Contributions for major repairs to pay or not. How not to pay for major repairs legally
A huge problem for the modern population has become overhaul apartment buildings... Should I pay or not? This is the question that worries many citizens. What do lawyers think about this? How should the population act? All this will be discussed further. In fact, the questions related to capital repairs do not have a definite answer that will satisfy the population. Therefore, we have to consider the situation from different angles.
Innovation in Russia
Should I pay for the overhaul of an apartment building? This question is of interest to all people living in Russia, in particular, in apartment buildings.
Real estate overhaul is a mandatory process. It helps to restore and maintain buildings and structures in a normal, usable condition. We can say that capital repairs of this or that housing are carried out with the proceeds.
In Russia, the overhaul fee is considered a kind of innovation. It only appeared a few years ago. And so people don't know whether to pay for it. Someone immediately pays for received receipts, some refuse to deposit funds. Who is right? What can lawyers say about this?
Who pays
It is difficult to get a clear answer from them. Sooner or later, the question arises that it is necessary to carry out a major overhaul of apartment buildings. Who Should Pay?
In this area, lawyers accurately determine the payers of the studied contributions. To correctly answer the question posed, you need to refer to the Housing Code of the Russian Federation. It clearly states who the payer is.
In accordance with the established rules, all owners of premises (residential or not) will pay. In other words, property owners. It would seem that everything is simple. Only in practice this is not the case. What problems and questions does the overhaul of apartment buildings bring? Should I pay for it or not? What is the threat of non-payment of invoices? Is there really anything to fear? Lawyers have a huge number of opinions on these issues. But it is very problematic to find a definite answer.
Payer categories
Who, in practice, transfers certain sums for house renovation? It's a normal question. After all, it often happens that an apartment has several owners. How then to transfer funds? And is it worth doing?
To date, lawyers and legislation note the following categories of payers:
- apartment owners (everything in general);
- owners of non-residential real estate (if it is located in an apartment building);
- tenants (pay bills).
Accordingly, there is nothing difficult in the process. All citizens pay for certain received receipts on their own. Contributions for overhaul come in the form of a separate payment, but together with the rest of the payments for housing and communal services.
Retirees
Many are interested in how pensioners should act in this or that case. It's no secret that the retirement age is the basis for receiving many benefits in Russia. What about a major overhaul for retirees?
Some believe that seniors are required to pay bills. And this is despite the fact that this category of the population has benefits for utilities. Do pensioners really need to pay for capital repairs of apartment buildings?
Lawyers say that citizens of retirement age are not exempt from this payment. Instead, they are entitled to compensation in one size or another. Accordingly, pensioners pay for the overhaul, but the same money is returned to them. In practice, there is no complete exemption from the invoiced payment.
Citizens of 70-80 years old still transfer funds on received payments. Until the age of 80, the population receives a refund of half of the money paid, after the specified age - 100% of the amount paid for the overhaul. These are the rules that have been established in Russia today.
Who doesn't pay 100%?
All of the above information is just the beginning. What else has the major overhaul of apartment buildings prepared? To pay or not to the population of the Russian Federation on the receipts issued to them?
According to the established rules, it became clear who exactly should give money for the upcoming overhaul. Are there any categories of the population that are 100% exempt from this payment?
Yes. Lawyers point out that not everyone is required to pay the receipts they received. Indeed, according to the law, property owners take responsibility for the repair and maintenance of property.
Accordingly, you can not pay:
- citizens living in an apartment under a social tenancy agreement;
- people who use an apartment without ownership rights (for example, registered in housing);
- those who have hired or rented the premises of the MKD.
Special cases
What other features do you need to pay attention to? There are a number of cases in which even property owners can be legally exempted from contributions. When does this chance take place?
What does the overhaul of apartment buildings involve? Do I need to pay for payment orders that are sent by the relevant fund? Yes, but not always. If the house is not participating in the major renovation program. These are special cases. They do not occur very often.
When exactly? If:
- the property is recognized as hazardous;
- is new and put into operation less than 5 years ago;
- the house is not an apartment building;
- land under real estate is seized by the state.
Accordingly, in a new building or dilapidated and dangerous housing, you can not pay for major repairs. This is normal. And not everyone knows about him.
