Who is exempt from paying for major housing repairs?

Contribution for major repairs - Law

Since the end of 2012, a new expense item has appeared in utility bills: “Payments for major repairs.” Although many residents expressed dissatisfaction, payments began to be accrued monthly and were mandatory for payment, like others. The need is due to the fact that responsibility for the condition of owned residential premises rests with the residents. It turns out that when purchasing an apartment in an apartment building, a citizen also becomes a co-owner of the building, that is, basements, attics, roofing and other elements.

The costs for this item are significant. Therefore, they are stored in the account of the apartment building or transferred to the regional fund, in accordance with current legal acts.

Legislation

In today's article we will talk about people with disabilities. This group of people, like no other, is vulnerable.

Disabled people rarely have the opportunity to earn money, and all benefits and small earnings go to purchase medicines and proper treatment.

Many people are unhappy with the housing policies of recent years. Not only are utility bills rising, but there is also a permanent line for paying for major repairs.

Many have not moved away from the memories of the times of the Soviet Union , when the state paid for major repairs on its own.

Today, when everyone has acquired private property, the state has abdicated its authority to carry out major repairs at its own expense.

Of course, it subsidizes certain regions on this issue and provides subsidies, but it does not cover even half of the bill for major repairs.

This measure is rather of an incentive nature and only supplements the budget of the capital repair fund for a separate house, rather than making up its entirety.

Disabled people cannot pay this line in full , because many properties have quite large apartments, and the payment per square meter is quite serious and varies from region to region.

The legislator accommodated this group of people and introduced benefits for major repairs for people with disabilities. Federal Law No. 181 of November 24, 1995, which talks about social protection of various groups of the population, contains Article 17 .

It states that disabled people, as well as families with disabled children, are given a discount on utility bills of exactly fifty percent .

This is a significant relief of the payer’s burden for services provided by resource-supplying organizations. Read what else the legislation says about benefits, and from this article you will learn which categories of citizens can pay only part of the contributions or are completely exempt from paying and what needs to be done to receive the benefit.

We will try to understand the categories of benefits and discounts in more detail in the next paragraph.

Categories of beneficiaries 2021

Beneficiaries are divided into 2 categories of citizens. Some are completely exempt from the need to deposit money, while others are only half exempt.

Elderly people - owners who have reached eighty years of age, living alone or in a family that consists only of pensioners - have a 100% benefit. However, if people of working age also live in the premises, the benefit does not apply to the pensioner.

The following persons may be exempt from paying contributions by fifty percent:

1. Owners who have reached the age of seventy, who are no longer working and live alone or in a family consisting of persons who are also non-working pensioners.
2. Families raising disabled children.
3. Owners of residential premises who are parents of many children.
4. Disabled people of groups 1 and 2.
5. Veterans and participants of the Second World War, persons who were rehabilitated.
6. Citizens who have been exposed to radiation.
7. Low-income citizens if payments for housing and communal services and major repairs are higher than the share of income established in a particular region of residence.
8. Persons who received the medal “For the Defense of the Mountains. Moscow" (the subsidy applies only to residents of the capital).

These are the main categories of beneficiaries living in multi-storey buildings. But local authorities have the right to include in the list other persons to whom the subsidy will apply in the relevant region.

Who is entitled to compensation?

General provisions on rent benefits, including compensation for housing and utility costs and major repairs, are prescribed in several federal legislative acts:

• Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended on June 11, 2021);
• Federal Law “On Veterans” dated January 12, 1995 No. 5-FZ (as amended on April 30, 2021);
• Federal Law “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.”

Article 169 of the RF Housing Code establishes a general rule for providing benefits for major repairs; regulations for direct application are adopted by the constituent entities of the Russian Federation.

If we bring together the norms of these laws, the list of those who are entitled to compensation for major repairs is as follows:

• single homeowners aged 70 years (50%) and 80 years old (100%);
• these same owners, if they live with family members - non-working pensioners and (or) non-working disabled people of groups I and (or) II;
• combat veterans and disabled family members of deceased combatants (Articles 16, 21 of Law No. 5-FZ);
• “Chernobyl victims” (Article 14.3 of Law No. 1244-1-FZ).

The maximum compensation for major repairs to combat veterans, family members of those killed and Chernobyl victims will be 50% of the amount paid.

IMPORTANT!

The Law “On Veterans” stipulates many categories of beneficiaries, but state support measures for participants in the Great Patriotic War, residents of besieged Leningrad and besieged Sevastopol, prisoners of concentration camps, etc. already “overlap” by common age grounds - they are all 76+.

ConsultantPlus experts have discussed how to get a benefit on paying contributions for major repairs in an apartment building. Use these instructions for free.

