Is the payment for major repairs mandatory or voluntary? Are homeowners required to pay into the fund for capital repairs of an apartment building? Who is exempt from contributions and why?

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.

Bottom line

As you can see, the method is effective, but there is no 100% guarantee of success. For those who plan to sell their home in the next couple of years, it is well suited, but if parting with the apartment is foreseen only in the distant future, much will depend on “how the stars align.”

In no case do I encourage accumulating debts, because according to the law, you cannot refuse payments. But from debt - you can. What do you think about this? Write in the comments. Thank you for your attention.

How to fine a management company

–
you can find out
here.

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.

No down payment and no payment after the first down payment: is there a difference?

Contributions are preliminary ; work will be carried out when the required amount has accumulated in the account. The HOA can take this process completely into its own hands and open its own account.

True, there is one “but” - if the deadline approaches, and it turns out that there are no funds, the owners will have to take out a loan from the bank.

Are we obligated to pay for major home repairs if there is no contract? There is also an opinion: if the contract has not been signed and the first payment has not been made (this is the effective confirmation of the party about the existence of a contractual relationship), then there is no need to pay.

In this case, they refer to Article 425 of the Civil Code, which regulates the adoption of the agreement.

I would like it that way, but in reality everything again comes down to the notorious Federal Law No. 271-FZ and Article 169 of the Housing Code.

It is they, and not the contract, who dictate to apartment owners whether to pay or not . The need for payment is clearly stated in the regulations.

After the adoption of the law, eight months are allotted for apartment owners to decide at a general meeting to whom they will transfer the contributions - to the regional operator or to a special account for their building.

Because it is the general meeting of owners that is the governing body of the house (Article 44 of the Housing Code), but it is not the final authority.

If a decision is not made, no problem - a regional account already exists and was kindly provided by the municipality.

Is it necessary to pay for major repairs? As you can see, the question “is it possible not to pay” is not worth it at all - the law obliges us to pay for repairs . The choice is “where to transfer contributions” - and here the owners are given a certain freedom of action.

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.

Is it worth paying or not?

It’s worth it if you don’t want trouble, first of all (because only the fear of punishment can force many citizens to comply with the established rules).

And secondly , it’s worth it if you want to live in a house suitable for living - after all, all tranches are strictly taken into account and house repairs are carried out at their expense.

This means that citizens pay not to the Management Company, but to themselves.

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

We look at the provisions of the law

Is the payment for major repairs mandatory or voluntary? Just a couple of years ago, these contributions were indeed voluntary.

In 2014 (from July 1), amendments were made to Federal Law No. 271-FZ. In particular, Article 13 was “decorated” with clause 8.2, and it precisely implies minimum contributions for major repairs.

Is the law perfect? At the moment, the ambiguities are really striking , for example, the lack of a boundary between current repairs and major ones.

That is, in practice, of course, everyone understands the difference in terminology - routine repairs are minor corrections, such as painting, plastering, structural repairs. Major works include larger-scale works - improvements to structures, restoration of worn parts, etc.

But the fact of the matter is that the column in payments from housing and communal services is called “current repairs” . But the residents are already paying for it, that’s why they are indignant: why are they obliging them to pay more?!

In fact, one should only be outraged by unclear wording of the law , which cannot always be correctly understood right away. In fact, the money will go to the intended purposes.

The trouble is that the border between current and major repairs is often very arbitrary. What is the difference between contributions for major and current repairs, we explained here.

Another reason for the dissatisfaction of the inhabitants of the houses is the putting of money into what they think is a “common pot”. That is, there are two “piggy banks”:

• special account for a separate building (established in agreement with the meeting of homeowners);
• regional operator account.

It is clear that the last “piggy bank” is more voluminous and contributions from many houses are received there. Is it necessary to pay into the capital repair fund, since many people absolutely rightly do not want to pay for other people’s repairs?

But according to the authorities, there is no need to fear this - strict records of all incoming tranches are kept and not a single house will be repaired at the expense of another.

Where and how you can find out where the money paid for major repairs went and who should provide such information, we tell you here.

The size of the trenches also varies in different regions of Russia . Its size is influenced by many nuances, for example, how old the building is, what material it is built from, whether it has an elevator or not, etc.

Reasons why contributions to the Capital Improvement Fund raise many questions

As soon as the column “major repairs” appeared on the receipts, people with critical thinking began to question the need for such a payment. Where, to whom and for what should we pay? After analyzing all the information, we came to disappointing conclusions.

• In accordance with current legislation, a citizen is obliged to pay for the service provided to him. In the case of major repairs, residents are already paying for the service, but it will not be provided soon (the terms are set from 15 years from the date of accrual of payments). There is no understanding whether this will be a quality service and whether it will be provided in accordance with all current standards.
• The Capital Repair Fund is a non-profit organization. Again, in accordance with the law, contributions to non-profit organizations are voluntary. No one can force citizens to systematically pay certain amounts of money to the budget of non-profit organizations. But nevertheless, payment for major repairs is a mandatory payment.
• No one can guarantee that by the time the repairs are carried out, the collected amount will not depreciate as a result of inflation.
• Residents of an apartment building cannot influence the order of repair work, as well as the distribution of this work in order of importance. That is, if the Overhaul Fund decides that the foundation needs to be repaired, and your roof is leaking, then it will be very difficult to influence a change in repair guidelines.
• The timing of major renovations of most buildings has been delayed for a period of 15 to 30 years (in some cases, more). The question arises what will happen to the owners of these apartments over such a long period of time. Another interesting question is what will happen to residential buildings after these decades, given that the Russian government reports that the degree of depreciation of the country’s entire housing stock exceeds 60%.

