Overhaul contributions to pay or not. How not to pay legally for major repairs
A huge problem for the modern population has become the overhaul of apartment buildings. To pay or not? This is the question that worries many citizens. What do lawyers think about this? How to act on the population? All this will be described later. In fact, issues related to overhaul do not have a clear 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 interests all people living in Russia, in particular, in apartment buildings.
Overhaul of real estate is a mandatory process. It helps to restore and maintain buildings and structures in a normal, usable condition. We can say that the proceeds are used to overhaul a particular housing.
In Russia, the overhaul fee is considered a kind of innovation. She appeared just a few years ago. And so people don’t know whether to pay for it. Someone immediately pays for the 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 major repairs of apartment buildings. Who should pay?
In this area, lawyers accurately identify the payers of the studied contributions. In order to correctly answer the question, it is necessary to refer to the Housing Code of the Russian Federation. It clearly states who the payer is.
In accordance with the established rules, all property owners (residential or not) will pay. In other words, property owners. It would seem that everything is simple. Only in practice is this not so. What problems and questions does the overhaul of apartment buildings bring? To pay or not to pay for it? What is the risk of non-payment of bills? Is there really anything to fear? Lawyers have a huge amount of opinions on these issues. But finding a definite answer is very problematic.
Payer Categories
Who, in practice, transfers certain amounts for the repair of houses? This is a normal question. After all, it often happens that an apartment has several owners. How then to transfer funds? And is it worth it?
To date, lawyers and legislation note the following categories of payers:
- owners of apartments (all in general);
- owners of non-residential real estate (if it is located in an apartment building);
- tenants (pay on bills).
Accordingly, there is nothing difficult in the process. All citizens for those or other received receipts are paid independently. Contributions for overhaul come in the form of a separate payment, but together with the rest of the utility bills.
Senior citizens
Many are interested in how pensioners should act in a particular case. It's no secret that retirement age is the basis for receiving many benefits in Russia. And what about capital repairs for senior citizens?
Some believe that older people are required to pay money on bills. And this is despite the fact that there are benefits to this category of population in public services. Do retirees really need to pay for major repairs of apartment buildings?
Lawyers say citizens of retirement age are not exempt from this payment. Instead, they are compensated in one way or another. Accordingly, pensioners pay for overhaul, but the same money is returned to them. In practice, there is no complete exemption from the payment.
Citizens of 70-80 years old still transfer funds for received payments. Up to 80 years, the population receives a refund of half the money paid, after the specified age - 100% of the amount paid for the overhaul. It is these rules that are established in Russia today.
Who does not pay 100%?
All of the above information is just the beginning. What else has prepared the overhaul of apartment buildings? To pay or not to the population of the Russian Federation on receipts issued by them?
According to the established rules, it became clear who exactly should give the 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 needs 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 contract of employment;
- people who use an apartment without property rights (for example, registered in housing);
- those who hired or rented the premises of MKD.
Special cases
What other features should I look for? There are a number of cases in which even property owners can legally be exempted from contributions. When does such a chance take place?
What involves the overhaul of apartment buildings? Do I have to pay on payments sent by the relevant fund? Yes, but not always. If the house is not involved in the capital repair program. These are special cases. They do not occur so often.
When exactly? If:
- real estate is recognized as emergency;
- is new and commissioned less than 5 years ago;
- the house is not multi-family;
- land under real estate is seized by the state.
Accordingly, in a new building or dilapidated and dangerous housing for major repairs, you can not pay. This is a normal occurrence. And not everyone knows about him.
How much pay
An important point is the amount of payment. How is it calculated? What factors influence the amount of the overhaul fee? There are a lot of them.
How much to pay for the overhaul of an apartment building? The exact amount is determined depending on:
- year of construction of real estate;
- presence / absence of an elevator;
- footage of the apartment;
- region where the property is located;
- work plan;
- number of floors in the house.
However, the size of the payment is usually not too large. Only in combination with other housing and communal services does one have to give a rather large share of the salary every month to organizations servicing the house. And so people are not too willing to pay for major repairs.
