Housing and communal services: what will be repaired in the apartment for free

Free work

MKD cannot be left without one of the types of management; this is a requirement of the law. If residents are in no hurry to choose a Management Company, they will be assigned such an organization by local authorities.

The maintenance organization monitors the condition of the house, performs necessary repairs, and takes care of the safety of the home. According to the agreement, the management company must make repairs to the common property, which is necessary to maintain the entire house, and not a separate privatized apartment. What applies to such common property?

Gas supply system.
Sewerage.
Water supply (hot, cold).
Circuit.
Area of the attic, basement, staircases, technical rooms.
Local area.

Read also: Hot water supply for an apartment building.

Servicing such a large number of objects is a responsible task that requires regular implementation, control, and a professional approach. But there are owners of privatized apartments who still believe that the Management Company or Housing Office should carry out repairs of the specified networks in their apartment.

ATTENTION! To clarify this issue, you need to refer to Article 36 of the Housing Code and to Government Resolution No. 491 (issued in 2006).

Taking these documents into account, a list of repair work has been created that is carried out by the management company in an apartment building free of charge:

These are the risers of hot and cold water supply systems - before connecting to the outlet pipes.
Gas pipeline with outlets to a tap that shuts off the gas supply.
Heating racks before connecting to the exhaust pipes.
Heating devices.
Metering devices (meters), if they are located before joining with taps or shutdown devices.

The list is long, but the apartment owner must repair much of the equipment at his own expense, without waiting for free services from the management company or housing office. What's on the list?

Cooking stoves (electric or gas).
Individual metering devices.
Plumbing equipment and its fittings.
Pipes that go after joining with the riser. This also applies to taps.
Sockets, switches, cables that are located in the apartment. As well as intercoms, if they are installed for housing maintenance.

You should study these lists and understand the issue before demanding free repairs from the management company. If you need repairs to your property, should you contact craftsmen from the management company or call specialists from a private company.

You may also be interested in: Installing a gas meter in an apartment: price.

Practice shows that employees of the management company and housing office are well aware of the specifics of the equipment of a particular house. They know how the wiring runs through the apartment, where to turn off the water during repair work. Therefore, if the craftsmen are well trained, they will carry out repairs faster and with better quality. But this is individual and depends on the professionalism of the training management team.

The information will also be useful in the case when the Management Company, receiving monthly payments for the maintenance of apartment buildings, also requires additional funds from residents to repair risers or metering devices located before the junction of the branches with the risers.

Major renovation of a municipal apartment

The Housing Code quite clearly describes the basic rights and obligations of both the tenant and the landlord. However, as practice has shown, many citizens living in municipal-type apartments have a poor understanding of their rights and responsibilities. This usually leads to controversial situations between the owners of municipal apartments and their tenants, especially when the issue of repairs arises.

If previously it was possible to dispose of public housing quite freely, now in many cases the consent of the landlord - the owner of the residential premises - is required. Is it possible to arrange a redevelopment of a municipal apartment? At whose expense are repairs carried out? Is it worth treating the apartment “as if it were your own” in this regard?

First of all, we note that the main responsibility of the tenant (here he is not much different from the owner) is timely payment of housing and utilities. But he does not pay real estate taxes.

Also, the tenant must use the residential premises for their intended purpose and within the limits established by the Housing Code; ensure the safety of the living space and maintain it in proper condition. This includes current repairs, for which the person living in the room or apartment is entirely responsible. Such repairs mean whitewashing, painting and pasting walls, painting the floor, ceiling, doors and window sills, as well as window frames on the inside and radiators.

The tenant must independently replace window and door devices if they are unsuitable, repair electrical wiring and other utility networks. Of course, with the help of specialists. Redevelopment of residential premises without obtaining appropriate approval from the landlord is prohibited. However, do not confuse the current repair of a room/apartment with common property. In the second case, it must be paid by the owner, that is, the state.

The state is also obliged to carry out major repairs of a municipal apartment. The tenant may request that the municipality carry out major repairs to the apartment, and the municipality is obliged to carry it out. If the tenant is refused to carry out major repairs of housing, he should conduct an examination of the technical condition of the residential premises from independent specialists, and in court demand that major repairs be carried out. If the tenant had to independently carry out major repairs to his home, he has the right to recover reimbursement of expenses. And finally, you are also not required to pay contributions for major repairs of the apartment building in which your municipal housing is located. The municipality must deal with the receipts.

