Russian Federation, subsidies will be very different - depending on the size of the population, its age structure, and the minimum contribution for major repairs. RF PP N 92 introduces a maximum level of co-financing for each region for 2021, that is, that “ceiling” above which money from the federal budget will not be provided.

The lowest level of co-financing is provided for:

Moscow – 5%,
Yamalo-Nenets Autonomous Okrug – 10%,
Tyumen region - 14%,
Khanty-Mansiysk Autonomous Okrug - 19%,
St. Petersburg – 23%.

Only two regions can count on 100% state support - the Republic of Crimea and the city of Sevastopol. This is followed by a number of subjects with a maximum level of co-financing of 95%: the republics of Altai, Dagestan, Ingushetia, Karachay-Cherkessia, Chechnya, Tyva, as well as the Kamchatka Territory.

Four steps of the Civil Housing Inspectorate when entering a house into the register of licenses at the request of the MA
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Other ways to save legally

However, it is quite possible to reduce the current costs of payments to the Federal Credit Fund. If the residents of the house are part of a HOA or join an initiative group, they can:

conclude an agreement to place advertising banners on the facades of the house, rent out part of the common areas of the house to third-party organizations - the funds received can be used to pay contributions to the FKR, provided that they are accumulated in a special account;
organize the necessary repairs on your own - with the involvement of a contractor. In this case, an amount equivalent to that spent will not have to be contributed to the FCR, provided that the work performed is included in the long-term plan. In this case, it is necessary to coordinate the repair with the regional operator;
if there is half the minimum amount in the account according to the local standard approved by the authorities, payments for major repairs can be suspended.

Individuals renting out apartments under a rental agreement can reduce their costs for contributions to the FKR by agreeing on their payment with the tenant. However, you need to understand that such a clause cannot officially appear in the terms of the transaction, since the owner of the property is obliged to pay the fees.

How to receive compensation for major repairs for pensioners over 80 years of age

Depending on the regulations of the constituent entities of the federation, payments made can be reimbursed in different ways. If an exemption from payment for major repairs is provided, then, after the subsidy is issued, the civil service authorities transmit information about the available benefit to the housing department servicing the house so that this column is excluded from the receipt for utility bills. If the pensioner receives compensation, he must make a full payment of the amount in the payment order, after which the overpayment is returned.

To reduce the burden of expenses falling on the family budget, older people can apply for a subsidy on their own, or enlist the support of relatives by entrusting the transfer of documents to third parties who have a power of attorney certified by a notary to carry out such operations. This opportunity is provided for pensioners whose health condition does not allow them to fully move through the authorities to assert their rights.

Registration procedure

To ensure that payment for major repairs is not included in the receipt or is compensated, the following procedure for obtaining a subsidy must be followed:

Inquire from the management company whether the housing is included in the list of households subject to major repairs. If current housing maintenance programs do not provide for the possibility of major repairs, then it is useless to count on benefits.
After receiving an affirmative answer, you need to collect all the documents for paying for the utility bill, confirming the absence of current debt, obtain a certificate from the housing department that the payer regularly pays for the services, penalties and fines are not charged.
Make payments for housing and communal services according to the receipt issued by the management company.
Collect the required package of documentation confirming your right to compensation.
Contact the authorities involved in obtaining the subsidy, personally or through third parties, by proxy, providing the necessary documentary information
Submit the documents and wait for a positive decision. Organizations authorized to make a decision on exemption from payment provide a response within 5-10 business days regarding the provision of a subsidy or refusal.
Depending on the type of subsidy provided, use compensation payments or a reduction in the amount of payment in the monthly receipt.

Where to apply

You can register a change in payment for capital repair services at the department of social protection of the population closest to your place of residence, or at the MFC, if the center provides this option. Since it is often difficult for senior citizens who have reached the age of over 80 to walk, collect documents, or sit in queues, you can entrust the registration of benefits to young relatives, grandchildren or granddaughters by writing the appropriate power of attorney.

It is possible for citizens to apply for compensation through the public services Internet portal. It is difficult for older people to use the service, so young people can complete the documentation and submit an application by registering on the organization’s official website. After sending the necessary documents, a response about a positive or negative decision is sent to the specified email address. The citizen is informed that the request has been fulfilled and the applicant has been included in the general register of Russians who have benefits.