Where to pay
The next question that interests residents is where to pay for the overhaul of an apartment building. Which organization collects funds for upcoming work?
Overhaul fees are carried out according to several schemes. It:
- Transferring money to the account of an apartment building. A very common option.
- Cash deposit to a regional operator. In practice, it is more common than the first.
Where exactly does this or that money transfer? Now in Russia there are special funds for overhaul. They are involved in fundraising for the process, as well as issuing receipts of a standard form.
The origins of the problem
So is it necessary to give money for the overhaul of apartment buildings? To pay or not? The opinion of a lawyer who has ever studied this topic usually does not give a definite answer that can satisfy the population.
In general, the transfer of funds under the law is necessary. But in Russia, issues related to overhaul cause a lot of problems. Why?
The thing is that the population massively refuses to make the corresponding contributions. Some believe that the bills issued are an easy way to raise additional funds from the public. A peculiar deception, covered by a major overhaul.
The main source of disagreement is the fact that there is no reason to raise money for repairs. Some residents say they pay the bills, but the houses are still not in the best condition. And major repairs are not carried out in them.
Some residents refuse to pay, because they simply do not believe that they will survive until the time of large-scale work in the houses. Someone even says that repairs to the entrance were made only 1 time in the past 25 years. And they still continue to collect money from residents.
That is why people are thinking whether to pay for the overhaul of an apartment building. After all, in fact, residents do not know where their money is spent. Major repairs are rare, and money is collected monthly.
Consequences of non-payment
Despite this, overhaul fees are a mandatory payment. Moreover, this statement was made legally. There is even a separate law indicating the need for owners of apartment buildings.
Overhaul of apartment buildings - must I pay or not? Yes, if a citizen does not belong to the preferential categories, which have already been mentioned. Non-payment of invoices brings a lot of problems.
What threatens the debt for overhaul? Today it is:
- a ban on leaving the country (with a debt of 10 thousand rubles);
- the inability to conclude a transaction involving a particular property;
- confiscation of real estate and property.
In some cases, a citizen may lose certain subsidies and benefits. Therefore, avoiding the payment of capital repairs is fraught with negative consequences for all owners.
Real picture
And how are things really in the country? Not always the population acts within the framework of the established legislation. And major repairs are no exception. In fact, all apartment owners are divided into several categories. The first does not pay fees at all. In fact, such people simply save up debt. The second one impeccably pays the bills. And someone, before making this or that money, is interested in what they will be spent on. And only after making sure that the payment is secure, it transfers money to the overhaul fund account. Major repairs of apartment buildings - do I have to pay? It’s not so easy to understand this topic!
Of course, everyone has their own opinion on the issue under study. In their own right, both defaulters and payers on bills issued. On the one hand, overhaul of the house can not wait. Then no one will return the money to the residents. 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, the apartment building will not be repaired. Just nothing! All this makes people think about whether to pay money or not.
Summary and Conclusions
So, today at the legislative level it has been decided that residents are required to pay certain amounts for the overhaul of apartment buildings. To pay or not? Lawyers say that by law, citizens must pay all receipts that they receive. 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 overhaul after carrying out certain works. Then, when it will be clear what the population pays for. But this initiative did not receive support. Accordingly, so far in Russia the situation with capital repairs is ambiguous. It is necessary to pay, but for what specifically - it 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 the repair of housing without fail. Otherwise, the citizen will face a number of negative consequences.
Overhaul fees 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 must gradually accumulate funds in the account of the managing organization, and then let them in for repair work.
At the same time, there are many useful tips on how to legally avoid unnecessary expenses.
What includes overhaul
Do you need on this issue? and our lawyers will contact you shortly.
Reasons for not paying overhaul receipts
The question of how not to pay for overhaul worries most Russian citizens.
Many refuse to invest the promised increase in the comfort of their living.
There are several reasons for this:
- Firstly, the terms of the program focused on updating and restoration of apartment buildings do not have clearly defined validity periods. 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 common areas, including attics, flights of stairs, technical rooms, the lobby, 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 used for their restoration. Moreover, in the future, the municipality may 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 lower floors to present money for the restoration of the elevator.
