How to check your overhaul payments. Personal account for the capital repairs fund of apartment buildings: how to find out? Fundraising and who is considered the owner
Article 169 of the Housing Code of the Russian Federation determined that owners of premises located in an apartment building should regularly pay the overhaul fees to the housing stock. These contributions are intended to enable timely repair of buildings. According to article 156 of the RF Housing Code, the amount of the contribution is determined by local authorities and depends on specific features: the occupied space, the location of the apartment building, the number of floors in it, the presence of additional building structures, etc.
Personal account
In order to monitor the deductions made by the owners, the housing and communal services opens a personal account for each room of all apartment buildings in their jurisdiction. Why do I need an account:
- It allows you to track whether payment has been made by the landlord or not.
- It contains basic information about the premises, which helps determine the size of the contribution.
- On the personal account, the owner can find out the debt for major repairs.
Through drugs, you can find out:
- Surname, name and patronymic of the homeowner.
- The address where the house is located.
- The number of people who are registered in the apartment.
- The square of the room.
- Number of rooms available.
- Floor where the apartment is located.
- Degree of improvement, etc.
Apartment owners must pay for the overhaul of the house, but the amount of the contribution is determined individually
Each personal account is tied to certain bank details, according to which the owner subsequently makes payments. These details and the drug number itself can be found in the payment document (comes with utilities or is provided on a separate sheet). Bank details are kept for housing, and not for the owner, therefore, in case of sale of an apartment, the new owner will pay the old bill.
How to find out the debt for overhaul over the Internet
Each fund has its own official website, through which you can see all the information the user needs. Sites are slightly different from each other, but the principle of operation of each of them is identical. To find out debt remotely online you need to:
- Find the site of the fund where he pays the money. You can use the search engines Yandex and Google.
- Since the data can only be viewed in your account, you must register on the site. To do this, in the upper right corner you need to find the "Registration" button.
- On the page that opens, you need to enter your email address (mobile phone number), think up a password for your personal account (one part of it should consist of letters, the other - from numbers), enter your name and confirm registration.
- Next you need to check your email inbox. There should have arrived a letter confirming registration. For successful completion, you must click on the link provided in the letter. After that, registration will be completed, and the user will be given access to your personal account.
- To see the debt for overhaul to the office you need to attach a personal account. You can find it out on the receipt, which comes monthly to the address of the apartment, or in the capital repair fund itself. Subsequently, when entering your personal account, the user will always be able to view current information about the status of his account.
You can get information about the overhaul debt on the official websites of the funds
The procedure for registering and linking a personal account is absolutely free. At the same time, through the site you can not only see the debt, but also pay it.
How to find out the debt at
Some funds provide an opportunity for residents to find out arrears on the official website by entering only the address. But this method is far from being implemented everywhere. Moreover, the Law on Personal Data prohibits the operator from posting personal information in the public domain.
In this case, you need to find out how you can find out the overhaul debt using your address. It is necessary to personally apply to the overhaul fund, providing employees with not only an address, but also their own passport (necessary to verify identity, the same Law “On Personal Data” prohibits the transfer of personal information to third parties without special permission).
How to know the debt on receipt
Every month, an apartment receipt comes with utility bills. A personal overhaul account will also be indicated there. In addition to the amount of contributions for the reporting month, the receipt will contain information on the amount of current debt (including interest paid for the previous period). Separately, the amount payable for the previous month and the total amount that the debtor is required to pay for previous periods will be indicated.
Responsibility for non-payment
If the owner of the apartment did not consider it necessary to pay for the overhaul, various sanctions can be applied to him. So, article 155 of the Housing Code of the Russian Federation establishes that in case of a large delay in payments, a penalty increases on debt:
- In the amount of 1/300 of the refinancing rate established by the Central Bank of the Russian Federation, starting from the 31st day of delay and ending with the 90th day. That is, a delay of one month is permissible and no penalty is charged for it.
- In the amount of 1/130 of the refinancing rate established by the Central Bank of the Russian Federation, starting from 91 days of delay until the debt is liquidated.
Failure to pay for overhaul may lead to litigation involving bailiffs
In both cases, interest is charged on all available debt. The Housing Code does not provide for the ability to write off or forgive debt, which means it can grow indefinitely. At the same time, in the event of the formation of significant debt, the housing and communal services has the right to recover the funds due to them in court. After the court ruling, the case will be referred to the FSSP. In order to recover funds from the debtor, the bailiff may apply the following measures to him:
- Inventory, seizure and sale of property.
- Blocking bank accounts.
- Write-off of part of the funds from the salary (pension card).
- Imposing a ban on traveling abroad.