How much pay
An important point is the amount of the payment. How is it calculated? What factors influence the size of the overhaul fee? There are quite a few of them.
How much to pay for a major overhaul of an apartment building? The exact amount is set depending on:
- year of construction of the property;
- presence / absence of an elevator;
- square footage of the apartment;
- the region where the property is located;
- work plan;
- the number of floors in the house.
However, the size of the payment is usually not too large. Only in combination with the rest of the housing and communal services services, it is necessary to pay a fairly large share of the salary to the organizations serving the house every month. And that's why people are not too willing to pay for major repairs.
Where to pay
The next question that interests the tenants is where to pay for the overhaul of an apartment building. Which organization is collecting Money for the upcoming work?
Overhaul fees are carried out according to several schemes. It:
- Transfer of money to the account of an apartment building. A very common option.
- Depositing funds to a regional operator. In practice, it is more common than the first.
Where exactly is this or that money transferred? Now in Russia there are special funds for capital repairs. They are engaged in collecting funds for the process, as well as issuing receipts of the established form.
The origins of the problem
So is it necessary to give money for the overhaul of apartment buildings? Should I pay or not? The opinion of a lawyer who has ever studied this topic usually does not give an unambiguous answer that can satisfy the population.
In general, it is necessary to transfer funds according to the law. But in Russia, issues related to major repairs cause many problems. Why?
The thing is that the population massively refuses to make the appropriate contributions. Some believe that the receipts issued are an easy way to raise additional funds from the public. A kind of deception, covered by a major overhaul.
The main source of disagreement is the actual lack of grounds for collecting money for repairs. Some tenants say they pay their bills, but the houses are still in poor condition. And major repairs are not carried out in them.
Some tenants refuse to pay because they simply do not believe that they will live to see large-scale works in their homes. Someone even says that repairs at the entrance were done only 1 time per recent years 25. And money from tenants still continues to collect.
That is why people think about whether to pay for the overhaul of an apartment building. After all, in fact, residents do not know where their money is spent. Overhauls are rare and funds are collected monthly.
Consequences of non-payment
Despite this, the overhaul fees are obligatory payment... Moreover, this statement was accepted at legal basis... There is even separate law, indicating the need for the maintenance of apartment buildings by the owners.
Overhaul of apartment buildings - is it obligatory to pay or not? Yes, if the citizen does not belong to the preferential categories, which were already mentioned earlier. Failure to pay invoices brings a lot of problems.
What is the threat of overhaul debt? Today it is:
- a ban on leaving the country (with a debt of 10 thousand rubles or more);
- the inability to conclude a transaction involving a particular property;
- confiscation of real estate and property.
In some cases, a citizen may be deprived of certain subsidies and benefits. Therefore, the evasion of payment of funds for major repairs is fraught with negative consequences for all owners.
Real picture
And what is the real situation in the country? The population does not always act within the framework of the established legislation. And overhaul is no exception. In reality, all apartment owners are divided into several categories. The first pays no fees at all. In fact, such people simply accumulate debt. The second one pays impeccably on the invoices. And someone, before depositing this or that money, is interested in what they will be spent on. And only after making sure that the payment is secure, he transfers money to the account of the overhaul fund. Overhaul of apartment buildings - do I have to pay? It is not easy to understand this topic!
Of course, everyone has their own opinion on the issue under study. Both non-payers and payers on issued receipts are right in their own way. On the one hand, you can never wait for a major overhaul of the house. Then no one will return the money to the tenants. The question arises - where will they go? On the other hand, if the overhaul fund does not have the funds to carry out certain works, then the apartment building will not be repaired. There is simply nothing! All this makes people think about whether to pay money or not.
Results and conclusions
So today at legislative level it was decided that tenants are required to deduct certain amounts for the overhaul of apartment buildings. Should I pay or not? Lawyers say that by law, citizens must pay for all receipts that come to them. And for major repairs as well. But this does not mean at all that absolutely all tenants will begin to pay off their accumulated debts. In practice, some, as already mentioned, refuse this payment.
Some offer to pay for major repairs after the completion of certain works. Then, when it becomes clear what the population is paying for. But this initiative did not receive support. Accordingly, so far in Russia the situation with major overhauls is ambiguous. You have to pay, but what exactly is not entirely clear. After all, in fact, a citizen transfers money for a service that is not provided.