The last moment is one of the reasons why citizens refuse to deposit funds in special funds of apartment buildings.
What threatens the refusal to pay for overhaul
Many Russian citizens not only do not want to, but actually 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 notifications of the need to pay off the debt associated with the overhaul of the house to the telephone and mail of the apartment owner.
- For each month of delay in contributions to the fund, a fine will be charged in the amount of debt in the amount of 0.5 to 5% of the payment.
- After six months, the issue may be referred to the judiciary.
How to legally avoid overhaul payments 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, the refusal to pay for overhaul does not imply zero costs, however, it can ensure their substantial reduction.
- Tenants to help
If the owner of the apartment leases his housing, then he can shift the obligation to pay a major overhaul to tenants. The latter currently live in the house, and, therefore, it is they who are interested in providing comfortable living conditions.
- Do it yourself repair
If the residents of the house do not want to pay money for the services to repair crews, then they can carry out the repair of 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 overhaul costs is to put advertising banners on the facade of the house. Revenues from this type of activity also fund the capital repair fund without affecting the household budgets of the residents.
The latter option is convenient, but appropriate only in large cities, in houses located in places of high traffic.
Other ways of refusing to pay funds for major repairs are considered illegal and may result in administrative penalties 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 areas of our country, apartment owners located in apartment buildings began to receive receipts for payment of major repairs. This caused a lot of questions among the population. Moreover, some of them are relevant to this day. People do not understand the rationale for such costs. The owners of Moscow apartments also joined the residents of the regions. Increasingly, the question comes to our portal - the ratio of the contribution rate to the legislative provisions, whether it is possible to dispute payments and debt on them through the court, etc.
In this article, we will try to figure out what the contributions to overhaul are: to pay or not and judicial practice in 2019.
If you have questions, both on the topic of the article and on others, please contact the portal for free advice.
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 the overhaul of apartment buildings:
- Contributions are mandatory.
- The amount of payment in the overhaul receipt is generated for a particular region in a separate order. For example, in the year 15, the capital's tariffs for assessed contributions were 15 rub / m²; 2.5 rubles for Peter, and 20 rubles for the Tyumen region.
- In order 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 \u200b\u200bhousing (m²) must be multiplied by the established size. For example, in the region of residence, the size is 25 rubles, the total area of \u200b\u200bhousing is 45 m², then 25 * 45 \u003d 1125 rubles for a monthly overhaul payment.
- Payment in the overhaul fund is made by the owners of both the residential premises and non-residential, if they are located in an apartment building.
- The funds that the owners transfer each month are intended for repair work of the property that is in common ownership.
- The data paid may be credited to the account of both the regional fund and the personal account of the house.
All of these nuances will be written in this article.
Who should pay to the capital repair fund?
According to current laws, contributions for capital repairs of multi-unit works are carried out in two ways:
- Money is transferred to a special personal account at home.
- Money is transferred to the account of the operator of the region.
Background: The option of collecting funds is carried out at a meeting of homeowners. But, as a rule, such events are not carried out, so the second option is automatically selected.
However, the second option (through a regional operator) is less profitable, because it is the operator who determines the turn of the repair. That is, the operator is a structural unit created at the local level to address such issues. In view of this, the apparatus of local government officials in 2019 is obliged:
- It is reasonable to choose a banking institution where the collected funds will be located.
- Set the period for major repairs for each apartment building in the territory that relates to their control.
- Establish a list of planned repairs.
- Engage in organizational measures for overhaul, namely: the search for contracting organizations, quality control, calculation.
Background: We note that there are many controlled properties for one operator. Responsible persons are required to know the status of each object. But practice shows that they do not possess such knowledge. Therefore, it is not a fact that the overhaul of the house is carried out in accordance with the specified period. Also the question remains how the problems will be eliminated.
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 house property. Please note that you can create such an account in a sixty-day period after taking part in this program. In all other cases, funds are automatically credited to the regional operator.