Article 676. Obligations of the landlord of residential premises

1. The landlord is obliged to hand over to the tenant vacant residential premises in a condition suitable for habitation.

2. The lessor is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for providing utilities located in the residential premises.

Commentary to Art. 676 Civil Code of the Russian Federation

1. Formulating the obligations of the landlord, the commented article, on the one hand, introduces rules that apply to any residential premises rented out under a rental agreement, and, on the other hand, highlights the regulation of rentals, where the object is apartments or isolated rooms in apartment buildings. The general rules include: firstly, regulation of the obligation to transfer to the tenant free residential premises and, importantly, in a condition suitable for habitation; secondly, the provision that, unless otherwise established by the contract, the landlord’s obligation is to overhaul the rented residential premises (see Article 681 of the Civil Code and the commentary thereto).

2. For landlords of residential premises located in apartment buildings, an obligation is established to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices located in a residential area.

3. The responsibilities of the landlord of a residential premises also include carrying out major repairs, while in a commercial lease agreement the parties can agree on such repairs being carried out by the tenant (see Article 681 of the Civil Code and the commentary thereto). Reconstruction of the house in which the rented residential premises is located, if such re-equipment significantly changes the conditions of use of the residential premises, is not permitted without the consent of the tenant (see Article 681 of the Civil Code and the commentary thereto).

4. We believe that Part 2 of Art. 66 of the Housing Code of the Russian Federation, which relates to a social tenancy agreement, can be used by analogy in relation to commercial tenancy. On the basis of this norm, in the event of failure or improper fulfillment by the landlord of a residential premises under a social tenancy agreement of obligations to timely carry out major repairs of the rented residential premises, common property in an apartment building and devices located in the residential premises and intended for the provision of public services, the tenant, at his choice has the right to demand a reduction in fees for the use of occupied residential premises, common property in an apartment building, or reimbursement of its expenses for eliminating deficiencies in the residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or failure to fulfill the specified obligations of the landlord.

Question in light of the law: if the apartment is not privatized, do I need to pay for major repairs? Who pays for the renovation of municipal apartments?

The law on fees for major repairs was adopted recently and it cannot be said that it has made apartment owners happy.

Some obeyed without pleasure, others decided to wage a obviously doomed fight.

But what about those who are not home owners? Should residents of municipal apartments have to pay for major repairs? Or can they live peacefully and not think about anything?

Question in light of legislation

You won’t be able to think about anything at all—not a single room will be provided free of charge. So, at a minimum, you will have to pay for the apartment and keep the common property in order (Article 678 of the Civil Code of the Russian Federation).

Article 678 of the Civil Code of the Russian Federation

Responsibilities of a residential tenant

— The tenant is obliged to use the residential premises only for living, ensure the safety of the residential premises and maintain it in proper condition.

— The tenant does not have the right to carry out reconstruction and reconstruction of residential premises without the consent of the landlord.

— The tenant is obliged to pay rent for the premises on time. Unless otherwise specified in the contract, the tenant is obliged to make utility payments independently.

Do I have to pay for major repairs if the apartment is not privatized?

According to the current law, whoever owns the home pays for it (Article 158; 169 of the Housing Code of the Russian Federation).

Should tenants pay for major repairs?

If the apartment is not the property of a person, that is, he either rents it or lives under a social tenancy agreement, the payment for major repairs of a municipal apartment falls either on the municipality or on the landlord. If such receipts arrive at the address where a commercial tenant lives, they must be handed over to the owner of the premises.

Moreover, according to current standards, contributions must be paid for everything - both inhabited and non-residential premises of the building included in the overhaul program.

If the apartment is municipal, then who pays for major repairs?

So who pays for major repairs in a municipal apartment? The one who owns it is the municipality. Does the tenant have to pay for major repairs? This does not concern him (Article 154 of the Housing Code). The fee required from residents of state “squares” includes payment for:

- for hiring; — maintenance and repair of the house (we are talking about current repairs); — Housing and communal services (gas, sewerage, hot and cold water, garbage removal. Important: contrary to the established opinion of some not very literate citizens, the category of housing and communal services does not include major repairs! This is a separate item that can only be applied to the owners of the premises. True , the problem is that in practice the difference between current and major repairs may turn out to be purely arbitrary).

Does the tenant have to pay for major repairs?

Should a non-homeowner pay for major repairs? No, you shouldn't. A person living in an apartment for commercial rent is obliged to pay the amount specified in the contract and housing and communal services.