It is only clear that you will have to pay for housing repairs without fail. Otherwise, the citizen will face a number of negative consequences.
Payments for major repairs have been levied on residents of apartment buildings in Russia since 2014. Such an obligation is spelled out in the provisions of the Housing Code of the Russian Federation. He decides that it is the tenants who should gradually accumulate funds in the account management organization, and then let them in for repair work.
At the same time, there are many useful tips how to legally avoid unnecessary spending.
What includes overhaul
Do you need on this issue? and our lawyers will contact you shortly.
Reasons for not paying for overhaul receipts
The question of how not to pay for overhaul is of concern to the majority of Russian citizens.
Many refuse to invest the promised increase in the comfort of their stay.
There are several reasons for this:
- First, the timeline for a program focused on the renovation and restoration of apartment buildings does not have a clearly defined time frame. This raises doubts about the targeted spending of funds. For example, most citizens will not be able to say exactly where the payments for overhaul went in 2016.
- Secondly, the premises common use, including attics, stairwells, technical rooms, foyers, do not belong to the residents of the houses (this is most often the property of the municipality). Nevertheless, the funds raised are most often sent to their restoration. At the same time, in the future, the municipality can lease them to commercial organizations and third parties.
- Thirdly, not all tenants need property repaired with their money. For example, it makes no sense for the residents of the lower floors to present money to restore the operation of the elevator.
The latter point is one of the reasons why citizens refuse to contribute to the special funds of apartment buildings.
What is the threat of refusal to pay for overhaul
Many Russian citizens not only do not want, but in fact do not pay for the overhaul of the apartment buildings in which they live. What is the risk of non-compliance with the norms prescribed by law in 2019?
- Initially, the municipality will send to the telephone and mail of the owner of the apartment notifications about the need to pay off the debt associated with the overhaul of the house.
- For each month of delay in contributions to the fund, a penalty will be charged on the amount of debt in the amount of 0.5 to 5% of the payment.
- After six months, the issue can be referred to judiciary.
How to Legally Avoid Paying for Overhaul in 2019
Even taking into account the circumstances discussed above, there is a very real opportunity to refuse to pay for the overhaul of an apartment building and, moreover, on completely legal grounds.
At the same time, refusal to pay for major repairs does not imply zero costs, but it can provide their significant reduction.
- Tenants to help
If the owner of the apartment rents out his housing, then he can shift the obligation to pay for the overhaul to the tenants. The latter currently live in the house, and, therefore, it is they who are interested in providing comfortable living conditions.
- Self-repair
If the tenants of the house do not want to pay money for the services of the repair teams, then they can repair the facade, roof, foundation, communications together on their own. However, in this case, it will not be possible to completely avoid costs, since restoration and restoration work requires special tools and materials.
- Advertising banners
The most popular way to reduce the cost of overhaul to naught is to place advertising banners on the facade of the house. The proceeds from this kind of activity and finance the capital repair fund without affecting family budgets tenants.
The latter option is convenient, but appropriate only in large cities, in houses located in places of high traffic of people.
Other ways of refusing to pay funds for capital repairs are recognized as illegal and may entail administrative punishment in the form of penalties and fines.
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February 16, 2017, 23:16 Mar 3, 2019 13:50
Since 2014, in some regions of our country, apartment owners located in apartment buildings began to receive receipts for payment for major repairs. This caused many questions among the population. Moreover, some of them are still relevant to this day. People don't understand what the rationale is for these costs. The owners of apartments in Moscow have joined the residents of the regions. More and more often we receive a question on the portal - the ratio of the contribution rate to legislative provisions, is it possible to dispute payments and debt on them in court, etc.
In this article, we will try to figure out what are contributions for major repairs: to pay or not and judicial practice in 2019.
If you have any questions, both on the topic of the article and others, please contact the portal specialists for a free consultation.
Legal assistance is provided 24 hours a day.
In order for the reader not to study the housing legislation of Russia, we suggest that you familiarize yourself with the main aspects of paying for capital repairs of apartment buildings:
- Contributions are binding.
- The amount of payment in the overhaul receipt is formed for a specific region in a separate order. For example, in the year 15 the capital's tariffs for mandatory contributions were 15 rubles / m²; for Peter - 2.5 rubles, and for Tyumen region- 20 rubles.