But when choosing the first option, where the funds are transferred to the MKD account, there are also aspects that must be taken into account. So, at a general meeting of owners, you should determine:
- The amount of the contribution, which should not be less than the tariff established by the state. But, if tenants wish, then it can be increased.
- Make a list of repair services that will be carried out at the expense of contributions.
- The period of the provision of repair services.
- Banking institution in which an account will be opened for the storage of funds.
- Who will be the owner of the current account is an important point, because the house is not jur. face.
- Contractor who will provide repair services. It is also necessary to make a preliminary estimate.
The quality of the work performed is assessed and monitored either by a group of owners or by a house council.
To pay or not to pay - that’s the question
Even before 2014, the population paid for utilities, despite their systematic increase. However, the reform of the housing and communal services in 2019 led to an increase in these tariffs by a quarter (according to average statistics). And this happened in conjunction with rising unemployment. It is these factors, plus the unstable economic situation in the country, and in the world, that led people to count every penny. Issues of overhaul fees and high tariffs “left 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 unrest of the masses, applications are coming to our portal with a request to clarify whether they can recover from the owner if he does not pay the capital repair fund?
The law in this regard gives a clear and definite answer.
Owners of apartments located in apartment buildings must make mandatory contributions to pay for utility bills. And overhaul contributions are an integral part of it.
This is indicated in the LCD of Russia in articles No. 153 of Part 1, No. 154, Clause 2 of Part 2.
Based on this, non-payers of such contributions may be held liable:
- Accrual of interest, which is regulated by the Housing and Utilities Commission of Russia, namely, Article No. 155 of Part 14.1.
- Debt collection through the judiciary, as indicated in the Code of Civil Procedure of Russia in articles No. 122 and No. 131.
- Imposing a ban on leaving the country if the amount of the debt exceeds 10,000 rubles is regulated by Federal Law No. 229 of 02.09.07.
Of course, not every Russian expert will approve such penalties. For example, Elena Mogilevskaya on overhaul says: “It is necessary to use the Civil Code of the Russian Federation, namely, article No. 702, because the conclusion of a contract for capital repairs is a voluntary action. And you cannot claim contributions on a monthly basis. ” Here Elena implies a public contract and if, on the basis of it, the owner pays once upon receipt, this means that he agrees to these conditions. And then it will be required 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.
Lawyers of the portal give reasonable advice
Contributions, establishment at the regional level, for overhaul - this is a mandatory payment, which is paid as well as water and light services. 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 No. 155 of part 14.1
In order to recover the debt resulting from the failure to pay contributions for major repairs, the regional operator has the right to file a claim against such an owner. Of course, the claim will not be sent immediately, as a rule, for 1-2 months of delay or due to 50 rubles underpaid, they will not be sued. But, nevertheless, there will be notifications, and interest will also be charged. But, if the debt exceeds six months, then it is necessary to prepare for trial.
To everything else, it must be added that the trial threatens those who do not pay for utility bills. 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 being applied to malicious defaulters, but so far, no mass litigation has been noted.
Summarizing the article, it is necessary to summarize and answer the question - pay or not? The answer is unequivocal - to pay. After all, the bank does not ask the person whether he wants to pay on the loan taken or not, and in this case.
Of course, you can consciously refuse to pay dues. However, the law provides not only fines, but also a restriction on moving abroad and an inventory of property with its subsequent auctioning. Note that notifications will come first, then a preliminary notification of the planned legal proceedings, and then the court, in this case, will have to pay more than the debt.
The receipts for citizens receive monthly, many pay them in the specified amount and do not try to challenge.
What will happen if the apartment building, try to figure it out.
After the adoption of the Federal law on capital repairs, disputes and misunderstandings very often arose in terms of how much the overhaul fee is charged, who is responsible for its collection and where the funds go.
All activities of regional operators (funds) and specially created commissions are governed by federal law and the current Housing Code.
They also clearly stipulate that it is the duty of the owner of non-residential premises and apartments located in this house to pay for capital repairs related to the common property of an apartment building.