- Withdrawal of a driver’s license, etc.
At the same time, the bailiff cannot evict the debtor from his only home, arrest the items necessary to ensure a decent standard of living, and force the debtor to get a job. Therefore, in practice, a significant part of the debts remains outstanding, and utilities will be forced to write them off after the expiration of the limitation period. If the non-payer is conscious and undertakes to pay off all his debts, he may ask to restructure the debt (divide it into several smaller parts) and pay it in stages.
When selling an apartment, unpaid overhaul fees must be transferred from the previous owner to the new one (as defined in Article 158 of the LC RF). In this case, debts can be transferred without the consent of the buyer. To protect himself, he must ask the seller for a certificate of absence of debt.
Certain groups of citizens receive discounts on overhaul payments
Who pays at a discount
Each subject of the Russian Federation has the right to independently determine the categories of citizens who will pay preferential contributions to the capital repair fund. So, in Moscow for a discount of 50% can apply:
- Families with disabled children.
- Non-working pensioners over the age of 70 years.
- Disabled people 1 and 2 groups.
- Blockade and war veterans.
- Former prisoners of concentration camps.
- Family members of the military, employees of the Ministry of Internal Affairs, fire service, security agencies who died in the performance of their duties.
- Persons affected by the Chernobyl disaster and citizens who took part in the aftermath of the accident at the nuclear power plant.
- Persons affected by the accident at the Mayak Production Association in 1957.
All of these citizens can pay only 50% of the amount for their apartment. In order to be able to repair the house where the beneficiaries live, the remaining 50% is paid by the state.
The Housing Code of the Russian Federation also establishes certain cases when the owners of premises may not pay at all for major repairs. For example, article 169 states that residents of emergency homes and homes intended for demolition should not pay for overhaul. But during the resettlement of residents, the privilege cannot be transferred to a new place of residence.
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The apartment building is a rather large structure.
The apartment building needs a certain, professional management, which the residents, unfortunately, cannot provide.
At the stage of delivery of the apartment building from the developer to the tenants, the latter must choose the form of construction management. The most popular in our country is a management company or a partnership of homeowners.
These organizations provide maintenance and management of an apartment building. This means that the powers to implement, as well as to raise funds for overhaul, for its future implementation, belong to their jurisdiction.
These organizations have the full right to dispose of this account for the overhaul of an apartment building. Naturally, all actions with residents' funds should have strict reporting.
A similar account is created, which is called the personal account, only after a meeting of tenants has chosen one or another organization to manage an apartment building. An accumulation cell is created in any credit institution, the choice may be both for the managing organization and for the residents.
Having decided on the bank, the employee of the managing organization creates a funded cell on behalf of the residents. For this, the meeting of the owners gives him a certain document in which the residents express a desire to open an account in the capital repair fund in a particular banking structure.
To use this account for major repairs in the management company, only an authorized person within the management organization may. The disposition of the storage cell is fully accountable to the residents.
Another type of savings cell, which may contain funds for overhaul, is the general account. The general account is not created by the managing organization and not by the residents. Its creation rests on the shoulders of a regional operator. It is to this person that the residents' funds are sent for overhaul, and the regional operator, in turn, leaves them on the general balance of a particular house.
In order for the general account of the house to be created, the owners must apply with the corresponding statement to the office of the regional overhaul operator.
This can be done through the district administration. All the functions of the regional operator, including the distribution and storage of capital repairs, are described in article 180 of the Housing Code of our country.
Who is considered the owner?
Despite the fact that the account for the overhaul is formed by the residents of the apartment building themselves with their contributions, they cannot completely dispose of these funds.
The full right to own, dispose and use the funds in the accumulation cell has the owner of the capital repair account - a representative of the managing organization or a regional operator.
Residents have the right to use this account only if this decision was made at the meeting of the owners and is documented in the relevant protocol.
Can owners organize their own account?
Some owners of premises in an apartment building are not comfortable with a situation in which third parties manage their money. Owners want to refuse the services of these organizations and independently open a funded cell.
The legislation does not prohibit such actions to persons who are residents of an apartment building. In addition, credit institutions themselves urge owners to open accounts in their structure on their own.
Overhaul at the expense of the owners or what is the advantage of an account opened by tenants? Owners can independently control the costs of major repairs, they can also use banking programs and receive annual interest on the initial amount of money, which will be a good addition to the total amount for major repairs.
The downside is the fact that among the owners you still have to choose a trustee, in whose name you can open a funded cell, and who will have access to cash. The remaining tenants, unfortunately, can only receive reports from their neighbor.
Who is collecting the money?
