Article 166 of the RF Housing Code. Major repairs of common property in an apartment building

Source: RosKvartal® - Internet service No. 1 for management organizations
Major repairs involve the complete renovation of a building - replacement or restoration of building structures, repair of utility networks and communications. The purpose of a major overhaul is to eliminate wear and tear or reduce the percentage of wear and tear of a building or premises, as well as maintain and restore its serviceability. Major works include large-scale work - replacement of the roof, plaster on the facade of the building, hot and cold water risers, etc. Major repairs of common property are carried out by decision of the general meeting of premises owners. Owners have the right to decide whether replacement of elements of common property is necessary in case of their obsolescence (clauses 21, 23 of the RF PP dated 08/13/2006 No. 491). Information that the house requires major repairs is reflected in the inspection report. In addition, the decision on major repairs can be made by federal executive authorities or state authorities of constituent entities of the Russian Federation - GZHN bodies, which exercise control over the use and safety of the housing stock (clause 22 of the RF PP dated 08/13/2006 No. 491).

List of overhaul measures

According to Part 3 of Art. 15 of the Federal Law of July 21, 2007 No. 185-FZ and Part 1 of Art. 166 of the Housing Code of the Russian Federation, major repairs include the following work:

repair of in-house engineering systems of electrical, heat, gas, water supply, drainage;
repair or replacement of elevator equipment deemed unsuitable for operation, and, if necessary, repair of elevator shafts;
roof repairs;
repair of basements belonging to common property in apartment buildings;
facade repair;
installation of collective (common house) meters for resource consumption and control units (heat energy, hot and cold water, electric energy, gas); repair of the foundation of the apartment building.

This is a list of works and services for the overhaul of public buildings in apartment buildings, financed from the capital repair fund, which is formed on the basis of the minimum amount of contribution for overhauls established by the regulatory legal act of the constituent entity of the Russian Federation.

The list can be supplemented with works (Part 2 of Article 166 of the RF Housing Code):

on façade insulation;
conversion of an unventilated roof to a ventilated one;
on the arrangement of exits to the roof;
on the installation of automated information and measurement systems for accounting for the consumption of utility resources and utilities;
on the installation of common house meters for resource consumption;
other types of services and works.

Article 166 of the RF Housing Code. Major repairs of common property in an apartment building (current edition)

1. Issues related to the overhaul of the common property of apartment buildings are extremely important and long overdue. The main reason that makes it difficult to solve the problems associated with carrying out high-quality capital repairs is its insufficient funding, but one cannot help but point out the shortcomings of the relevant legal regulation.

For a long time, the Housing Code of the Russian Federation, the main legal document regulating housing relations in our country, paid practically no attention to major repairs. The situation has changed due to the adoption of Federal Law No. 271-FZ of December 25, 2012 “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and the Revocation of Certain Provisions of Legislative Acts of the Russian Federation”, according to which the Housing The Code of the Russian Federation was supplemented with Section IX, which was called “Organization of major repairs of common property in apartment buildings.”

It should be noted that the Housing Code of the Russian Federation itself does not have a definition of capital repairs. It is given in sub. 1 tbsp. 2 of the Federal Law of July 21, 2007 N 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services”, according to which major repairs of an apartment building are the carrying out and (or) provision of work and (or) services provided for by this Federal Law to eliminate malfunctions of worn-out structural elements of the common property of the owners of premises in an apartment building (hereinafter referred to as the common property in an apartment building), including their restoration or replacement, in order to improve the operational characteristics of the common property in an apartment building. At the same time, in Part 1 of Art. 166 of the RF Housing Code provides a list of works and services that are included in the concept of major repairs.

2. The list specified in Part 1 of the commented article is formulated as exhaustive, however, in Part 2 of Art. 166 of the Housing Code of the Russian Federation states that the regulatory legal act of a constituent entity of the Russian Federation lists services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by the normative legal act of a constituent entity of the Russian Federation, may be supplemented with services and (or) work on façade insulation, conversion of a non-ventilated roof to a ventilated roof, installation of exits to the roof, installation of automated information-measuring systems for accounting for the consumption of utility resources and utilities, installation of collective (shared) devices for metering the consumption of resources necessary for the provision of public services, and units for managing and regulating the consumption of these resources (heat energy, hot and cold water, electricity, gas) and other types of services and (or) work.