Who and how much accrues overhaul fees
According to the legislation, the right to charge contributions has either a regional fund (operator) that owns constantly updated databases with property owners and the area of \u200b\u200btheir premises and apartments, or a unit specially created by the owners.
The monthly capital contribution is calculated based on the area of \u200b\u200bthe premises and ratios approved by the subject of the federation. In different regions of the country it is different:
- Moscow and 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 major repairs be spent
The types of activities for which funds collected by residents for repairs of a capital nature may be spent are directed exclusively to repairing the common property of residents and owners, and in no case to redecorating individual rooms and apartments.
It includes:
- Work on insulation, restoration, painting and updating the facade of the building.
- Repair work on the restoration and repair of the foundation.
- Maintaining the integrity of basements and common areas.
- Renovation of flights of stairs, up to the replacement of steps and railings.
- Roof and roof restoration, current and overhaul.
- Maintenance of elevators, elevator shafts, timely repair and replacement of elevator equipment.
- Overhaul and maintenance of engineering systems and communications of an apartment building.
If the operator of the funds raised for overhaul is a specially created unit of tenants 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 repairs. Otherwise, the choice remains with the subject of the federation.
The capital repair program is approved annually by local authorities and posted on the website for general reference.
Who are the benefits for overhaul fees?
- Owners of apartments in dilapidated and dilapidated houses 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, which should be taken into the ownership of the state or municipality.
There are citizens who can reduce the size of the payment by an amount from 30 to 100%:
- Single pensioners, owners of apartments that are older than 70 and 80 years.
- Persons with established disabilities of groups 1 and 2 or families raising children with an established 1 or 2 group of disabilities.
- Disabled people and participants in the Great Patriotic War and other military operations.
- Liquidators of a 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 equal to utility bills, therefore, their late payment or non-payment for a long time can have quite serious consequences:
- To begin with, a representative of a regional operator or an apartment building commission will pay the remaining debt every month and remind the non-payer of the existing debt in writing or by phone.
- Upon reaching a debt of more than 10,000 rubles, the debtor may be banned from crossing the state border.
- A debt of more than 10 thousand rubles may entail the initiation of a trial, during which the debtor's property may be seized or it may be withdrawn from the citizen's use and sold for debts.
Judicial practice of 2017 regarding whether or not to pay capital repair fees suggests that extreme measures to seize or seize debt property are usually not applied, housing remains in the ownership of the citizen.
Judicial practice regarding overhaul in a video:
In 2017, reviews of whether it’s worth paying for a major overhaul offer a couple of legal ways not to make a monthly payment:
- To carry out deprivatization - to return housing, previously privatized, from private property to state.
- Conduct a general meeting of residents, at which more than 50% of the vote will be for an overhaul on their own or to independently find construction crews that will carry out all the work.
According to current laws, people who own residential real estate, which is part of multi-apartment buildings, must pay considerable amounts from month to month for major repairs of the area that is considered to be common property. In particular, this money should be used to regularly repair the facade, roof, and porches. In practice, such work has to wait for years. This encourages many to ignore overhaul contributions. Each new payment in this case comes more than the previous one, since management companies charge special interest on late payments. They are called "penalties for overhaul."
Disputes and laws
To this day, the overhaul of the territories that are in the common possession of all the owners of the house causes a lot of disagreement. How legitimate is it mandatory to collect money from all those who own property in a high-rise building? How correct is it - to levy 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 profit in the form of interest that each “manager” puts in her pocket without benefit for the residents who paid the money.
But not paying on time is fraught. A special formula is used to calculate the penalty for overhaul. From month to month, accounts grow and grow until the numbers in them begin to scare even those who are used to dealing with debts. In this situation, people are trying to figure out whether the penalty for capital repairs was correctly calculated, whether a court can help them, and how to reduce debt without parting with a huge amount of money. Unfortunately, the legislation has not yet been thoroughly worked out, so certain difficulties arise regularly.
