Legislative requirements in the field of repairs of apartment building property
Repair of the entrance, as well as other structures of the apartment building, is regulated by the following Russian legislative acts:
- The Housing Code of the Russian Federation, which covers issues of financing, organizing and carrying out work to maintain common property in good condition;
- Gosstroy Resolution No. 170, adopted in September 2003 and describing the types of repairs and the requirements for the maintenance of apartment buildings.
Appendix 7 to the last of these documents lists the work that must be performed, including the repair of entrances.
The legislative framework
The main legislative act regulating repair issues is. In addition, a mechanism for raising funds for its implementation has been determined.
The scope of work, requirements for the repair of the entrance, as well as the responsibilities of the management company are regulated by the Rules and Standards for the technical operation of the housing stock, approved.
Each region may have its own regulations that further define the rights and obligations of the parties.
The agreement between the management company and the owners of apartments in the apartment complex also plays an important role. It specifies not only the types of work, but also the frequency with which they should be carried out.
What does the renovation of entrances to apartment buildings include?
Entrance repairs involve the following types of work:
- major repairs – complete or close to complete restoration of structures. This is the most large-scale work to strengthen or replace the main load-bearing elements. In addition to the building structures themselves, elevators and their shafts, energy communications, basements and other elements of the apartment building are subject to restoration or replacement;
- current (cosmetic) - serves to maintain the building in normal condition between the KR - repair of porches, doors and window frames, restoration of the damaged plaster layer of walls and ceilings, painting of elements, sealing cracks and holes in the wall fencing, glazing of window openings, inspection of heating units ( when they are located in entrances), thermal insulation work, maintenance of the surrounding area.
In addition to the work indicated in the list, residents have the right to apply for additional work, if necessary.
Who is obliged to repair the entrance - where to contact
The repair of the entrance is carried out by management companies in accordance with the developed annual schedule, which includes a list and deadlines for completion, estimate documentation with data on the volume of costs for the purchase of building materials, attraction of contractors and other expenses.
These structures are entrusted with responsibilities for resolving legal and organizational issues. Carrying out cosmetic repairs at the entrance is carried out in two ways:
- directly by the staff of the management company who are on the staff of this organization;
- attracting performers from among specialized organizations that have received a license and permission from government bodies to perform the specified work.
Third-party contractors are invited to carry out the design work - large volumes and complexity of work require qualified personnel, special equipment and experience.
Materials are purchased by the management company or contractor with subsequent payment to the management company based on the results of the implementation of planned activities.
Regardless of the method of performing the work, the management company does not have the right to force homeowners to pay in excess of the stipulated contributions. However, apartment owners are often offered to independently:
- wash off the remaining whitewash after repairing the ceilings;
- clean up construction waste;
- perform some auxiliary work.
It must be taken into account that the work of restoring and maintaining the house clean is entrusted to the management company. The completion of planned and extraordinary restoration repair work includes the elimination of consequences and is confirmed by an acceptance certificate signed by the residents.
The management company is only exempt from cleaning interfloor areas and vestibules of apartments, but the maintenance of public areas is entrusted directly to this organization.
Order of conduct
The management company visually inspects the entrance, including the roof, flights of stairs, and basements. If representatives of the HOA are in no hurry to carry out major repairs, and the deadline has already approached, the residents themselves can initiate the repair. During the inspection, information is collected, a work plan and cost estimate for implementation are drawn up. The estimate is approved at a general meeting of residents, then a team of repairmen is selected, materials are purchased, and contract agreements for the work are carried out.
First of all, during inspection, the waterproofing of the roof is checked. If its condition is unsatisfactory, updates (without replacing the waterproofing) will be useless. They inspect the condition of the pipes, check the electrical wiring, glass, frames, and doors. Every comment is documented. The scope of work is determined.
It is separately specified at whose expense the materials are purchased - the customer or the contractor. Funds from the Capital Repair Fund (collected through payments for the maintenance of the house) are allocated for major repairs, so residents are not required to bear any additional expenses. When choosing a contractor, preference is given to reputable companies. The contracting organization must have title documents and other evidence of conducting legal business. The company should be ready to provide information about which objects it has previously carried out repairs on.
