Are overhaul contributions legal? Do I have to pay for the overhaul of apartment buildings
According to the law, residents are obliged to pay monthly repairs. This procedure outrages many, since the state transfers responsibility for the maintenance of houses to the owners of apartments. How to get benefits, many citizens do not know.
Until August 1, 2014, it was possible to choose the method of accumulation and deduction of money. To save money, you should familiarize yourself with some provisions.
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The legislative framework
The timing and quantity, as well as the legality of the collection of funds, are established by Articles 169 of the LC RF and 17 LCD FZ No181. From what time is the recovery fee charged. On January 1, 2014, a provision came into force in the Russian Federation that denotes all the nuances of repair and restoration work in high-rise buildings. . The law on the overhaul of houses was supplemented with clauses providing for punishment for non-payment and interest charges from January 1, 2016.
Overhaul refers to putting in order:
- engineering systems and internal communications;
- facade (insulation and restoration);
- basements and roofs;
- building structure;
- roofs (condition and coating control);
- replacement of metering devices and elevators.
Overhaul contributions enable contractors to provide services in a quality and timely manner and maintain high-rise buildings in good condition.
In addition, the legislative framework defines:
- Mandatory payment of the owners of any property (commercial premises as well).
- Amount of payment (each subject of the federation appoints them independently).
- Contribution calculation formulas (area * size of payment in the region).
- Funds that accept funds and accumulate them (HOA, UK, LCD).
Funds for the overhaul of an apartment building are distributed among all owners of a high-rise building, who can now be calm about the condition of their building. This will undoubtedly affect not only the living conditions, but also the value of the property.
Payment
The fee is charged from January 1, 2014 and there are no time limits for what a monthly payment of a set amount means.
Many people ask where to pay for the overhaul of an apartment building. Fundraising can be carried out simply: they are transferred to a specific personal account or account of a regional operator, which is decided at a general meeting.
If the meeting did not take place, then money is automatically charged to the accounts of a regional operator, which is an extremely disadvantageous situation for payers: the queue order, bank, and the timing of restoration work will be determined by the operator.
Important! Residents whose contributions for capital repairs are accumulated in the accounts of HOA, UK, LCD of a non-regional format can suspend payments by decision of the owners of the house.
After the payment amount is established, each owner will receive a monthly receipt, and the total amount for all is different and depends on:
- age of the building;
- presence / absence of an elevator;
- payer's apartment area;
- region.
The work is carried out in the order of priority, which will be established either by city officials or residents (in the case of an independent Criminal Code). Dates and deadlines are available to any citizen on the websites of the relevant government agencies.
Nuances
Who pays for overhaul: all owners of privatized apartments. State law provides for the exemption of some citizens from payment. In this case, the state makes contributions for them or compensates the necessary amount from the budget.
How not to pay for major repairs and who may not pay for major repairs:
- owners of real estate, which is defined as emergency or intended for demolition;
- owners of real estate located on state land;
- pensioners without a family at the age of 80 years or more.
- citizens with (1-2 group);
- retirees of 70 years or more (single or family);
- children with disabilities and their guardians.
Do I have to pay for overhaul to all other categories. Yes, without fail, and each subject separately determines the minimum amount of payment, on average it will cost the owners 6-7 rubles per square meter. meter of living space.
The owners simply do not have a choice whether to pay or not - for non-payment an administrative penalty is imposed in the form of a fine. In addition, interest is accrued monthly on the amount of debt. How to find out the debt for major repairs.
There are three ways to do this:
- apply to the fund or management company;
- look at the website of your foundation;
- receive a notice along with other forms.
If you do not pay for repairs, you can get not only a serious fine, but also get a lot of problems.
Privileges
Do I have to pay for the overhaul in full. Not necessarily, there are preferential programs that citizens can take advantage of. They depend on the criteria adopted in individual regions and are regulated by laws No. 271-FZ and No. 176-FZ of the LC RF.
The amount of compensation depends on:
- owner status;
- size of utility bills;
- owner income level;
- living space.
You can find out whether or not to pay the fees by contacting your local department of benefits and.
Under what program can the owner receive compensation or benefits on payments, employees of social protection bodies will explain.
A citizen will need to prepare a package of documents:
- documents confirming the basis for benefits;
- personal account;
- receipts;
- documents confirming the ownership of property;
- statement.
Federal laws define compensatory payments in the amount of 50% for:
- participants in the liquidation of the Chernobyl accident;
- veterans of labor, World War II and other military operations.
Unfortunately, today in many regions there are no additional preferential programs, unlike Moscow and the region.
Non-payment penalty
Many property owners ask what will happen to those who do not pay these fees. The answer is quite simple - administrative punishment, but its severity will depend on the total amount of debt. If you do not pay the required amount, then the owner of the apartment falls into those 11% who think that they will get away with it.