- To calculate how much it is necessary to pay contributions specifically for your home, calculations should be made according to the formula, where the area of housing (m²) must be multiplied by the established size. For example, in the region of residence, the size is set at 25 rubles, total area housing - 45 m², then 25 * 45 = 1125 rubles for a monthly payment for overhaul.
- Payment in the overhaul fund is made by the owners as living quarters, and non-residential, in the event that they are located in an apartment building.
- The funds that the owners transfer every month are intended for the repair work of the property that is in common ownership.
- These paid funds can be credited to the account as regional fund, and to the personal account of the house.
All these nuances will be written in this article.
Who should be paid to the capital repair fund?
According to applicable laws contributions for capital repairs of multi-apartment works are made in two ways:
- The money is transferred to a special personal account at home.
- The money is transferred to the current account of the operator of the region.
Background information: The option of collecting funds is carried out at a meeting of homeowners. But, as a rule, such events are not held, so the second option is selected automatically.
However, the second option (through a regional operator) has less profitable efficiency, since it is the operator who determines the repair queue. That is, the operator is structural subdivision created at the local level to address such issues. In view of this, the apparatus of officials local government in 2019 is obliged:
- Reasonably choose banking institution where the collected funds will be located.
- Establish a period for major repairs for each apartment building in the area that relates to their control.
- Establish a list of planned repairs.
- Take up organizational measures for overhaul, namely: search for contractor organizations, quality control, calculation.
Background information: Note that there are many controlled real estate objects for one operator. Responsible persons must know the state of each object. But practice shows that they do not possess such knowledge. Consequently, it is not a fact that the overhaul of the house is carried out in accordance with the specified period... It is also questionable how the problems will be resolved.
Based on the foregoing, we can conclude that it is better to choose the first option as the best choice of account for transferring funds for the overhaul of residential common property. Please note that such an account can be created within a sixty day period after participating in this program. In all other cases, the funds are automatically transferred to the account of the regional operator.
But when choosing the first option, where funds are transferred to the MKD account, there are also aspects that must be taken into account. So, at a general meeting of owners, it should be determined:
- The amount of the contribution, which should not be less than the tariff set by the state. But, if the tenants wish, then it can be increased.
- Draw up a list of repair services that will be carried out at the expense of contributions.
- The period for the provision of repair services.
- Banking institution in which an account will be opened for storing funds.
- Who will be the owner of the current account is an important point, because the house is not legal. face.
- The contractor who will provide repair services. It is also necessary to draw up a preliminary estimate.
The quality of the work performed is assessed and monitored either by a group of owners or by the house council.
Pay or not pay - that is the question
Even before 2014, the population was paying for utilities, despite their systematic increase. However, the housing and communal services reform in 2019 caused these tariffs to increase by a quarter (according to average statistics). And this happened along with the rising rise in unemployment. It is these factors, plus the unstable economic situation in the country, and in the world, has led to the fact that people began to count every penny. The issues of overhaul fees and high tariffs "came out of the kitchen" to the public. And now they are discussed in the media as one of the most exciting topics for the people.
However, despite the excitement of the masses, applications come to our portal with a request to clarify whether they can collect from the owner if he does not pay to the capital repair fund?
The law on this score gives a clear and definite answer.
Apartment owners located in apartment buildings must make contributions to pay for utility bills. And contributions for major repairs are an integral part of it.
This is indicated in the LCD of Russia in Articles No. 153 of Part 1, No. 154, paragraph 2 of Part 2.
On this basis, non-payers of such contributions may be held liable:
- The accrual of penalties, which is regulated by the Housing Code of Russia, namely, Article No. 155 of Part 14.1.
- Debt collection through the judicial authorities, which is indicated in the Code of Civil Procedure of Russia in Articles No. 122 and No. 131.
- The imposition of a ban on leaving the country if the amount of debt exceeds 10,000 rubles - this is regulated by the Federal Law No. 229 dated 02.09.07.
Certainly not everyone Russian expert approve such penalties. For example, Elena Mogilevskaya says about major overhaul: “It is necessary to use the Civil Code of the Russian Federation, namely, Article No. 702, tk. the conclusion of a contract for overhaul is a voluntary action. And you cannot demand monthly contributions ”. Here Elena means a public contract and if, on the basis of it, the owner pays once according to the receipt, then this means that he agrees with these conditions. And then he will be obliged to pay every month.