Who else and in what cases may not pay for repairs?

Attention! As stated above, major repairs are carried out at the expense of the homeowners. Therefore, if the premises are not privatized, the municipality is considered the owner. The tenant (under the social tenancy agreement) does not have to make the corresponding payment. There is no obligation for other tenants of housing (under a commercial lease agreement). The owners should do this for them.

Article 169 of the Housing Code of the Russian Federation provides for two more cases in which deductions for housing repairs are not made. These include situations:

1. If there is a dilapidated house that should be demolished soon.
2. If the land under the building is withdrawn for the needs of the state or municipality.

In these situations, the question of overhaul is no longer raised. Therefore, no deductions are made.

According to Article 170 of the Housing Code of the Russian Federation, if the minimum amount provided by law for the capital repair fund of apartment buildings is reached, the owners have the right to suspend the corresponding financing. Then payment will be collected only from those residents who are in arrears for this payment.

If the building is not included in the modernization program, the item is also not paid. Once a new home is enrolled in this program, payments must be made no later than five years. If the house is not a new building, then the corresponding obligation arises after eight months.

How to get a benefit - step-by-step instructions

As with receiving benefits for housing and communal services, in order to take advantage of the subsidy for repairs, which the owner of the premises has the right to legally count on, you must contact the municipal subsidy department. How registration is carried out is stated in Article 159 of the RF Housing Code, as well as in RF PP No. 761.

When calculating, the following points are taken into account:

1. Relaxations are provided to citizens if they have no debt to pay taxes, utility bills, or repairs themselves. Therefore, if there is a debt, it must first be paid.
2. You should find out whether the residential building is included in the region's program. This information is provided by the capital repair fund or the management organization.
3. You need to obtain documents confirming your right to benefits from the social security office at your place of registration or from the MFC.

After this, the required package of documents is collected, in particular:

1. Identity cards of apartment owners and family members.
2. Documents that confirm membership of specific beneficiaries, for example, ID of a pensioner, veteran, etc.
3. Receipts that confirm payment for repairs and services.
4. Certificates of income of the applicant and family members.
5. Extract from the house register.
6. Statement. This document requires you to indicate the account. It will receive a subsidy.

Keep in mind! If you do not provide any of the above documents, you will not be able to obtain the benefit.

What is a capital repair contribution?

The housing stock in many cities is not being renewed and is in need of restoration. A lot of money is required for construction work. They collect them from residents in accordance with the rules established by the region. The accumulated funds are accumulated in special accounts and can only be spent on major repairs. The monthly contribution amount may be unaffordable for older people living on old age benefits. The state provides special benefits for major repairs to pensioners after 70 years of age, consisting of a reduction in monthly payments or a complete exemption from payments.

Not all elderly individuals can receive the privilege. Payment for major repairs after 80 years for pensioners is carried out according to special rules. Many citizens can receive benefits or legally not make payments at all. To do this, you need to know how pensioners over 80 years of age pay for major repairs, under what conditions the subsidy is provided, what documents should be submitted to receive a discount, and where to apply.

Calculation procedure

The need for major repairs is determined by regional authorities, in accordance with the provisions of the Housing Code established under Art. 169. By-laws of local authorities establish the amount of contributions. This indicator has a wide range depending on the subject of the federation. For pensioners, it will be disappointing that every year contributions are indexed upward according to the principle of rising inflation. Tariffing is set according to the square footage of the apartment, depending on the following factors:

• type of house, belonging to one or another housing option;
• the presence of an elevator and other general communications in need of major repairs;
• general wear and tear of housing.

The amount of monthly payments is calculated using a special formula. Regional authorities fix tariffs per 1 m2 of living space. Depending on the area of ​​the apartment according to the house plan, the amount of final payments will vary. If a person lives in Moscow, the local authorities have set a tariff of 15 rubles per 1 m2, the size of the apartment is 55 m2, then the calculation formula will look like this:

15 x 55 = 825 rubles.

This amount will have to be paid monthly. In the receipt for payment to the housing department for housing and communal services there will be a column allocated for major repairs with automatic calculation of the amount due for payment. Often, payments place an unbearable burden on the budget of an elderly person. Of great help are the benefits for paying for capital repairs for pensioners over 80 years of age, provided for by state regulations.

Social norm of square meters per resident

Depending on belonging to one or another category of beneficiaries, the subsidy can vary between 50-100% of the cost of major repairs. At the same time, the receipt may indicate a certain amount to be paid, which outrages the pensioners who signed up for the benefit. The fact is that the subsidy for paying contributions for major repairs is not provided for the entire living area of ​​the premises.