When non-payment of such payments within 2 months in a row, the landlord receives a notice about the need to pay off the debt, if not to continue to pay, then the owner will have a lawsuit, which is likely to result in a decision to pay not only the debt, but also a fine along with legal costs.
Important! In addition to fines, property can be arrested and seized from debtors, as well as barred from leaving the country.
The same applies to the preferential category of citizens: in the case of a 2-month debt, their subsidization is suspended, and in the case of ignoring the notices, they are invited to court. The basis for such an outcome of the case is Article 155 (part 14.1) of the LC RF.
New buildings
Do I need to pay for the overhaul to residents of new buildings. Overhaul fees are charged to all property owners, regardless of the age of their home (the exception is emergency buildings).
First you need to decide what is considered a new building. Usually these are buildings that were commissioned after July 1, 2016. All other buildings completed earlier are not considered new. However, there are several nuances that you need to know and consider.
After they sign the deed of delivery, another 5 years the object is under the guarantee of the developer himself, so that if problems arise, he is personally obligated to eliminate them without involving the management company. Assigned overhaul fee is considered illegalif the house is less than five years old, and the management company arbitrarily sends receipts.
If the building is commissioned before July 1, 2016 and there is no guarantee from the developer, tenants must hold a meeting and resolve all issues. Overhaul fees will be charged in any case. They should choose a company that will manage all restoration work, their terms, as well as the bank. If there is a management company and a cash fund, any restoration work can be carried out.
It should also be noted that each region has its own laws that determine the period without deductions for repairs after the completion of a new building. For example, in the Saratov region it is only three years, and in Moscow - five years. You should be attentive to this and carefully study the laws relating to these issues. Overhauls in a new building will be charged in accordance with local law.
Useful video: whether you need to pay for major repairs at home
Overhaul contributions are the responsibility of any citizen who owns real estate in high-rise buildings. Ignoring the rule leads to administrative punishment. You should not spend time searching for ways, how not to pay for overhaul, it is better to follow the law. Who will take care of the overhaul of apartment buildings, if not the tenants themselves.
The unsatisfactory state of the multi-unit housing fund, along with the negative economic situation in the country, forces the government to fully impose monetary obligations on the population for the maintenance of the housing fund.
For apartment owners in this situation, it is important to choose the most favorable economic position that allows you to maintain residential property with minimal costs for the owner, without going beyond the law. Let's see if we are obliged to pay or not for the overhaul of apartment buildings, which requires a separate column in the receipt.
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Contributions and payment procedure
How much to pay for the overhaul of an apartment building?
The minimum rates of monthly contributions for overhaul are regulated by local acts of each entity.
In a particular region, the established tariffs for capital repairs can be differentiated on the basis of the following criteria:
- Municipal territory where the house is built;
- Floors of the building;
- Security with elevator equipment;
- Amount of financing required for the repair of common property;
- Scope of Planned Activities;
- The term of the actual operation of the house.
The calculation of the lower threshold for contributions is based on the principles of:
- Evaluation of the required list of repair work;
- Payment availability for all categories of payers living in a certain territory;
- Sufficiency of funds raised for the implementation of the list of planned works.
The legislation provides that the aggregate of family expenses on utility bills and overhaul contributions should not exceed 10 percent of the budget.
- Local income level;
- Repair rates.
Homeowners at the general meeting have the right to increase the amount of payment established by the region in order to carry out additional measures for capital repairs.
The first payment by the owner of real estate is paid 8 months after the official publication of the list of houses as part of the regional program.
Formation of the payment amount of a particular owner is carried out, taking into account the number of square meters of the area belonging to him.
To find out the size of the monthly payment, the total area, calculated in square meters, should be multiplied by the rate established by the regulatory legal act of the subject.
The size of the total area of \u200b\u200breal estate is indicated in the certificate of state registration of the right to this object. Thus, the owner of an apartment with an area of \u200b\u200b40 m 2 in the region where the rate is set at 10 rubles, once a month must contribute 400 rubles to the overhaul fund.
In Russia, the minimum tariffs vary from 1 to 15 rubles per unit area. The average size is about 6 rubles. Largely the size of tariffs depends on the budget capabilities of specific regions of the country.
Since the RF Housing Federation offers owners two options for the accumulation of contributions - on the account of the Regional Operator and on the account of a particular house, some features arise regarding the procedure for paying contributions.
If finances are accumulated in the regional account, then the owners pay contributions on the basis of receipts issued by the Regional Operator.
In the case of accumulation of funds in their own account, property owners themselves determine the way to provide payers with settlement and payment documents.
Any houses eventually collapse and become worthless. All residents are well aware that over time, the house in which they live needs to be repaired. For such purposes, funds are collected on. But who should pay for it?
Is it obligatory to pay?
