Who should be responsible for the maintenance and repair of entrances?
The entrance belongs to public areas. If it is not properly maintained, the room quickly loses its proper appearance.
In addition to regular cleaning, repair work should be carried out in this room from time to time. The clause determining who should make repairs at the entrance of an apartment building is usually written down in the apartment building management agreement.
As a rule, this is the responsibility of:
- management company;
- homeowners association (HOA) boards;
- real estate owners' associations (TSN).
An entrance is a premises that belongs to all apartment owners on the right of common shared ownership. The size of the share depends on the area of the apartment in the general housing stock.
It is also worth mentioning who should repair mailboxes in an apartment building. It is very unpleasant for a tenant when their correspondence, receipts and other materials go missing because the box is damaged or does not close properly.
According to, installing mailboxes is the responsibility of construction companies that are building a house. Their maintenance and repair are carried out by housing maintenance organizations.
Mainly, it depends on the terms of the agreement signed with the residents of the house whether the management company should make repairs in the entrance. Usually, all significant points are written down in the document, so it is advisable to pay special attention to such points before putting your signature on the text of the contract.
Application form for early maintenance repairs
In the event that the management company requires an application to carry out routine repairs, such a document may become one of the main pieces of evidence when considering a case of violation of any obligations between the lender and the borrower.
What must be included in the document?
- in the title of the document its author is indicated with specific details that can be used in the future to clarify the essence of the issue (contacts include a cell phone and e-mail, which must be indicated for mobility of communication with representatives of the management company);
- the addressee to whom the application is sent (with exact indication of the legal name and address);
- the phrase “Application for current repairs”;
- the text of the application itself with a detailed description of the work required;
- date of compilation and signature of the compiler.
The text of the statement itself can be drawn up in simple written form, but it is necessary to indicate all those objects that should be put in order for the purpose of a better arrangement in life.
Sample application for current repairs of the entrance to an apartment building.
Routine repair of entrances is an issue that has been quite clearly worked out in modern legislation on housing legal relations. However, if the maintenance of the house is carried out not by the HOA, but by the management company, it can be quite difficult to get such organizations to carry out specific work, despite the fact that the list of them is clearly defined. In this situation, going to court or changing such an organization will help.
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 stages does it consist of?
Current repairs are characterized by a number of specific stages of entrance repairs that must be followed.
Their list is generally binding and is determined in accordance with the current legislation in the field of housing legal relations, namely in Appendix 2 and Appendix 3 to the Rules and Standards for the Technical Operation of the Property Fund.
This list includes the following actions:
- Visual inspection of the premises in order to determine the necessary actions.
- Drawing up a list of necessary work and preparing estimate documentation with a detailed breakdown of all expense items.
- Concluding a contract and purchasing all necessary tools and materials.
- Directly carrying out work to repair the premises, one of the first of which should be work to eliminate damage to the waterproofing of the entrance roof (despite the fact that these works are included in the list of major repairs, it must also be performed during the current one).
- Evaluation and acceptance of completed work by residents of a specific entrance.
The repair of the premises itself should also consist of separate stages, which will be determined directly by the workers, subject to mandatory agreement with the owners of residential and non-residential premises located in this entrance.
Read more about who should do repairs at the entrance and who pays for it here.
Types of repair work
It is important to understand what is included in the repair of entrances in apartment buildings. According to the general rule, depending on the scale and complexity of the work, it is customary to distinguish between current, that is, cosmetic, and major repairs.
Each of the activities implies a specific list of work that must be completed within a specified time frame.
In addition, residents should know not only about the type of work being carried out and how to finance it, but also how often the management company should make repairs to the entrance.
Major renovation
In accordance with housing legislation, all residents of an apartment building make contributions for its major repairs. Its task is to maintain the house in proper condition, which includes replacing one or more elements of the structure.
The list of repair activities includes the following types of work:
- replacement and installation of communications;
- modernization or replacement of engineering equipment and networks;
- demolition, construction, redevelopment of walls;
- repair of a porch in an apartment building;
- restoration/insulation of the facade, roof and foundation;
- maintenance and replacement of elevators;
- installation/replacement of common house metering devices.