State authorities have established certain social minimum housing standards for living. They amount to 1 person – 33m2; if a citizen lives with his wife (husband), then - 21 m2 for each resident; if 3 people register together – 18 m2 for each household member. Based on these indicators, the benefit is calculated. If the size of the apartment exceeds the social norm, then for square meters in excess of this indicator, you will have to pay in the established amount under the “overhaul” column, regardless of whether the pensioner belongs to a preferential category.

Compensation for major repairs – who is entitled to it and how to get it

Returning to the question of those citizens who may not pay for major repairs, it should be said that benefits for them can be both state and regional. If a benefit is allocated at the state level, then it applies to persons specified in the Federal Law (namely, in the Housing Code of the Russian Federation). If a benefit is allocated at the regional level, then it is provided for by the law of the corresponding subject of the federation, and is valid only there.

Information about this is clarified from the housing department or the social security authority. Examples of federal beneficiaries are disabled children, and regional ones are large and low-income families.

Regardless of whether the owner of the premises must pay for repairs or was exempted from this payment (in whole or in part), he is obliged to make payment. After this, the subsidy is credited monthly to the account of the beneficiary indicated in the application upon appropriate registration. This is done no later than the 26th of each month.

If a citizen is a beneficiary for several reasons at once, he can use only one of his choice. Usually the most advantageous benefit is chosen.

If a citizen owns several real estate properties for which major repairs need to be paid, then the subsidy is paid only for one premises, at the choice of the beneficiary.

Benefits for major repairs for pensioners and disabled people in the regions

Subjects of the federation make decisions on classifying housing stock as objects requiring major repairs individually. In the Leningrad region, as part of the housing restoration program, which will last 25 years, starting in 2021, pensioners over 70 years old are given a 50% discount when paying contributions. Legislators of the Kostroma region adopted a resolution to exempt citizens over 80 years of age from paying funds for capital renovation of housing at the same time as the federal authorities. Citizens over 70 years of age are given a 50% discount on the cost of the service.

Some regions provide for the payment of benefits to additional categories of beneficiaries. For example, legislators in the Oryol region decided that elderly citizens over 80 years of age, persons with one or another disability group, and Russians who purchased real estate in new houses are exempt from paying contributions. The last group of individuals is exempt from paying for the service for 2 years from the date of purchase of housing.

Features of providing benefits in Moscow and the Moscow region

Since the capital has the highest tariffs for utility services, thousands of citizens apply for exemption from payments to multifunctional and regional centers for the provision of public services every day. Muscovites over 70 years of age are given a benefit in the form of a 50% reduction in the amount of payment for major repairs shown on the receipt. Residents of the capital can present not a bank account number for transferring compensation payments, but a plastic Muscovite card. In addition to citizens over 70-80 years old, WWII participants, disabled people of all groups, and labor veterans can take advantage of the benefit.

What happens if you don't pay

If a citizen is not a beneficiary, he has to pay the appropriate fee in full. Despite the desire, you should not ignore this payment, as a debt will form, which, sooner or later, will still have to be repaid. Not only that, as mentioned above, beneficiaries also pay for repairs. But then they will get their money back by transferring it to their personal account. If they do not make the appropriate payments for at least two months, the subsidies are suspended and the debtor is notified of the period during which the money must be paid. If payment is made, the benefit continues to apply.

For other citizens, the following situation occurs. For the resulting debt, a penalty is charged, the amount of which is 1/300 of the refinancing rate of the Central Bank of the Russian Federation for the overdue day (as stated in Article 255 of the Housing Code of the Russian Federation). If a significant amount of debt accumulates, the organization that is involved in the formation of this account has the right to apply to the court with a statement of claim to collect the debt. Then deductions will be carried out by bailiffs, on the basis of a writ of execution (and for this they are endowed with many tools).

Some citizens believe that after repair work has been carried out on the house, there is no longer a need to pay the corresponding fee. But in practice this is not the case. Often, credit funds are used to carry out these works, and repairs are done on credit. Therefore, the obligation to pay remains even if the house is renovated. But if the residents have completed the main repairs themselves, then it is possible to cancel this payment for a certain period or at least reduce it.

Conclusion

Major repairs must be paid every month. Even those who are exempt (fully or partially) from paying for major repairs must make this payment. But he gets his money back. If residents who are not beneficiaries ignore the corresponding expense column, a penalty will be charged. Therefore, they will have to pay even more later.

In some cases, the law allows for the possibility of not making this payment. Then we are not talking about specific citizens who are beneficiaries. This expense item may be absent, for example, due to a building that is in disrepair, or the land under the house being seized for the needs of the state or municipality.

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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