But, despite this opinion, the owners do not have the right to be guided by them, i.e. there is no reinforcement in the legislation.
The portal's lawyers provide informed advice
Contributions established at the regional level for capital repairs are obligatory payment, which is paid as well as services for water and electricity. Thus, if the owner refuses to transfer funds, then in subsequent receipts he will find penalties that are justified in the Housing Law, namely in Article 155 of Part 14.1
In order to recover the debt formed in the course of non-payment of contributions for overhaul, the regional operator has the right to submit statement of claim to such an owner. Of course, the claim will not be sent immediately, as a rule, for 1-2 months of delay or due to the underpaid 50 rubles, they will not be sued. But, nevertheless, there will be notifications, and a penalty will also be charged. But if the debt exceeds six months, then it is necessary to prepare for court.
In addition, it must be added that the litigation threatens those who do not pay for utilities. At the moment, the statistics are such that almost a million people do not pay either utilities or capital contributions, and at the same time live in peace. Nevertheless, measures are taken against malicious defaulters, but, so to speak, mass litigation has not yet been noted.
Summarizing the article, it is necessary to summarize and answer the question - to pay or not? The answer is clear - pay. After all, the bank does not ask a person whether he wants to pay on the borrowed loan or not, so in this case.
Of course, you can deliberately refuse to pay contributions. However, the law provides not only fines, but also restrictions on moving abroad and inventory of property, followed by putting it up for auction. Note that first notifications will come, then a preliminary notification of the planned legal proceedings, and then the court will have to pay more than the debt in this case.
Citizens receive receipts for monthly payments, many pay them in the specified amount and do not try to dispute.
What will happen if an apartment building, let's try to figure it out.
After adoption Federal law about overhaul very often there were disputes and misunderstandings in terms of how much the overhaul fee is charged, who is responsible for collecting it and where the funds are sent.
All activities of regional operators (funds) and specially created commissions are regulated by Federal legislation and the current Housing Code.
They also clearly stipulate that to pay for capital repairs related to common property an apartment building is the owner's obligation non-residential premises and apartments located in this building.
Who calculates the overhaul fees and how much
According to the law, either the regional fund (operator), which owns constantly updated databases with the owners of real estate and the area of their premises and apartments, has the right to assess contributions, or a unit specially created by the owners.
Monthly capital contribution calculated on the basis of the area of the premises and the coefficients approved by the subject of the federation. It is different in different regions of the country:
- Moscow and the Moscow region - from 8.3 to 17 rubles / square meter.
- St. Petersburg - from 3.5 rubles / square meter.
- Murmansk - from 3 rubles / square meter.
- Samara - from 5 rubles / square meter.
- Voronezh - from 6.5 rubles / square meter.
Where can the funds raised for capital repairs be spent?
The types of activities for which the funds collected by residents for capital repairs can be spent are directed exclusively to the repair of the common property of residents and owners, and in no case to cosmetic repairs separate premises and apartments.
It includes:
- Insulation, restoration, painting and renovation of the building facade.
- Repair work for the restoration and repair of the foundation.
- Maintaining the integrity of basements and common areas.
- Redecoration of stair flights, up to the replacement of steps and fences.
- Roof and roof restoration, current and major repairs.
- Maintaining the performance of elevators, elevator shafts, timely repair and replacement of elevator equipment.
- Major and current repairs engineering systems and communications of an apartment building.
If the operator of the funds collected for the overhaul is a specially created division of the residents of an apartment building, then the owners of apartments and non-residential premises have the right to independently search for an organization that will carry out all the repair work. Otherwise, the choice remains with the subject of the federation.
The program for carrying out capital repairs is approved annually by local governments and posted on the website for general information.
For whom there are benefits for paying fees for overhaul
- Owners of apartments in dilapidated and dilapidated buildings subject to demolition or resettlement.
- Persons who are tenants of apartments and premises located in apartment buildings owned by the state or municipality.
- Tenants of premises or apartments of an apartment building located on state or municipal land plots.
- Owners of real estate that must be seized into the ownership of the state or municipality.