Such work is carried out as needed simultaneously with the renovation of the entire house.
Some standards specify the time frame for replacing certain elements of common household property. Thus, according to the rules, roof modernization is carried out every 10 years, and the elevator must be repaired or replaced 25 years after the start of its operation.
Find out in more detail what a major renovation of apartment buildings is.
Maintenance
Repair of steps in the entrance of an apartment building, its walls, floor and ceiling is included in the current set of measures. It is carried out with the aim of maintaining the premises in proper condition and involves the restoration and replacement of basic structural elements.
Cosmetic work is not as global in nature as capital work, but plays an equally important role in creating comfortable living conditions for residents.
Not everyone knows what is included in the cosmetic renovation of the entrance to an apartment building. These include:
- replacement, painting of doors, locks;
- glazing, washing windows, frames;
- insulation of entrances;
- sealing various holes and cracks;
- painting railings, panels, replacing them and increasing their strength;
- painting, whitewashing of walls and ceilings, elevator slopes;
- replacement of tiles and other coverings installed on the floor.
The State Construction Committee sets deadlines for cosmetic repairs in an apartment building - at least once every three to five years. Since it is not as large-scale as capital work, such work can and should be carried out more often.
It also matters what type of housing the building belongs to, as well as how long it has been in operation.
It is logical that the same deadlines do not apply to newly built houses as to an apartment building, which has been in service for several decades. Therefore, the frequency of cosmetic repairs in old housing stock is somewhat different.
At the same time, the implementation of certain works must fit within the agreed time frame. So, for example, within one day, specialists from the service organization must eliminate:
- formed leaks;
- damage to walls, windows and doorways (in winter);
- elevator breakdown.
It takes 5 days to eliminate a malfunction of the drainage system, and 3 days for damage to windows and doors in the summer.
Current repairs to the entrance in the event of a failure of the sewerage system, heating or water supply must be carried out immediately by emergency services.
Find out more about current repairs of an apartment building.
Carrying out restoration activities in the apartment building
The basis for restoration work is the implementation of inspection activities, as well as the reflection of an assessment of the condition of the MKD from a technical point of view. In addition, employees of the authorized organization determine the degree of deterioration of various communications that are used by residents of the house.
Specific time frames for scheduled inspections are provided:
- in the spring, after the heating season ends;
- in the fall before starting to connect the heating system.
This event is implemented by the commission. It includes employees of the management company and owners of premises in the house. Upon completion of the inspection, an act is formed, which is the basis for the implementation of measures.
List of works
Speaking about what is included in the current repairs, you need to take into account that the full list is reflected in the Methodological Recommendations of the MKD 2-04.2004.
These include:
- work aimed at restoring damaged areas of the apartment building;
- painting walls and ceilings in the entrance;
- restoration of windows and frames;
- strengthening of partitions located between apartments;
- replacement of parts in the heating system;
- ensuring constant operation of ventilation;
- installation of boxes intended for correspondence;
- restoration work of the floor in the entrances;
- replacement of light bulbs and fixtures;
- Troubleshooting the lighting system.
All work must comply with laws.
Repair procedure
Despite the fact that the management company’s obligation to carry out repair work is often specified in the contract, some unscrupulous management companies sometimes try to evade this procedure. In this regard, many residents are interested in how to force the management company to make repairs to the entrance.
Submitting an application
Repairs must be carried out at the initiative of the management company, but if this does not happen, residents have the right to submit an appropriate application. In the document you must express your complaints and attach to it a list of work that needs to be carried out.
There is no strictly established application form. It is drawn up in free form and contains the details of the parties.
Submitting an application is one of the effective ways to get the management company to repair the entrance.
Payment for work
Major and current repairs, which are carried out on the initiative of the management company, are carried out at the expense of funds donated by residents as contributions for the maintenance and repair of residential premises.