Contributions: how it works
The law, according to which it is necessary to create a special account for the overhaul of the house, collect owners' money on it monthly, and then spend it on major events to maintain the building in good condition, was adopted back in 2012. From the document it follows that from this moment the owners are responsible for maintaining the structure and repair as necessary. The legislative act entered into force on the first day of 2014. And immediately, from all other accounts for housing and communal services, overhaul stood out in large amounts.
According to the law, such repairs are carried out according to the following scheme:
- every month, owners pay some amount that the fund responsible for this collects;
- the fund carries out repair work on the money raised.
The organization of work is carried out through a regional tender, during which any organizations with suitable capacities and qualifications express a desire to participate in the contract.
How to spend money?
The company that wins the auction draws up a major overhaul project, as it is approved, it implements all the indicated communications work inside the house and in the territory related to this house. Thus, it is possible to supply, for example, metering devices for the expenditure of resources on the building. The fund withdraws money from the amount paid by the owners and settles with the contractor.
Contributions for overhaul paid by the owners of the territories in a 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 that can handle the work. They have the right to function only in their region.
How to pay?
The money collected for the overhaul is paid through the operator of a particular region. Terms of payment are regulated by normative acts adopted at the territorial formation. The documentation also tells you exactly how to pay. At the same time, money is paid “month to month”. This means that in January the accounts for January will come, in February - for February, and so on.
In some regions, authorities have established that the payment deadline is before the 10th day of the next month. This scheme is familiar to everyone, since it has long been customary to pay on other utility bills. As a result, the bills that arrived, for example, in January, must be repaid by the owner no later than February 10th. If this does not happen, a debt arises for overhaul.
What to pay and how much?
To pay the money, which will then be used to repair the facade, roof, communications, you must first receive a receipt. It indicates how much money should be given. In a word, the system is similar to that for which the usual services are paid: water, gas, heat. You can pay both through special cash desks, and through a bank or post office. The easiest option is to use your personal account online version of your bank. True, you need to carefully enter the details so that the payment arrives where it is needed.
The following factors determine how much the owner sees in the receipt, the following factors:
- area of \u200b\u200bhousing owned;
- regional tariff;
- the presence of debt.
In many regions, the tariff is about five rubles per square meter. Accurate information at any time can provide the FCR of the region. Specialists are obliged to clearly explain to everyone what the basic rate is, 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 the owner will benefit from.
And when to pay less?
- reduced rate;
- compensation of part paid;
- exemption from payments.
It is engaged in establishing the categories of residents to whom it is supposed, the local municipality. Officials also determine how great relief will be for individuals.
And if you do not pay?
If a citizen who owns property in a multi-storey building does not want or cannot pay for capital repairs on time, then he will be fined. The 155th article of the Housing Code in force in our country regulates this issue. It follows from it that a person who has delayed payments must pay off his debt in full, and in addition to it, also pay penalties for overhaul. The percentage is established by the 14th part of this article. Penalty and interest are different concepts, which in this particular case are often equated with each other, since we are talking about the charges applied to a person in debt.
But from the official point of view, penalties for overhaul do not exist at all, as well as penalties associated with late payments. FKR call this money reserves taken to replenish stocks of the fund. That is, this extra money, as well as the statutory contributions, goes to the "common boiler" for use in major repairs. Such complexity of terminology leads to the fact that many are convinced that the penalty for overhaul is illegal and they do not need to be paid. In practice, the difficulty of applying official terms precludes the possibility of avoiding debt settlement: you still have to pay, whatever you call it, because additional charges are called “penalties” only in the people and the law fully complies.
How much to pay a fine?
How big can the penalties for overhaul be? It depends on a number of factors. Arrears occur when the owner:
- did not pay the full amount on bills;
- paid the full amount, but not on time;
- paid nothing for the overhaul bills.
Any of the options implies a violation of the order established by laws and leads to the collection of additional money. The calculation of the fine occurs according to the formula:
P \u003d Ned x STR: 300
Ned - this is the amount that the fund received less from the owner. StreF is the refinancing rate introduced by the Central Bank of the country. It is likely that the rate has changed over the period for which the calculations are carried out. In this case, take the indicator valid on the date of issuing the current account.
What to do?