Thus, by Decree of the Moscow Government of December 29, 2014 N 833-PP, this list was supplemented with the following types of work:

replacement of window units located in common areas in an apartment building;

foundation repair;

repair of the in-house smoke removal system and fire automatics, repair of the fire water supply system;

repair or replacement of a garbage chute located in common areas in an apartment building;

repair or replacement of internal drainage;

development and examination of project documentation, including supervision of work on the conservation of cultural heritage sites, identified cultural heritage sites, scientific supervision of the above work in the case of major repairs of common property in apartment buildings in the city of Moscow, which are objects cultural heritage, identified objects of cultural heritage, carrying out construction control, assessing the compliance of elevators with the requirements of the Technical Regulations of the Customs Union “Safety of Elevators” (TR CU 011/2011), approved by the decision of the Commission of the Customs Union of October 18, 2011 N 824 “On the adoption of the Technical Regulations of the Customs Union “Safety of Elevators”.

3. If the owners decide to increase the amount of contributions, exceeding the minimum contribution for major repairs, then any other work on major repairs of the common property of the house can be financed from the excess (Part 3 of Article 166 of the Housing Code of the Russian Federation).

4. In accordance with the provisions of Part 4 of the commented article, financing of services and (or) capital repairs in apartment buildings can be carried out not only from contributions from owners, but also - as measures of state and municipal support - from federal, regional funds and local budgets in the manner and on the terms provided by federal and regional laws, municipal legal acts, respectively, including as part of the implementation of regional capital repair programs. Thus, measures of financial support for the overhaul of apartment buildings at the expense of the federal budget through the Fund for Assistance to the Reform of Housing and Communal Services are provided at the request of government bodies of the constituent entities of the Russian Federation in accordance with Federal Law of July 21, 2007 N 185-FZ “On Fund for Assistance to the Reform of Housing and Communal Services", including in the presence of provisions on the shared participation of constituent entities of the Russian Federation and (or ) municipalities in financing capital repairs (Articles 15, 15.1, 20, 20.1, etc.).

5. Work on major repairs of the common property of apartment buildings is regulated by the general provisions of the contract (Article 702 of the Civil Code). However, in some cases they are also subject to construction contract regulations. So, according to Part 5 of Art. 166 of the RF Housing Code, work on major repairs of common property in an apartment building may include work on the replacement and (or) restoration of load-bearing building structures of an apartment building and (or) utility networks of an apartment building, classified in accordance with the legislation on urban planning activities as reconstruction of capital objects construction. At the same time, the reconstruction of capital construction objects (except for linear objects) means a change in the parameters of a capital construction object, its parts (height, number of floors, area, volume), including superstructure, restructuring, expansion of a capital construction object, as well as replacement and ( or) restoration of load-bearing building structures of a capital construction project, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements (clause 14 of Article 1 of the Town Planning Code of the Russian Federation). Let us recall that the subject of the construction contract is the construction or reconstruction of a building, structure or other object (clause 2 of Article 740 of the Civil Code).

Comment source:

“ARTICLE-BY-ARTICLE COMMENTARY TO THE HOUSING CODE OF THE RUSSIAN FEDERATION”

S.P. Grishaev, 2018

The procedure for carrying out major repairs

State authorities of a constituent entity of the Russian Federation must place in the State Information System of Housing and Communal Services regulations that determine (Part 2 of Article 167 of the Housing Code of the Russian Federation):

the minimum amount of contribution for major repairs of common property in an apartment building;
procedure for monitoring the technical condition of apartment buildings;
the procedure for the activities of the regional operator;
the procedure and conditions for providing state support for major repairs of educational facilities in the multi-unit apartment building;
the procedure for preparing and approving regional programs for capital repairs of medical facilities in MKD;
requirements for these programs;
the procedure for the provision by the owner of a special account and the regional operator of information on the amount of payments credited to the account of the owners of all premises in the apartment building, on the balance of funds and on all transactions on this special account and a list of other information to be provided by these persons;
the procedure for the payment by the owner of a special account or the regional operator of funds from the capital repair fund to the owners of premises, as well as the procedure for using funds from the capital repair fund for the purpose of demolition or reconstruction of apartment buildings;
the procedure for monitoring the targeted expenditure of funds generated from contributions for major repairs and ensuring the safety of these funds;
a procedure is established for informing owners of premises in apartment buildings and organizations managing apartment buildings about the content of the regional program for capital repairs of common property in apartment buildings and criteria for assessing the condition of apartment buildings, on the basis of which the order of major repairs is determined.