If the work is carried out at the request of residents, the latter, in accordance with the law, are required to pay 5% of the cost of all activities.
Let's discuss in more detail at whose expense the repair of the entrance to an apartment building is carried out.
At the expense of the management company
Each owner of square meters in an apartment building pays monthly utility bills. The receipt also includes contributions for the maintenance and repair of common areas. If there is a need for certain work, residents do not have to pay additional money for it.
In general, if the management company works correctly, citizens usually do not worry about making repairs at the entrance at the expense of the management company.
Find out how tariffs for maintaining common property in an apartment building are calculated.
Additional funds
As noted above, if repair work is carried out on the basis of an application drawn up by the residents of the house, then additional funds in the amount of 5% of the amount spent are required to be collected from the apartment owners.
In this case, it will not be possible to force the housing and communal services to make repairs at the entrance solely at their own expense.
State assistance for repairs
In accordance with the norms of housing legislation, a program for the overhaul of apartment buildings is being drawn up in the regions. Each federal subject creates its own capital repair fund for such purposes.
Accumulated funds can be stored:
- on the account of a credit institution;
- on the account of the regional operator.
Find out what the fund for capital repairs of apartment buildings is.
At the expense of the owners
Many are also interested in who should make repairs in the entrance of an apartment building after a fire, flood and other incidents. Such expenses are borne by the owner of the property through whose fault the damage to the public place occurred. This is the only case when all funds are collected from the tenant of an apartment building.
Cost of work
The cost of certain works differs. It is prescribed in the agreement between the apartment owners and the management company.
However, it is worth considering that over time, the cost of repairing the entrances of apartment buildings may change, depending on rising prices. As a rule, such a clause should also be contained in the contract, which once again emphasizes the need to read the document in detail before signing it.
Who is repairing the entrance?
There are several options for how to repair the entrance to an apartment building. Thus, repair work can be carried out by management company employees or contractors.
The same agreement determines how the management company selects the contractor. This often happens by announcing a tender and agreeing with the decision of the general meeting of owners of a residential building.
If the renovation is carried out by the decision of the owners and the residents collect additional personal funds for this, they have the right to independently choose a contractor.
Renovation of apartment building entrances by management companies is not always satisfactory for residents, which is why many people prefer third-party contractors. Both options do not require additional cash investments from apartment owners.
What is current home renovation and how often is it carried out?
Current home repairs are a set of measures taken by responsible organizations within the framework of maintaining the housing stock to maintain its satisfactory condition and eliminate faults that interfere with the comfort and safety of citizens.
Such repairs are carried out in a planned sequence and can be aimed at restoring the serviceability of an entire residential apartment building (MCD) or partially restoring its resources with the replacement or repair of the components of the nomenclature, as defined by regulatory and technical documentation.
It is necessary to distinguish between current and major repairs of apartment buildings. Residents have been paying for the latter under a separate article since 2015.
The amount charged for major repairs of common property is indicated in a separate receipt. Current repairs are included in the receipt for payment of housing and communal services in the form of the column “Maintenance of common property”.
This is stated in Article 154 of the RF Housing Code. The tariff for it is set by local governments, and the order of implementation is taken from two to five years and varies depending on the type of residential buildings, the condition of the materials of the main structures, their wear and tear and environmental conditions.
The basis for determining the need for routine repairs in the housing stock, determining and clarifying its volumes are the results of scheduled inspections of buildings, which are carried out according to schedule before and after the heating season - in the fall and spring.
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.
Legislation in the field of property repairs of an apartment building
The main regulatory act at the moment in this area is the Housing Code of the Russian Federation, which in a codified form contains rules of law regulating, among other things, the issues of carrying out planned current and unscheduled, as well as major repairs of common property, namely entrances.
In addition, regulation of the repair of common property (and entrances to precisely these types of property) is carried out with the help of Gosstroy Decree No. 170 of September 27, 2003, which approves the rules and regulations in accordance with which the technical operation of buildings must be carried out, including , and apartment buildings.