« Overhaul of apartment buildings: pay or not?"- this is precisely the issue that plagued the residents of the houses who need overhaul.
Residents of our capital believe that the payment of fees for the overhaul of the premises is not a mandatory action on the part of citizens. In their opinion, this contradicts the Constitution of Russia. With this question they appealed to the district court. They consider unfair distribution of funds. The fact is that funds for major repairs of houses are being collected, and “alien” houses are being repaired with this money, according to the queue.
Citizens fear that until, in a few years, the turn will reach their home, the money raised for repairs will depreciate and there will be no funds to repair their own home. Such payments to the capital repair fund of houses, in their opinion, should not be mandatory at all, since the funds are non-profit. And according to the law, such contributions must be made voluntarily. As a result, voluntary contributions can in no way be compulsory.
According to citizens, if the house was not renovated at the expense of budgetary funds before the privatization of residential premises, the responsibilities of management companies should be preserved. And subsequent repairs will be carried out at the expense of the owners.
It should also be noted that the current law makes it possible for residents to open an individual account and accumulate funds on an individual basis only for their own home.
By law, a person has the right to pay or not to pay for any service. However, previously, he has the opportunity to check whether she suits him or not, and only after that pay. Consider the most elementary example of how payments are usually made for the overhaul of an apartment building.
Let's say a person wants to buy a TV. He comes to the store, chooses one, but then surely checks if the equipment is in working condition. And only after he is convinced of this, he acquires it and pays for the value of the goods. Similarly, with major repairs.
Many citizens are unhappy, they believe that the prices for overhaul are high, that in general such actions are contrary to their civil rights, therefore, payment for overhaul often becomes an “acute” problem for residents. However, at the moment the law is valid and must be paid. Unfortunately, if earlier it was possible to evade this type of payment by simply not paying it, then at present it is impossible to do so. So the answer to the question: “Should I pay for the overhaul of the house?” must be positive.
The new column in the payment documents provides for a mandatory payment for major repairs. If citizens do not pay on time, then a penalty will be charged. And as you yourself understand, the payment for major repairs will only increase.
Overhaul and Constitutional Court Contributions
At the beginning of this year, residents of many cities were shocked, a rare and amazing event occurred. The thing is that a review was sent to the constitutional court, and the sender was the Prosecutor General. The prosecutor's office considered that the fees that they are trying to collect from the population are unconstitutional and violate the rights of citizens.
The group of deputies who became the initiators considers:
- Illegal payment for the maintenance of property and payment of wages for employees of regional operators. It turns out that citizens who pay contributions for major repairs practically contain them.
- Transferring funds between owners' accounts is the direct responsibility of the state to the owners and nothing more.
It turns out that those owners who have issued their personal account and those who monthly transfer to the regional operator’s general account are placed in completely different conditions.
The fact is that the second group of residents cannot manage the means of the general balance and has practically no voting right. In addition, there is no full refund, there is simply no such mechanism.
The following requests responded to this appeal from the prosecutor's office of the Ministry of Justice, Finance and Construction, as well as housing and communal services:
- Overhaul contributions are collected in the interests of homeowners, so their constitutional rights are not violated. Also, tenants can at any moment gather a meeting at which they can discuss and decide how to form the fund.
- Funds for major repairs are not received in the budget, and they are not taxes. Real organizations are already making these contributions, and will continue to do major repairs of residential premises.
- Since all the cash contributions that have already been received by the fund cease to be the own funds of the homeowners who have transferred them, then, therefore, there is absolutely no need to coordinate their order with the residents of the houses.
Thus, the overhaul contributions are structural since there is a valid law on overhaul contributions. After this statement, the Prosecutor General’s office withdrew its letter. In order to avoid questions from residents of houses, such as: "Do I need to pay a major overhaul fund?" she deemed it necessary to carry out additional improvements.
We tell you when debtors wait for bailiffs and is it possible to legally get rid of contributions.
I have not been paying for overhaul since 2015, since I believe that these fees are illegal. Can I be held accountable?
Despite the fact that the law on overhaul was signed back in 2012, the debate about whether new payments are mandatory for citizens continued until 2016, when the Constitutional Court of Russia finally made a point and recognized these contributions as legal.
The obligation to pay for overhaul is stipulated by Federal dated 25.12.2012 N 271-ФЗ. The first payments residents of the Kirov region began to receive at the end of January 2015. Since then, the tariff from 6.7 rubles. per square meter rose to 8.3 rubles. By the way, this is one of the highest tariffs in Russia.The collection of contributions in the Kirov region is 82%, that is, about 18% of owners do not pay for overhaul. According to data from November 2017, the debt of citizens to the regional Overhaul Fund is 600 million rubles.
What liability is provided for overhaul debts?