If you are a tenant of an apartment building, then you probably noticed that in the monthly bill for the consumed resources there is a line about the overhaul.
It indicates the amount that is required to be paid in a given month.
Many are interested in the question, who is collecting the money for the overhaul of apartment buildings?
Typically, this action is the responsibility of your management organization. Only she has the right to charge residents a sum that is directly proportional to the size of their property.
Are there any residents who decided to open an account for major repairs on their own, without using the services of a regional operator or a managing organization, then they themselves must monthly calculate the payments for each specific apartment. Of course, in this case, the procedure for collecting funds will be somewhat complicated.
How to find out a personal overhaul bill?
If you have a need to find the number of the storage cell for overhaul, then it is not so difficult to find. The result of the search for the coveted number depends on who exactly registered the account for the overhaul. Consider various situations.
How to find out the overhaul bill? If we are talking about the personal balance that has been registered by the managing organization,then it seems possible to find out the number upon contacting the office of this organization. You are required to provide not only a number, but also strict reporting of the expense of this account.
If your apartment building has a common account opened with a regional operator, finding out the number is also possible. To do this, a tenant, or a group of owners-tenants must write a statement containing a request for a specific storage cell number.
This application is sent electronically or is personally addressed to the local administration.
Already from there, the application gets to the regional operator, who is obliged to notify the residents within two weeks by contact number or e-mail, the specified application.
If tenants arranged to open an account on their own, to a specific person in a credit institution, then in order to find out the number, you need to contact the initiative group of people who put forward this proposal to the meeting. You must provide an account number if in the future they want to receive cash contributions from you for overhaul.
Can the owner change the account number and when is it necessary?
If the owners decided to do without intermediaries and opened an account for a specific person from among the homeowners, then they should unconditionally trust that person.
But sometimes situations arise when trust is lost.
The tenant in whose name the account was opened does not have the best reputation or for any other reason can no longer be the owner of the savings cell.
Such reasons include moving, selling, renting a house, giving up his tenant’s authority.
In this case, the law does not prohibit changing the account number for overhaul. True, this requires the consent of a new person who will become the owner of the storage cell with a new number, instead of the previous one.
In fact, it turns out not the number change, but the reopening of the account for the overhaul of the house with the subsequent transfer of funds to it for major repairs.
Conclusion
The money that you pay monthly on bills for overhaul (you can not help but pay the fee for major repairs of the house under the law) must be in a special account. And you, as the owner of the premises in an apartment building, simply must know all the nuances of their storage. Moreover, you are not entitled to refuse any reporting on this matter.
In this regard, insistently demand information on how the account is formed, and who disposes of it. Then, perhaps, your apartment building will receive a high-quality volume of capital work.
The legislation of the Russian Federation establishes monthly payments for major repairs. They are provided for by the Housing Code of the Russian Federation (Article 169 of the Housing Code of the Russian Federation) and are included in utility costs for housing maintenance.
A special fund has been opened to accumulate the amounts paid by residents. The funds have a targeted focus and are used to improve the condition of worn-out buildings and utilities.
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The owners of apartments to be demolished are exempted from overhaul contributions, the state of which is recognized as emergency by the municipal authorities. Persons living in houses, the land under which it was decided to withdraw for state needs on the basis of the Land Code of the Russian Federation, do not pay for overhaul.
Major repairs include the following types of work:
- restoration of the facade, foundation and structure of the building;
- basement repair;
- restoration and maintenance of the roof in good condition;
- reinstalling elevators or repairing existing ones;
- updating water supply systems, heating, sewage and other communications.
Order of deductions
All owners of premises, including legal entities, must pay for overhaul. The amount of contributions shall be established by art. 156 LCD RF. Only employers do not pay them. The landlord does not have the right to demand payment from them.
Contributions are paid in two ways:
Regardless of the method chosen, payment of overhaul fees is the responsibility of homeowners in houses with several apartments and common areas.
In order to avoid arrears of overhaul repairs, contributions should be paid at the same time as other utilities: monthly no later than the tenth day.
The obligation to pay dues appears with the owners of apartments through 8 months after including their home in a regional overhaul program
If the constructed building is put into operation, the period of the first payment for its overhaul is established by the authorities of the constituent entities of the Russian Federation. It cannot exceed 5 years from the moment the house is included in the region’s overhaul program.
How to find out overhaul debts
Overhaul contributions have been introduced since 2019. Many citizens have not yet figured out how they are charged, where they are going, and how their spending is controlled. Some individuals are not aware of the need for these transfers. For these reasons, people do not make mandatory payments.
To avoid fines, you need to find out your debt. First you need to determine if the house is included in the Overhaul Program. Such information is on the website reformagkh.ru. The relevant section lists regional programs. They contain a list of addresses included in the repair plan for several decades to come.