Today in the labor market there are enough companies that perform qualified work. Therefore, it doesn’t hurt to compare several of them in order to make the right choice and give preference to highly qualified specialists.
How often are entrances repaired?
The frequency of current and major repairs of entrances to apartment buildings is determined by regulatory documents and depends on the technical condition and features of building structures.
Current repairs of the apartment building entrance - standards
It is necessary to carry out routine repair work at intervals depending on the operating conditions of the MKD, the nature of the building structures, and the materials used in them. According to legislation, cosmetic procedures must be performed at least once every three to five years. But if the condition of the entrance requires urgent restoration before the expiration of the specified period, residents have the right to petition the Criminal Code for their early organization.
The decision to submit this petition is approved by the general meeting of apartment owners.
What is done when redecorating an entrance
Cosmetic renovation of entrances includes:
- painting, whitewashing, puttying of ceilings and walls;
- painting of elevator cabins and shafts, elimination of minor defects;
- replacement and painting of electrical panels located in the entrances, restoring the order of electrical wiring;
- restoration or replacement of access doors and doors;
- laying or restoring flooring;
- painting of heating system elements;
- replacing, painting or restoring mailboxes in the entrance;
- painting or replacing stair railings, repairing damage;
- restoration of garbage chutes, if entrances are equipped with them;
- painting and eliminating defects in the railing on the porch in front of the entrance;
- replacement of window frames, insertion of glass;
- replacement or restoration of lighting devices.
If necessary, the list is supplemented.
Major renovation of the entrance
RC is carried out if the degree of wear of structural elements exceeds thirty percent, or in the event of the formation of emergency defects that pose a danger to people or the integrity of the building.
In case of CR, a complete restoration or replacement is carried out:
- heat, gas, water or electricity networks;
- elevators and their shafts;
- roofing structures;
- basements, if they belong to common areas in the house;
- facades and foundations.
Defects and damage of an emergency nature must be repaired immediately. If time is required to organize work, access of people to dangerous places should be prohibited, with the installation of appropriate fences and safety signs, and training with residents.
Entrance repair cost
The entrances to the apartment building are being repaired at the expense of the management company. The cost includes the cost of purchasing construction materials and paying for the services of performers.
Funds from residents' contributions are used for financing. In some regions there is a state program, within the framework of which part of the work is carried out at the expense of the state.
Regional government structures have special departments that carry out general management and control over the timely organization of capital and current repairs of apartment buildings. They must respond to citizens’ requests on these issues, including solving problems of payment for work.
Accounting and tax accounting of management company's expenses for repairs
Repair work is subject to value added tax in accordance with the Tax Code of the Russian Federation. However, if the contract is concluded directly with an organization that provides such services, it is exempt from paying VAT.
Funds transferred by residents to the account of the management company are not taxed in the case when a fund or reserve is formed from them.
Find out in more detail about the features of accounting carried out by a management company in the housing and communal services sector.
How to get the entrance repaired
Often, residents have to make additional efforts to force the management company to make the necessary repairs.
How to write an appeal to the management company about the repair of the entrance
If there is a need to bring the entrance to normal condition, residents are required to draw up a collective letter to the management company. The decision is made based on the results of the general meeting of owners of living space in an apartment building.
If the management company refuses to start work, residents can organize the work themselves by purchasing the necessary materials and concluding an agreement with the repair organization. In this case, the procedure is as follows:
- draw up a report describing the technical condition of structures;
- develop estimate documentation;
- purchase materials, keeping receipts and other supporting documents;
- carry out repairs on your own or with the assistance of an organization;
- draw up an appeal to the Criminal Code for reimbursement of the funds spent, attaching documentary evidence of the expenses incurred;
- if the management company refuses to return the money for repairs, file a claim with the court, attaching the necessary documents.
Expert opinion
Mironova Anna Sergeevna
Generalist lawyer. Specializes in family issues, civil, criminal and housing law
If the need to restore building structures is related to ensuring safety, the court will take into account the attached evidence and oblige the management company to reimburse costs. But if the residents’ decision to paint and other cosmetic repairs is caused by the desire to bring the structures into an aesthetic appearance, the justification of the costs is insufficient, and a positive decision from the judicial authority should not be expected.