In particular, the issue of timing and frequency of various types of repairs is considered in this Resolution.
Complaint in case of inaction of the management company
First, you should write a complaint to the management company itself. If you cannot resolve the issue peacefully with the Criminal Code, you can file a complaint with the Housing Inspectorate. This body has the right to bring the perpetrators to administrative responsibility.
If this method does not produce results, every citizen always has the right to apply to the court for protection of their rights and legitimate interests.
Find out in more detail where to complain about the management company.
What to do if repairs are not carried out?
If the management does not fulfill its legal obligations to carry out repairs, and ignores all complaints and statements, any tenant has the right to write a complaint against it to the State Housing Inspectorate (regional office), which is the supervisory body of the activities of management organizations.
For failure to perform or improper performance of existing duties, management companies are liable (Resolution of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”).
Specifically, for violation of the rules for maintaining and repairing premises, the management may be held administratively liable under Art. 7.22 of the Code of Administrative Offenses of the Russian Federation in the form of a fine in the amount of 40,000 to 50,000 rubles.
It would be useful to contact the prosecutor's office with an application to check the corruption component of the department's activities, namely where the money goes if it does not go for its intended purpose.
If administrative responsibility does not have the desired impact, and the entrances continue to be in the same condition as before, the management can be obliged to carry out repairs in court.
Repairs initiated by residents
When it is difficult to obtain any action from the management company, residents independently organize the necessary work. You can make repairs on your own and at your own expense. This will significantly save time and bring the desired result. Although, in addition to time and effort, you will have to invest money in this event.
Refund of part of the money
After repairs are completed, residents of the house can initiate a refund of the funds spent. To do this, you need to draw up an act, describing in it the condition of the entrance before the work. Next, a list of required work and materials is generated. Upon completion of the repair, an acceptance certificate is drawn up.
All these documents must be submitted along with the corresponding application to the Criminal Code. If the company voluntarily does not want to return the funds spent, it will have to initiate legal proceedings.
The procedure for carrying out current repairs of the housing stock is determined by methodological recommendations on the organization of work on the current repair of the housing stock, the sources of financing of which are funds from the payment of fees for current repairs by owners, tenants of residential premises and members of developer organizations, approved by order of the Ministry of Housing and Communal Services of the Republic of Belarus dated February 4, 2015 No. 5 (hereinafter referred to as the Order). This Order establishes a unified procedure for planning and organizing work on current repairs.
Planned routine repairs are carried out in accordance with duly developed annual plans for routine repairs of the housing stock, formed taking into account:
technical and aesthetic condition of structural elements and engineering systems (equipment);
frequency of work on current repairs of housing stock.
The need to carry out routine repairs of an entrance (floor, section) is determined in accordance with the unsatisfactory technical and aesthetic condition of structural elements and engineering systems (equipment), which is the non-compliance of the structural elements and engineering systems of a residential building with the requirements for their technical condition established by TKP 45-1.04-208 -2010 (02250) “Buildings and structures. Technical condition and maintenance of building structures and engineering systems and assessment of their suitability for use. Basic requirements" (TKP 45-1.04-208-2010) and TKP 45-1.04-14-2005 (02250) "Technical operation of residential and public buildings and structures. Procedure" (TKP 45-1.04-14-2005) and the presence of defects in the finishing coating of structural elements (chips, potholes, cracks, peeling of paint and facing coatings, plaster layer, the presence of inscriptions and (or) images of a vulgar, defamatory nature, etc. d.) and elements of engineering systems
The scope of repair work is determined in accordance with the defect report. When doing local repairs of individual structural elements, the finishing material and color scheme must be similar to the existing materials and color scheme.
The frequency of current repairs is determined taking into account the minimum duration of effective operation of the structural elements and engineering systems of a residential building, established by TKP 45-1.04-14-2005, from the moment they are put into operation after new construction or the last repair.
When performing routine repairs, the development of design documentation is not required (TKP 45-1.04-206-2010 (02250) “Repair, reconstruction and restoration of residential and public buildings and structures. Basic design requirements”).