List of required documents

To apply for a subsidy, you need to collect a large package of official papers. These include the following documents:

Passport of the applicant and persons living together in the same living space with the pensioner who are entitled to the subsidy.
A request for compensation in free form, indicating the reasons for the application, information about the applicant, age, sole ownership of living space, absence of debts to the housing department for utilities.
Pensioner's ID.
Information that there are no arrears in payment of utility bills.
An official paper with a list of persons living together with the applicant in the same territory according to the house register data.
SNILS.
Certificate of sole ownership of the apartment.
Additional information about citizens living with the applicant, at the request of MFC employees. Required in order to determine their status and entitlement to compensation.
Information about payment for major repairs according to the latest receipt.
Bank account number where the subsidy will be transferred.
Certificate from the Pension Fund of the Russian Federation about the pension issued, indicating its amount.
Other information about the applicant at the request of social protection service workers.

Frequently asked questions from owners

Will major repairs be carried out if the previously transferred funds to the FKR account are not enough? Yes, the work included in the plan will be completed even if there is insufficient funding from the owners. For their implementation, funds accumulated by the Federal Credit Fund in a consolidated account and bank credit lines are attracted. This will not change the amount of residents' contributions; repairs will be carried out on credit.
Will the amounts spent by residents on general building repairs be counted if they were not included in the regional program? Partial or full offset of such expenses is possible only if they are included in the plan of the regional operator, or if there is a proven need for them to be carried out with adjustments to the program.
Do I need to pay for major repairs, and what consequences may arise if contributions are not transferred to the Fund? If a debt arises for a period of more than 6 months, the regional operator has the right to recover funds from the debtor through the court. The consequences will depend on the size of the delay, the primacy of the violation and other factors.
Since payments for major repairs are equated by law to payments for utility services, the conditions for claiming them are similar. The court can not only issue a ruling on debt compensation and penalties, but also seize the debtor’s property or temporarily restrict his travel outside the Russian Federation.
The HOA did not enter into a separate agreement with the regional operator. Does this mean that there is no need to pay contributions to the FKR? No, that doesn't mean it. All homeowners of apartment buildings are required to pay contributions for major repairs.

Text: Svetlana Kuryleva

Responsibilities of the regions

As soon as the subjects of the Federation receive subsidies from the federal treasury, they have an obligation to spend them properly, and to return unspent funds. How this will be done is regulated by an agreement that will be concluded between the Ministry of Construction of the Russian Federation and the subject of the Federation (clause 9 of RF PP No. 92).

This agreement must include, among other things:

amount of subsidy for major repairs ,
procedure, conditions and terms for transferring and spending subsidies,
procedure for monitoring the implementation of the agreement;
deadlines and procedure for submitting reports on the use of subsidies;
planned indicators for the use of the subsidy;
consequences in case of failure to fulfill the plan;
schedule for transferring subsidies, the procedure for changing it, as well as monitoring its implementation;
liability of the parties for violation of the terms of the agreement.

If a subject of the Federation has not fulfilled its obligations under the previous agreement, then it will not be able to conclude a new agreement (except in cases where the reason for this was force majeure).

How public housing control will be carried out is described in this article.

In what cases is payment of compensation suspended?

Compensation ceases to be received if:

the property is recognized as unsafe;
real estate transferred to state ownership;
a non-retirement age tenant has registered in the apartment;
there were arrears in payments.

Amount of compensation paid for major repairs

Are labor veterans entitled to benefits when paying for major repairs and their relatives and dependents?

Veterans of labor living together and their relatives who are unable to work, if the latter are supported by veterans or receive financial assistance from them on an ongoing basis as a means of subsistence, are given compensation in the amount of half of what was paid for major repairs.

The refunded amount cannot exceed half of the paid contribution, which is calculated taking into account the minimum paid per square meter of the total area of the occupied premises in one calendar month, as well as the actual living space.

The established tariff is multiplied by the veteran’s share, which gives the total compensation limit.

How to calculate the amount of benefits for a labor veteran for major repairs? For one member of a family consisting of at least three people, 18 square meters are allocated, for two - 42, for those living alone, 33 square meters are provided, and for residents of communal apartments and allocated rooms - the area they occupy.