There are also citizens who can reduce the amount of payment by 30 to 100%:
- Single pensioners, apartment owners who are over 70 and 80 years old.
- Persons with established disabilities of groups 1 and 2, or families raising children with established groups 1 or 2 of disability.
- Disabled people and participants of the Great Patriotic War and other hostilities.
- Liquidators of the man-made disaster at the Chernobyl nuclear power plant and tests in Semipalatinsk.
- Persons working in certain specialties in certain localities, for example, teachers in the Far North.
What will happen if you do not pay for the overhaul of an apartment building
Monthly payments are actually equated to utility bills, so their late payment or non-payment for a long time can have quite serious consequences:
- To begin with, a representative of the regional operator or the commission of an apartment building will be on the balance of the debt and every month remind the defaulter about the existing debt in writing or by phone.
- When the debt reaches over 10,000 rubles, the debtor may be banned from crossing the state border.
- Debt over 10 thousand rubles may entail the initiation of legal proceedings, during which the debtor's property may be seized or it may be withdrawn from the citizen's use and sold for debts.
The court practice of 2017 on whether or not to pay contributions for major repairs suggests that extreme measures of seizure or seizure of debt property are usually not applied, housing remains in the ownership of a citizen.
Judicial practice on the overhaul in the video:
In 2017, reviews on whether to pay for a major overhaul suggest a couple legal ways do not pay monthly:
- To carry out deprivatization - to return previously privatized housing from private property to state property.
- Conduct general meeting tenants, in which more than 50% of the votes will be in favor of carrying out major repairs on their own or independently finding construction teams that will carry out all the work.
According to current laws, people who own residential real estate, which are part of apartment buildings, must pay considerable sums from month to month for the overhaul of the area that is considered common property. In particular, this money should be spent on regular repairs of the facade, roof, entrances. In practice, such work has to wait for years. This encourages many to ignore the overhaul fees. Each new payment in this case comes more than the previous one, since the management companies charge special interest on late payments. They are called "overhaul fees".
Disputes and laws
And to this day, overhaul of the territories that are in the common possession of all the owners of the house, causes a lot of controversy. How legitimate is it to compulsorily collect money from all those who own property in a high-rise building? How correct is it to charge additional amounts from those who are not ready or cannot pay on time for major repairs? And in general: over the past few years, many management companies in our country have accumulated decent millions, sent to the bank and bringing benefits in the form of interest, which each "manager" puts in his pocket without benefit for the tenants who paid the money.
But not paying on time is fraught with danger. A special formula is used to calculate the penalty for overhaul. From month to month, the bills grow and grow until the numbers in them start to scare even those who are used to dealing with debt. In this situation, people are trying to figure out whether the accrual of penalties for the overhaul was correct, whether the court can come to their aid, and also how to reduce the debt without parting with a huge amount of money. Unfortunately, the legislation has not yet been worked out thoroughly enough, so certain difficulties arise regularly.
Contributions: how it works
The law, according to which it is necessary to create a special account for major overhaul of the house, collect the owners' money for it on a monthly basis, and then spend it on major measures to maintain the building in good condition, was adopted back in 2012. It follows from the document that from that moment on, the owners are responsible for maintaining the building and repairing it as needed. By virtue of legislative act entered from the first day of 2014. And immediately from all other bills for housing and communal services, the overhaul stood out in large amounts.
By law, such repairs are carried out according to the following scheme:
- every month the owners pay some amounts that are collected by the fund responsible for this;
- the fund carries out repair work with the money raised.
The organization of work is carried out through a regional tender, during which any organization with suitable capacities and qualifications is willing to participate in the contract.
How do you spend your money?
The company that wins the auction draws up a major overhaul project, as it is approved, it implements all the specified communications work inside the house and on the territory related to this house. Thus, you can put, for example, metering devices for the consumption of resources for the structure. The fund withdraws money from the amount paid by the owners and settles accounts with the contractor.
The overhaul contributions paid by the owners of the territories in the residential building are accumulated in the fund of the name of the region where the building is being built. There are regional funds that work with contractors, organize tenders and create lists of organizations capable of handling the work. They have the right to function only in their region.
How to pay?