Owners of premises in an apartment building at any time have the right to decide to carry out major repairs at the proposal of the person who manages the house, the regional operator, or on their own initiative (Part 2 of Article 189 of the Housing Code of the Russian Federation). The management company or the regional operator, if the capital repair fund is formed on the account of the regional operator, must submit proposals to the owners in the manner established by the regulatory legal act of the constituent entity of the Russian Federation:

about the start date of major repairs,
the necessary list and the scope of services and work and their cost,
on the procedure for carrying out work and sources of financing,
other proposals related to major repairs.

This must be done at least six months before the start of the year during which major repairs must be carried out in accordance with the regional capital repair program, unless a different period is established by the regulatory legal act of the subject of the Russian Federation (Part 3 of Article 189 of the RF Housing Code).

The decision to pay the costs of major repairs must be made at the OSSP. In this case, the proposals of the management on the start date of major repairs, the required amount of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses, etc. should be taken into account (clause 37 of the RF PP dated 08/13/2006 No. 491 “Rules for the maintenance of common property in an apartment building” ). The list of works and services for major repairs of buildings in an apartment building is financed from the capital repair fund, which is formed on the basis of the minimum contribution for major repairs.

Capital Improvement Fund
Special account
Regional operator account

Source: RosKvartal® - Internet service No. 1 for management organizations

Regional operators were required to include representatives of local self-government bodies in the work acceptance commissions

Document: Federal Law No. 391-FZ dated December 2, 2019 amended Articles 182 and 189 of the Housing Code

The overhaul of common property in the apartment building is organized by the regional operator. He also forms a commission for accepting works. According to the new rules, the operator is obliged to include representatives of local self-government bodies in the commission. Previously, the commission included only:

— representatives of executive authorities of the constituent entities of the Russian Federation responsible for the implementation of regional capital repair programs; — persons managing the apartment building; — representatives of owners of premises in MKD.

The old rules for forming commissions created problems. In most regions, it was difficult for representatives of executive authorities to participate in the work of commissions. Overhaul facilities are often located far from each other. At the same time, the staff of the relevant authorities often does not have enough employees who could go to accept work in each apartment building. Amendments to the Housing Code solve this problem. Now, if representatives of the region are unable to take part in the acceptance of major repairs of the house, they will be replaced by representatives of the local self-government body. They, along with other members of the commission, will be able to control the quality of work. Print out our memo for representatives of the local self-government body, whom the operator will include in the commission (see at the end of the article). It will help check the quality of the overhaul.

The concept of overhaul of apartment buildings

By technical definition, a major renovation is a process aimed at improving the condition of the entire structure with internal communication networks. During this class of action, the restoration of individual parts of the common property that need it is carried out.

When performing a major overhaul, some elements included in the list of home equipment are replaced, partially or completely. Or reconstruction activities are taking place aimed at increasing the functionality of building elements to standard indicators.

The need to carry out renovation work on a residential building is regulated at the legislative level. Work can be initiated when the stone house is worn out within 30-70%. For wooden buildings, the wear limit is 65%.

Depending on the scope of the task that is planned to be carried out, there is a certain classification of the project code:

Complex execution, which is carried out on all elements of the MRR.
Partial type, including the restoration of individual elements of the building. Such work is considered to be a partial replacement of pipes of internal networks, the volume of which exceeds the number of actions performed for routine repairs. Performed in the absence of sufficient funds for the production of CR.
Introduction of new technical means aimed at saving natural resources or increasing the level of comfort for residents.

Based on Resolution 271 of the Government of the Russian Federation[1], which came into force in 2012, the costs of major repairs are borne by the homeowners living in the property. Regional authorities monitor compliance with deadlines for the execution of actions.

According to clause 3.8 of MDS81-35.2004:

clause 3.8. Major repairs of buildings and structures include work to restore or replace individual parts of buildings (structures) or entire structures, parts and engineering equipment due to their physical wear and tear with more durable and economical ones that improve their performance.

Major repairs of external utilities and improvement facilities include repairs of water supply, sewerage, heat and gas and electricity networks, landscaping of courtyard areas, repair of paths, driveways and sidewalks, etc.

Preventive (current) repairs consist of systematically and timely work carried out to prevent wear of structures, finishing, engineering equipment, as well as work to eliminate minor damage and malfunctions.

Major and current repairs (concept and differences)

List of works for current repairs of an apartment building