If such receipts arrive, they need to be sent to the owner of the apartment. If you occupy space under a social tenancy agreement, you can simply ignore receipts for major repairs. But it would be better if you contact the Management Company with a request to resolve the misunderstanding.

From this we can conclude: payment for major repairs by non-homeowners does not fall on their shoulders.

Supreme Court on capital repairs of municipal housing

The Supreme Court of the Russian Federation clarified who should pay for major repairs of municipal residential premises.

By virtue of clause 3, part 2, art. 65 of the Housing Code of the Russian Federation, the lessor of residential premises under a social tenancy agreement is obliged to carry out major repairs of residential premises.

In accordance with paragraph 2 of Art. 681 of the Civil Code of the Russian Federation, major repairs of rented residential premises are the responsibility of the lessor, unless otherwise provided by the rental agreement for residential premises.

In accordance with Art. 676 of the Civil Code of the Russian Federation, the landlord is obliged to carry out proper operation of the residential building, ensure the repair of the common property of the apartment building and devices for the provision of utilities located in the residential premises.

According to the social rental agreement for residential premises concluded by a citizen with the administration, the landlord is obliged to carry out major repairs of residential premises. If the landlord fails to fulfill or improperly fulfills his obligations to carry out major repairs of the rented residential premises, the tenant has the right to demand reimbursement of his expenses for eliminating the defects of the residential premises. The tenant, at his choice, has the right to demand a reduction in rent for residential premises or reimbursement of his expenses for eliminating deficiencies in residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or failure to fulfill these obligations by the landlord.

In accordance with Art. 309 and 310 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law. Unilateral refusal to fulfill an obligation and unilateral change of its terms are not allowed.

Accordingly, in the event that citizens independently carry out major repairs of a residential building that is municipal property, citizens have the right to demand that the owner of the residential premises reduce the payment for the residential premises or reimbursement of their expenses for eliminating deficiencies in the residential premises and (or) common property in an apartment building, or compensation losses caused by improper performance or failure to fulfill these obligations by the lessor.

The list of works carried out during major repairs of the housing stock is enshrined in Appendix No. 8 to the Resolution of the State Committee of the Russian Federation for Construction and Housing and Communal Sector of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock.”

Differences between privatized apartments and municipal ones

Who should repair a gas stove, for example, a socket in a municipal apartment? These legislative norms apply not only to privatized, but also to municipal apartments.

But owning a council flat does offer some benefits to tenants. They may not pay for repairs in the house (major, current), or for repairs of common property. According to housing legislation, the state must replace the gas stove in a municipal apartment once every 20 years, and the gas water heater once every 15 years. A cast iron bathtub is replaced every 45 years.

There are few municipal apartments left; most housing has been privatized. And the owners who carried out privatization must understand that on their private territory they themselves carry out repairs and change the equipment themselves.

Read also: What should a council housing tenant pay for?

What rights does municipal housing provide?

iriana88w/Depositphotos

The concept of municipal housing is defined in Article 19 of the Housing Code of the Russian Federation. According to it, all residential premises in the country are divided into three groups: the first includes private housing stock, while this category includes premises that belong to both private and legal entities. The second group includes apartments and rooms owned by the Russian Federation or its constituent entities. Finally, there are premises that belong to municipalities.

What is social housing and who is it for?

How to buy a room from the municipality?

Standards

When common property in a building serviced by the management company is damaged, even if located in an apartment, repairs must be carried out quickly and free of charge. The management company is obliged to do this by contract and by law.

There are even certain deadlines for performing such duties that must be strictly observed. The company may delay the start of repair work, which leads to damage to residents’ property. In this case, you need to seek compensation for losses.

ATTENTION! According to Article 149 of Government Decree No. 354 (2011), residents can demand reimbursement of expenses from the management company if the company has not carried out the required repairs in a timely manner.

What should I do if the Management Company requires additional funds to carry out repairs to common property (indicated in the list)? She should be reminded of the existence of the law “On the Protection of Consumer Rights,” which she violates with her actions. In this situation, the service company can also be held accountable under Article 310 of the Civil Code.

How is the fee calculated?

It won’t work to pay for anything at all; they don’t provide citizens with a single apartment for free. Therefore, you will have to pay for the maintenance and current repairs of common property, as stated in Article 678 of the Civil Code of the Russian Federation.

It says that tenants must use rented municipal housing only for living, while maintaining it in proper condition.