The money collected for the overhaul work is paid through the operator of a specific region. The terms of payment are regulated by the normative acts adopted at the territorial unit. Also, the documentation tells how exactly you need to pay. In this case, the money is paid "month by month." This means that in January bills for January will come, in February for February, and so on.
In some regions, the authorities have established that the payment deadline is up to the 10th. next month... This scheme is familiar to everyone, since it has long been accepted to pay by it on other utility bills. As a result, bills received, for example, in January, the owner must pay off no later than February 10th. If this does not happen, a debt for overhaul arises.
Through what to pay and how much?
To pay the money, which will then be used to repair the facade, roof, communications, you first need to get a receipt. It tells you how much money should be given. In a word, the system is similar to the one used to pay for the usual services: water, gas, heat. You can pay both through special cash desks, and through a bank or post office. The easiest option is to use Personal Area online versions of your bank. True, you need to carefully enter the details so that the payment goes to the right place.
How much big figure the owner will see in the receipt, the following factors determine:
- housing area owned;
- regional tariff;
- the presence of debt.
In many regions, the tariff is about five rubles per square meter... The region's FKR can provide accurate information at any time. Experts are obliged to clearly explain to everyone what base rate what factors play a role, how you can pay and how long it will have to be done, as well as the answer to questions about why this money is paid and what will be the benefit to the owner.
When to pay less?
- reduced tariff;
- compensation for part of the paid;
- exemption from payments.
The local municipality is in charge of establishing the categories of residents who are entitled to this. Officials also determine how much concessions will be for certain persons.
And if you don't pay?
If a citizen who owns property in a multi-storey building does not want or cannot pay for major repairs on time, then a fine is issued to him. This issue is regulated by the 155th article of the Housing Code in force on the territory of our country. It follows from it that a person who is overdue in payments must pay off his debt in full, and besides it, he must also pay penalties for overhaul. How high the percentages are, is established by the 14th part of this article. Penalty and interest are different concepts, which in this particular case are often equated to each other, since we are talking about charges applied to a person in debt.
But from the official point of view, there is no penalty for overhaul at all, as well as penalties associated with late payments. The FCR refers to this money as reserves charged to replenish the fund's stocks. That is, this additional money, as well as the contributions required by the law, go to the "common pot" for use in major repairs. This complexity of terminology leads to the fact that many are convinced that penalties for overhaul are illegal and do not need to be paid. In practice, the complexity of the use of official terms excludes the possibility of avoiding the settlement of debts: you will still have to pay, whatever you call it, because additional charges are called "penalties" only among the people and are fully consistent with the law.
How much interest should be paid?
How big can the overhaul penalty be? It depends on a number of factors. Arrears occur when the owner:
- did not pay the full amount of bills;
- paid the amount in full, but not on time;
- Paid nothing on the overhaul bills.
Any of the options implies a violation of the order established by the laws and leads to the collection of additional money. The calculation of the amount of the fine is carried out according to the formula:
P = Ned x StRef: 300
Ned is the amount that the fund did not receive from the owner. StRef is the refinancing rate introduced by the Central Bank of the country. It is possible that the rate has changed over the period for which the calculations are performed. In this case, take the indicator that is valid on the date of the current account statement.
What to do?
If a certain owner received a notice and it follows from the official paper that he violated the procedure for paying contributions for major repairs, which leads to the collection of additional amounts, he can calculate how much he will have to pay. In order not to miss anything, it is recommended to collect as much information as possible and check whether you really violated the law, or whether the paper came by mistake.
It all starts with finding out the standards that are fair for a particular region. So, contact the fund of the region to find out what the terms for payment are. Next, clarify on which specific day you redeemed the received receipts. This information can be found in payment documents: bank statement, receipt or check.
If it is revealed that the payment occurred later than the deadline, you need to calculate how big the difference in time is in days. In this case, the first is not the day when the amount must be paid, but the next one after it. For example, if the region has a payment deadline before the 10th day of the next month, then the first day of delay is the 11th day. The last day is the one when the money was actually sent to the recipient, that is, to the fund or management company.
If the entire amount was paid later than the time, then it is all considered arrears and in the above formula takes the place of the variable "Ned". If part of the amount on the account was sent to the recipient before the desired day, and part - after, then the second amount is used as an arrears, that is, sent with a delay.