If a certain owner has received a notice and it follows from the official paper that he has 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 if the paper came in by mistake.
It all starts with clarifying the standards that are valid for a particular region. So, contact the fund of the region to find out what are the deadlines for payment. Next, specify on which specific day you received the 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 due date, you need to calculate how large the time difference is in days. Moreover, the first is not the day when the amount should be paid, but the next one. For example, if a payment deadline is set in the region 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 considered the entire arrears and in the above formula takes the place of the variable "Ned". If part of the invoice amount was sent to the recipient before the required day, and part after, then the second amount is used as arrears, that is, sent with a delay.
The late payment notice shows 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 into the formula indicated above. The calculation results must be compared with the figure that is in the notification. If there is a mismatch, you must contact the regional fund and ask for an explanation.
To pay or not to pay?
Overhaul, contributions to it, penalties related to late payment of amounts - the topic of a huge number of conflicts between individuals and management companies. Obviously, many in search of justice turn to the courts, so decent practice has accumulated in just three years.
The main reasons for not paying on receipts:
- The Tax Code does not contain a requirement to pay capital repair fees.
- The Tax Code does not mention penalties, arrears, additional charges related to non-payment of overhaul payments.
- The laws of the country do not contain mention of payment of outstanding public utilities.
Since management companies and funds collect money for major repairs just like that, but they can’t provide either an act of completed work or an estimate confirming that the repair was carried out, people who do not want to pay on receipts refuse to deposit money.
And still unclear
Last year, deputies wrote an appeal to the Constitutional Court of the country, where they demanded a clear explanation of the fact that the overhaul fees are justified, legitimate, everyone is obliged to pay them. In April of the same year, the court approved the fact that the collection of funds from owners was justified. Additionally, 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.
The residents of each apartment building are given a certain time period for which they must decide whether they will raise funds or trust this 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 lawsuit must come directly from owners who have suffered from such illegal practices. By 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 the judicial practice of 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, normative acts, legal papers, which are currently 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 late arrears is an absolutely legal process. If a malicious defaulter has brought the situation to the point that he was appealed to the court on this issue, the owner is recognized as unlawful and will be obliged to pay the full amount, including interest, as well as to pay legal costs.
How to pay less?
Since it is not possible to completely eliminate the overhaul contributions, another question arises: how can one save? Legal ways to reduce the amount required from people to regional funds are known. We are talking about various benefits in force in a particular region.
Regional laws precisely determine which categories of citizens can rely on exemptions when calculating utility bills, including for major repairs. To find out who is entitled to relief, you need to contact the representatives of the local fund. As a rule, these categories of citizens are:
- disabled people;
- the poor;
- large families;
- raising disabled children;
- single parents;
- victims of industrial accidents.
And who else does not pay the full amount?
In some regions, special conditions are also set for:
- educators;
- the military;
- workers involved in agriculture.
If the owner has the right to exemptions, but does not receive those, he needs to contact the specialists of the regional fund. As a rule, you will have to have with you a document proving that the person is actually one of the beneficiaries.
Special occasions
Very often, overhaul contributions are not round amounts, since a lot depends on the area of \u200b\u200bthe home. But in practice, people try to pay money by rounding them. For example: 376 rubles are charged, but a person pays 380, and does not even think about whether this is correct. How often the townsfolk respond: “You think, it’s not a pity.” Does the fund have the right to take such amounts?
The situation is as follows. At a meeting of residents of an apartment building, the amount that they will pay monthly to the management company and then to the regional fund is established. In the case when such a meeting decided that with a regional norm of 376 rubles, people would pay 380 rubles in their house, it means that the fund has the right to charge such payments. If this did not happen, then public utilities can take exactly as much as the average for the region is prescribed.
Federal benefits
In 2016, the legislation on capital repair contributions underwent amendments regarding the category of beneficiaries. If previously it was possible to obtain exemptions only from 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 confirmed disabilities of the first, second group;
- families with disabilities;
- owners who have crossed the 80-year frontier can pay nothing at all;
- owners aged 70 and over pay only half of the amount paid.