They cannot organize various redevelopments without the consent of the landlord. They are also obliged to pay for the rental of residential premises within the specified time frame.

At the same time, to the question whether the tenant is obliged to pay for major repairs if the apartment is owned, the answer is yes. According to Articles 158 and 169 of the Housing Code, who owns the premises, that is, the tenant, pays for the work. Then the question arises: in the case when the apartment is not privatized, who will pay for major repairs?

Tenants do not make contributions towards capital repairs of public premises, because this is the responsibility of the owners, represented by the municipality or the landlord.

At the same time, you need to pay for premises that are subject to repair - both residential and public, and uninhabited, they are included in the program.

Payment for major repairs

So, who pays for future major repairs if the apartment is municipal? This must be done by the owner of the non-privatized apartment, that is, the municipality.

The tenant is not obliged to do this, since he is not the owner and, according to Article 154 of the Housing Code, does not bear any obligations for such work.

The payment for housing and communal services includes only the following items:

for rent of municipal premises;
for maintenance and ongoing repair work inside the apartment;
for gas, water, garbage removal and other utilities.

Therefore, paying for major repairs in no way falls on the shoulders of employers, although many are sure that it is necessary to pay.

No, only owners of residential premises need to make contributions to the fund for the work being carried out.

But in some cases, the differences between current and major repairs are quite illusory, and not only owners, but also tenants have to pay for such work.

The main responsibilities of the tenant are payment for received utilities on time and maintenance of the premises. However, he does not pay property taxes.

In addition, the tenant is obliged to use the rented premises only for its intended purpose, and he must keep it in good condition. It follows from this that he is obliged to carry out routine repairs on time, to prevent dilapidation and damage to the living space. Similar works include:

painting the ceiling, doors and windows;
wallpapering walls;
painting batteries and pipes.

If the doors and windows become unusable, the tenant is obliged to replace them with new and serviceable ones. Also, if necessary, it is necessary to repair electrical, gas wiring and other communications.

To do this, you need to call professional specialists. Redevelopment work on the premises without the consent of the landlord is prohibited.

If bills are received to pay for major repairs for a tenant, they must be sent to the owner of the premises. When such receipts are received by social rented tenants, there is no need to pay a fee, but it is worth contacting the Management Company, which will sort out such a mistake, because paying for major repairs is the responsibility of only the owners.

Calculation of contributions

Their sizes vary from place to place. The amount is directly dependent on the deterioration of the house and the presence of an elevator system. From this it is clear that in dilapidated Khrushchev and Stalin buildings, major repairs will be more expensive than in Brezhnev panel houses.

All work is carried out only within the established time frame, which depends on many factors:

age of the building;
money collected by the owners;
date of the last capital work carried out.

The payment should not be less than that established by municipal authorities, but it may be more when it is decided by the homeowners. Such a fee is calculated simply - square meters are multiplied by the price per 1 square meter.

Funds are transferred in two ways:

To the account of a separate residential building opened for this purpose.
To the account of the regional operator.

In the first case, the movement of funds can be tracked, but this is also a great personal responsibility that the homeowners bear. That is, choosing a financial organization, appointing an account owner, calculating planned work, etc. In this case, it is necessary to report to regulatory authorities every three months.

But in any case, residents of a state apartment are not required to pay for major repairs in a municipal apartment if it is not privatized. If you receive receipts with the corresponding column, then you should go to the Management Company and resolve such a misunderstanding regarding payments. You can also simply ignore and not pay - this will not violate the current legislation.

Under the appropriate agreement, those in need are provided with residential premises from the state or municipal fund for use.

The tenant is obliged to pay rent and utility bills on time, use the housing for its intended purpose and keep it in order.

Payment of the contribution for major repairs in relation to municipal residential premises occurs on the basis of an issued payment document - a receipt.

The paper is drawn up by the regional operator on the basis that the municipality is the owner of the housing and is obliged, like all other managers, to pay for the maintenance of the housing. The receipt indicates the amount of payment taking into account the area of the home.

Payment is borne by the owner of the premises, that is, the government agency that is the full owner of this territory.

Therefore, the introduction of a mandatory contribution for capital repairs in the established minimum amount should not lead to a deterioration in the financial situation of owners - citizens with low incomes who already receive a subsidy to pay for housing and utilities. Due to contributions, the monthly payment of citizens with low incomes will increase, but the size of the subsidy for housing and utilities will accordingly be increased.