The late payment notice contains the date. On the website of the Central Bank, specify at this point how high the refinancing rate was. So, all the information is available, so the numbers can be substituted in the previously indicated formula. The calculation results must be compared with the figure that is in the notification. If there is a discrepancy, it is necessary to contact the regional fund and demand an explanation.
To pay or not to pay?
Overhaul, contributions for it, penalties associated with late payment of amounts are the topic of a huge number of conflicts between individuals and management companies. Obviously, many in search of justice turn to the courts, so in just three years a decent practice has already accumulated.
The main reasons for not paying on receipts:
- The Tax Code does not contain a requirement to pay premiums for major repairs.
- V Tax Code there is no mention of penalties, delays, additional charges associated with non-payment of payments for overhaul.
- The laws of the country do not contain any mention of payment for unfulfilled utilities.
Since management companies and funds collect money for major repairs just like that, but cannot provide either an act of work performed, or an estimate confirming that the repair has been carried out, people who do not want to pay according to receipts refuse to contribute money.
And it's still unclear
Last year, the deputies wrote an appeal to the Constitutional Court of the country, where they demanded a clear explanation of the fact that the fees for capital repairs are justified, legal, everyone is obliged to pay them. In April of the same year, the court confirmed the fact that the collection of funds from the owners was justified. In addition, the supreme authority clarified that the owners are not obliged to give money to special third-party funds, they can accumulate funds themselves and carry out repairs on them when it turned out to be necessary.
Residents of each apartment building are given a certain time period, for which they must decide whether they will raise funds themselves or entrust this to a centralized organization responsible to the municipality. If the fund requires payment of money without first obtaining consent from the population, then you can go to court. The claim must come directly from the owners affected by such illegal practices. By a court decision, residents can start a centralized collection of money among themselves without using the reserves of the regional fund. However, as it became clear from judicial practice 2016-2017, it usually takes at least a year to exit the fund.
And what does it mean?
If we analyze the decision of the Constitutional Court, regulations, legal papers that are now valid in the country, it becomes clear that contributions for major repairs must be paid without fail. This, in turn, means that the collection of amounts in case of delay is an absolutely legal process. If a hard-core defaulter brought the situation to the point that he was addressed to the court on this issue, the owner will be recognized as wrong and will be obliged to pay the entire amount, including interest, as well as pay legal costs.
How to pay less?
Since it is not possible to completely exclude contributions for major repairs, another question arises: how can you save money? There are legal ways to reduce the amounts demanded from people to regional funds. It is about the various benefits in a specific region.
Regional laws determine exactly which categories of citizens can count on indulgences in calculating utility bills, including overhaul. To find out who is entitled to concessions, you need to contact the representatives local fund... As a rule, these categories of citizens are:
- disabled people;
- the poor;
- large;
- raising disabled children;
- single parents;
- victims of industrial accidents.
Who else does not pay the full amount?
In some regions special conditions installed also for:
- teachers;
- military;
- workers involved in agriculture.
If the owner has the right to indulgences, but does not receive any, he needs to contact the specialists of the regional fund. As a rule, you will have to carry a document certifying that the person actually belongs to the beneficiaries.
Special cases
Very often, contributions for major repairs are not round sums, since a lot depends on the area of the dwelling. But in practice, people try to pay money by rounding it up. For example: 376 rubles are credited, but the person pays 380, and does not even think about whether this is correct. How often the townsfolk respond: "Just think, it's not a pity." Does the foundation have the right to borrow such amounts?
The situation is as follows. At a meeting of the tenants of an apartment building, the amount that they will pay monthly to the address is established management company and further regional fund. In the event that such a meeting decided that, given the regional standard of 376 rubles, it is in their house that people will pay 380 rubles, which means that the fund has the right to collect such payments. If this does not happen, then utilities can take exactly as much as is prescribed in the average for the region.
Federal benefits
In 2016, the legislation on contributions for capital repairs has undergone changes regarding the category of beneficiaries. If earlier it was possible to get relief only from the regional authorities, now they are also provided by the federal authorities and apply to all regions. So, special conditions can be counted on:
- people who have a confirmed disability of the first, second group;
- families raising disabled people;
- owners who have stepped over the 80-year mark may not pay anything at all;
- owners aged 70 and over pay only half of the contributions.