Similar data are provided on the portal “Regional Overhaul Fund” of the constituent entities of the Russian Federation.
The repair program is established by regional authorities in accordance with the provisions of the RF LC.
It is updated annually and contains the following data:
- list of buildings;
- technical characteristics of houses;
- terms of repair work;
- sequence of events.
Owners of apartments in houses included in the Overhaul Program must monthly receive an invoice from the management company to pay the fee.
The payment amount is set based on the area and features of a particular house. The calculation method was approved by Order of the Ministry of Construction No. 41 / pr of 02/07/2014.
Overhaul fees in some regions of the Russian Federation in 2019:
The average countrywide payment per 1 sq. Km. m. is equal to 6 r, and its value depends on the parameters of the building:
- the presence of an elevator;
- number of floors;
- construction material;
- year of construction;
- other indicators.
Details of the act establishing the payment standard are printed on the back of the receipt or published on the operator’s website of the relevant region.
The invoice can be issued as a separate document or included in the general receipt for the rent.
You can determine the amount of debt as follows:
- apply to the overhaul fund or your management company;
- go to the sites of the above organizations;
- look at the receipt for payment of housing services.
Privileges
The list of federal beneficiaries who have state privileges in paying contributions for overhaul is fixed in the following documents:
- in the Law on Amendments to the LC of the Russian Federation and other regulatory acts No. 271 of December 25, 2012;
- in Art. 17 of the Law on Social Protection of Persons with Disabilities No. 181-FZ of 11.24.1995;
- in Art. 169 of the LC RF, Law No. 399-FZ of 12.29.2015;
- in the Law on Veterans No. 5-FZ of 01/12/1995.
Regional and local authorities are given the right to include certain categories of persons in the list of beneficiaries.
Overhaul benefits:
Benefits are also provided for other socially unprotected segments of the population: large families, Chernobyl victims, people affected by political terror, and some categories of state employees.
The benefit applies to pensioners provided that they do not work, are homeowners. Beneficiaries should not have a debt on rent.
To apply for compensation, you can use the public services portal or visit the social protection authority or the multifunctional center (MFC).
The procedure is as follows:
- Find out if the house is registered in the overhaul program.
- If there is debt, pay all utilities.
- Pay the first installment to the Overhaul Fund.
- Provide a package of documents to an authorized organization (MFC, social security agency);
- within ten days, the paper will be reviewed and a decision will be made on the provision of compensation.
In case of a positive verdict, the amount of payment is reduced by the approved percentage from the date of the decision.
To apply for a discount, you must submit the following documents:
- passport;
- statement;
- income statement;
- receipt for utility bills for the last month;
- overhaul receipt;
- a certificate from the housing department about the absence of debts;
- single housing document;
- personal account;
- certificate of ownership;
- extract from the house book;
- proof of benefits (e.g. disability certificate).
Penny
For untimely payment of overhaul fees from the beginning of 2019, a penalty is charged to the owner.
If the payment is delayed, penalties for each day of delay are calculated (paragraph 14.1 of Article 155 of the LC RF). Their value is 1/300 of the refinancing rate. Today it is equal to 10% .
Example
The owner must pay 500 rubles for the overhaul in September 2019. until October 10th. He overdue the payment and paid the debt on November 17th. Penalties from his debt began to be reckoned with on November 10. For the day of payment, a penalty is also charged.
For 38 days of delay, he received the following sanction:
500 * 1/300 * 10% * 8 \u003d 1.33 p.
If the overhaul debt is not paid within 90 days, then from the 91st day of delay the interest will be calculated from 1/130 of the bank discount rate
Effects
After three months from the date of the debt, the management company has the right to file a lawsuit in court. He will check the amount of the debt and decide on the punishment of the non-payer.
The consequences of the trial will be visits to the owner of the bailiffs. They will come and leave a written notice periodically until the debtor pays.
Through 2 months after the first visit to the non-payer, the bailiffs have the authority to seize his personal property to pay off the debt.
In this regard, the authorities are trying to tighten control over this issue. Thus, non-payers living in apartments under social tenancy agreements may lose their homes. Bad debtors will be cut off water and electricity.
Municipal authorities deal with defaulters in the following ways:
- officially publish lists of non-payers;
- set banners with a call for payment;
- send out notifications with an offer to pay off a debt.
It is planned to add to the sanctions the imposition of a ban on traveling outside Russia, the refusal to provide loans and other tightening measures. Since the beginning of the year, special committees began to work in some regions, the activities of which are aimed at collecting debts for overhaul.