The amount indicated in receipts sent to addresses may vary. The amount depends on many nuances, the main of which are the age of the house and the presence or absence of an elevator. It is clear that the renovation of Stalin-era buildings and the construction of elevator structures in them will cost much more than the nine-story buildings built at the end of the previous century.

The work itself will be carried out in a regular order. Where you place in line depends on the following factors:

when the house was put into operation;
how much money has already been collected;
date of last overhaul.

The transferred contribution should not be less than the denomination established by the state (in the Moscow region it is eight rubles and thirty kopecks), but it can be increased by decision of the meeting of apartment owners. The calculation is carried out in rubles according to the principle: the cost per square meter multiplied by the total area of the home.

Money can be transferred in two ways: to a dedicated special account for a specific home, or to the account of a regional operator.

If the owners choose the first option, then on the one hand this is preferable (because the movement of money is completely in their sight), on the other hand, the owners are responsible for literally everything.

And this includes the choice of the bank and the account owner, and the determination of the size and nature of the work, their acceptance, and the preparation of estimates. That is, quite a lot. And you will have to report quarterly. Residents need to decide how contributions will be transferred within two months after the adoption of the regional program. If they do not reach a consensus during this time, the second option will be considered by default, that is, the regional operator.

Should residents of non-privatized apartments have to pay for major repairs? In other words, if you have not privatized the premises, then you do not have to pay for major repairs. If you are renting, inform the landlord about the receipts, and if the tenant is on social rent, contact the management organization.

Where can I file a complaint?

You can first file a complaint with the State Housing Inspectorate. She is obliged to respond and submit papers to the court for further consideration and holding the management company accountable under the law. In such situations, the court imposes a fine on the culprit.

If the State Housing Inspectorate has not responded, the consumer also has the right to refuse contractual obligations towards the Management Company . Refusal to cooperate with the service authority must be documented. This corresponds to the provisions of the RF Housing Code.

Apartment renovation - other difficulties

All sorts of difficult situations can arise in cases related to the replacement of electrical wiring or heating batteries. So, in particular, misunderstandings may arise about whether the replacement of electrical wiring that has become unusable can be considered a redevelopment of the entire electrical supply system of the apartment and, accordingly, whether this work is paid for or not.

Questions also arise related to replacing old central heating radiators with new ones that fully comply with modern standards, but do not interface with heat supply communications that have become unusable.

Thus, as is quite obvious, repairs carried out in a non-privatized apartment are often associated with issues of a direct legal nature. Therefore, before starting this repair, it makes sense to seek advice from professional lawyers who will help you understand the rights and obligations of the parties and tell you exactly how you can avoid significant financial costs.

Poor quality of housing and communal services

The Management Company may regularly shirk its obligations or provide services at a low level. If you cannot completely refuse her services, you can demand a recalculation for poorly performed work. Recalculation is performed during interruptions in water supply, gas supply, and other household resources.

When signing a service agreement with a management company, the document may, in addition to standard services, also indicate additional services. For example, the company promises, for the money transferred monthly by apartment building residents for maintenance, to plant landscaping in the yard and build a sports ground. These works are taken into account when calculating the payment.

But time passes, and the work required (and paid for by the residents) was not completed. What to do in such a situation? You need to make an application for recalculation by contacting the accounting department of the management company. Often this action produces results. The company does not want to lose money and is trying to correct the shortcomings in the near future.

IMPORTANT! In order for recalculation to be carried out, violations of the contract must be documented.

With such evidence, the Criminal Code has no right to refuse to deduct the cost of work that it did not carry out.

Apartment renovation - plumbing problems

As a rule, when carrying out renovations of a non-privatized apartment, the management company (of course, if this is specified in the social tenancy agreement) is obliged to replace the sewer and water supply lines that have become unusable with new ones at its own expense. In this case, the subject will only be required to pay for the services of a specialist in installing and connecting the purchased plumbing equipment.

However, it is quite possible that a situation may arise in which, during the renovation of a municipal apartment, the following must be paid directly by the entity living in the apartment:

Cost of materials,
works to replace sewer and water supply lines.

Such a provision may well be included in a social rental agreement concluded with a specific management company.

Certain difficulties may arise in cases where the subject wants to install a shower stall instead of a bathtub. First of all, this concerns obtaining the necessary approvals , and secondly, of course, by whose efforts the installation and connection work and its direct cost should be carried out.