Should I pay for repairs - a sober look at the situation

First of all, the obligation to maintain an apartment building in order, as well as to pay for major repairs of the building, is assigned to the owners by Article 169 of the Housing Code of the Russian Federation.

Indeed, it does not occur to the owners of individual residential buildings to demand that the state pay for the repair of a leaky roof. Since the institution of property in our country began to develop not so long ago, the generation of sensible owners has not yet reached a critical mass among others.

As a result of mass privatization, employers quickly became owners, receiving their square meters free of charge from the state. At the same time, the advantages of transferring housing into ownership were at least known to them. But the responsibilities and duties were not properly clarified during the privatization process.

Therefore, we received a generation of owners who, out of habit, demanded that the state take care of their property. The apartment owners did not carry out repairs to the staircases, elevators, or facades, believing that all this remained in the hands of the authorities. As a result, there was an increase in the emergency housing stock; houses built not so long ago also began to fall into disrepair.

To stop the situation associated with the dilapidation and destruction of the housing stock, the government of the country developed and implemented a new part of the Housing Code in 2012. It stipulates the mandatory nature of payments for major repairs of houses.

What payment options are there?

For the convenience of citizens, current legislation allows two ways to accumulate money for major repairs. The first is payments to the non-profit organization “Capital Repair Fund”. This is the so-called regional operator. It accumulates funds from all houses in the region and independently distributes funds to each of them. The priority and need for repairs of one or another element of an apartment building is determined by local governments.

This payment method is suitable for those residents who do not have the time or opportunity to delve into the intricacies of maintaining an apartment building. Here the FKR will think through everything for them, but there is also a high probability of error due to the fact that there is a lot of information, and in such conditions it is easy to make a mistake.

Another category of houses that are suitable for this method of savings are low-rise buildings with several apartments, and houses belonging to the old housing stock. The fact is that the FKR distributes funds for major repairs based on the condition of the housing stock. And the older the house, the sooner it will be repaired. New houses in such a system will only receive repairs after all the old ones have been put in order.

The second way is to create a specialized account for a specific home. This tool allows owners to independently control the collection, storage and distribution of funds collected by residents. In this case, the order of work is determined by the residents independently. However, concluding an agreement with a contractor and monitoring the quality of work also falls on the shoulders of the owners.

This method of saving funds is suitable for new residential buildings. Instead of regularly paying to the FKR and waiting for their turn, the owners can, having accumulated a certain amount, maintain all the capital structures of the house in proper condition as necessary.

Another advantage of this method is that all funds collected by residents will be spent on a specific house. In fact, you won't have to finance the renovation of other houses.

How to get money back for major repairs?

Contributions for major repairs can be returned under Article 184 of the Housing Code of the Russian Federation. The law describes specific cases in which the return of funds is permissible; there is no point in citing them; they are repeated with the above.

They also return the money spent to preferential categories of citizens.

Benefits for paying for major repairs for pensioners

Costs for this item are calculated depending on the square meters of occupied living space and sometimes amount to a significant amount. Especially for older citizens, when the main income is only a pension.

The requirement for pensioners to provide benefits for paying for capital repairs is quite understandable. But it is not provided by law to all persons who have reached retirement age.

Article 169 of the Housing Code defines a number of conditions, compliance with which will make it possible to provide compensation for expenses incurred for major repairs. Only fulfilling all the conditions will immediately grant this right:

• reaching the age of 70 years or older;
• the apartment must be owned by the pensioner;
• he must live there alone;
• be inoperative.

The family of elderly non-working pensioners over 70 years of age is also entitled to receive compensation.

In total, the benefit will be provided:

• in the amount of 50% of the calculated fee upon reaching 70 years of age;
• in full 100% upon reaching 80 years of age.

To receive compensation:

1. You need to pay a monthly invoice.
2. Write an application to the social security authority or MFC for a refund. Documents required:

• passport;
• SNILS;
• extract from the personal account;
• extract from the Unified State Register or certificate;
• a document proving the status of unemployed (copy of work record book, etc.);
• bank account details;
• payment receipts.

The refund will be credited to your account at the beginning of the month after the application (for example, if you wrote on September 11, then you will receive the money on October 1).

When calculating compensation, the following are taken into account:

• minimum tariff per sq. meter;
• standard housing area (varies depending on the region);
• payout percentage 50 or 100.

Benefits for disabled people

Disabled people are federal beneficiaries for all utility services. This norm is enshrined in the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”.

Compensation is calculated based on the minimum amount of contribution for each square meter of total living space, which is established by the regulations of the constituent entity of the Russian Federation.

Article 17 of this law determines that compensation for the payment of contributions for major repairs can be provided no more than 50 percent for the following categories:

• disabled people of groups I and II,
• disabled children and citizens with disabled children.

Benefits for labor veterans

Persons with labor veteran status are also provided with benefits for major repairs, including disabled family members who are dependent on them. It is half the amount of the contribution based on the minimum amount according to regional law and taking into account the area of ​​housing occupied by the citizen and his family.

There are certain area standards that are established:

• for a person living alone no more than 33 sq.m.,
• family of two people – 42 sq.m.,
• family of three or more people – 18 sq.m. for everyone.

If the total area of ​​the dwelling turns out to be more than these standards, then compensation is provided only for them, and above that falls on the shoulders of the owner.

Having examined the documents provided, the social authority. protection makes a decision on compensation and returns previously paid fees within 60 days from the day the citizen applied. Funds are credited in the manner indicated in the application.