Current repairs are carried out on the basis of a defect report indicating the types and volumes of work, local estimates and an agreement for the provision of services for the current repair of a residential building.
Form C-1 “Defective Act” was established by Decree of the Ministry of Architecture and Construction of the Republic of Belarus dated April 29, 2011 No. 14 “On establishing the form of a defective act” (National Register of Legal Acts of the Republic of Belarus, 2011, No. 77, 8/23852) .
Form C-1 is used to justify the decision to carry out routine repairs and serves as the source document for drawing up estimates for construction and installation work for routine repairs.
A standard contract for the provision of services for the current repair of a residential building was approved by Resolution of the Council of Ministers of the Republic of Belarus dated January 27, 2009 No. 99 “On measures to implement the Law of the Republic of Belarus “On the protection of the rights of consumers of housing and communal services” (National Register of Legal Acts of the Republic of Belarus, 2009, No. 31, 5/29208).
Objects subject to routine repairs are included in the annual plan for routine repairs of the housing stock, formed by the organization operating the housing stock and (or) providing housing and communal services, based on the results of planned (general and partial) and unscheduled technical inspections of the housing stock, carried out in accordance with with the requirements of TKP 45-1.04-208-2010.
Based on the results of the autumn inspection of the housing stock, the organization operating the housing stock (HOE) is obliged within a month to:
draw up a defect report indicating the types and volumes of work;
draw up an annual maintenance plan for the next year.
The annual routine maintenance plan is brought to the attention of consumers by February 1 of the current year by posting it on the customer’s website or in another way in a place accessible to consumers.
Planned routine repairs are carried out in accordance with the work deadlines established by the annual plan for routine repairs of the housing stock.
Before carrying out routine repairs, the customer is obliged to:
no later than a month before the start of routine repairs, provide consumers with information:
about the planned timing of repair work;
about the main types of repair work;
on the total estimated cost of repairs and the amount required to reimburse costs per 1 square meter of the total area of residential premises occupied by consumers (for current repairs of an entrance - the total area of residential premises of consumers in whose use the entrance is located);
about the customer’s official, indicating contact numbers, time and place of reception of consumers, to resolve organizational issues for carrying out routine repairs (determining the list and quality of materials used for repairs, choosing a color scheme, choosing an authorized person (persons) from consumers for accepting the work performed and so on.);
on the date, place and time of the general meeting of consumers, the agenda (no later than ten days before the general meeting of consumers).
This information is brought to the attention of consumers by posting on the customer’s website or on a sign, information stands (display) or in another way in a place accessible to consumers;
no later than ten days before the start of repair work, hold a general meeting of consumers, at which:
determine the list and quality of materials used for repairs;
agree on color scheme;
make a decision on the selection of an authorized person (persons) from consumers to accept the work performed;
offer consumers contracts to conclude;
Based on the results of the general meeting of consumers, draw up minutes of the general meeting reflecting all decisions made, as well as indicating the persons who refused to conclude the proposed contracts.
When organizing routine repairs of the entrance:
a general meeting is held with consumers who use the entrance;
contracts are offered for conclusion to consumers who use the entrance.
Acceptance of completed work is carried out by a commission created by the customer with the participation of a consumer representative.
The amount of payment for current repairs is determined based on the actual cost, determined in the act of completion of work, in a share commensurate with the total area of residential premises owned and (or) occupied by consumers.
In accordance with part one of paragraph 5 of Article 29 of the Housing Code of the Republic of Belarus, refusal to conclude an agreement for the provision of basic housing and communal services does not exempt owners of residential and (or) non-residential premises, including owners of blocked and single-apartment residential buildings, tenants and tenants of residential premises , members of the organization of developers, shareholders who have entered into agreements providing for the transfer to them of ownership and use of shared construction projects, from paying fees for the actual basic housing and communal services provided.
Thus, the fee for current repairs is presented to all consumers (in the case of current repairs of an entrance - to consumers who use the entrance), including those who refused to conclude an agreement.