For non-payment of overhaul fees, administrative liability is provided - the same as in the case of non-payment of other utilities. Starting from the 31st day of delay, interest is charged to the owner. In theory, notifications from the regional operator about the need to pay off debts will begin to arrive in the mailbox. If payments for overhaul are not received from the owner for two months or more, the regional operator may apply to the court. It doesn’t matter when the overhaul in the debtor’s house takes place.
In most cases, the court takes the side of the plaintiff and decides to recover the debt. It can be repaid voluntarily within five days. If this does not happen, the executive fee is also collected from the debtor - 7% of the debt amount, but not less than 1,000 rubles for citizens and 10,000 rubles for debtor organizations, the UFSSS press service in the Kirov region reminded. To date, the regional department of the department is in the process of executing 1,011 enforcement proceedings against debtors for overhaul worth more than 7 million rubles.As a rule, the debtor is not invited to the court, since amounts up to 500 thousand are collected as part of the court order, - commented the expert of the Public Chamber of the Kirov Region and the head of the ANO "Housing and Public Utilities Expert" Andrei Vorobyov. - A trial is not expected.
In the apartment of malicious defaulters for utilities, including overhaul, they can also turn off the lights and water, block the sewer, keep the debt from a salary bank card, seize the property, and if the amount of debt exceeds 10 thousand rubles - do not let go countries. However, the extent to which this practice is applied specifically to defaulters of overhaul fees is unknown.
Are there any legal ways not to pay for overhaul?
Overhaul fees do not pay the following categories of citizens:
tenants of houses recognized as emergency or demolished;
lonely living unemployed pensioners older than 80 years;
residents of municipally owned houses;
tenants of houses under which land is withdrawn for state or municipal needs.
Those who pay for a major overhaul not to a regional operator (NPO “Capital Repair Fund”), but deposit money to a special account at home, have the opportunity to suspend payments, said Andrey Vorobyov. If the house is not older than five years and the account has accumulated an amount of 10% of the marginal cost of repair work, then by the decision of the meeting of owners, the contributions can be suspended until the overhaul begins in the house. If the house is from 5 to 10 years old, it is necessary to accumulate 20%, from 10 years - 30%.
Can I appeal a debt recovery order?
This can be done in 10 days. After this, a standard trial begins, in which the plaintiff sues the debtor, and he will have to come to the meeting and prove his right not to pay dues. However, in the vast majority of cases it is impossible to prove this, since on April 12, 2016, the Constitutional Court already recognized the obligation to pay for overhaul as legal.
If the receipt of the regional operator does not indicate the name of the owner who must pay the fee, or are indicated incorrectly, does this exempt from paying the fee?
Not free. The name of the owner may not be indicated on the receipt due to the fact that the Overhaul Fund did not receive the owner’s personal data in full. If the Fund will recover the debt through the court, it may request an extract from Rosreestr, in which full names will be indicated. According to this extract, debt will be recovered.
If I bought an apartment from the owner, who has accumulated debts for overhaul, will I have to pay them?
Yes, according to part 3 of article 158 LC RF, the obligation, including the debt for major repairs, from the previous owner passes to the new owner from the moment of registration of the property. Therefore, before buying a secondary home you must definitely check the debts. You can ask for the last paid receipt directly from the person you are buying the apartment from, make a request to the regional Overhaul Fund, or contact the management company or HOA servicing the house if its residents have opened their own account for overhaul contributions.
According to which homeowners in an apartment building (more than three) will be charged for the overhaul of the home.
Overhaul includes the repair of foundations, facades, roofs, elevators and basements, as well as the replacement of electrical wiring and house engineering systems.
The fee, as well as the receipt for payment of utility bills, comes to the mailbox. Its size depends on of the subject of the Russian Federation in the residential premises, as well as its type and area.
This was needed because the number of houses in disrepair or in disrepair has sharply increased in Russia, and state programs are not able to fully pay for their restoration.
Funds collected from owners are sent to a special fund overhaul and will be added to existing programs.
Is it obligatory to pay these receipts?
According to federal law each owner is required to participate in fundraising for overhaul, since they are included in the standard payment documents for housing and communal services (Article 169.1 of the LC RF).
If he does not pay receipts on time, or does not do it at all - penalties will be charged if payment has not been made before the 20th day of the current month (for the past month).
If the owner constantly ignores receipts, debt (including interest) can be recovered through court. Also, along with the debt, he will have to pay legal costs.
Nobody can evict a deadbeat from an apartment, but various restrictions will apply, including a ban on leaving the country.
Overhauling your home does not relieve you of the obligation to raise funds. They will "pile up" until next time.
At what age and at what age are fees charged?
You can become the owner of the apartment from birth, however, you can completely dispose of the property and make payments and transactions after reaching adulthood. Who pays for the overhaul of an apartment building and at what age?
Since it is the responsibility of the owners to keep an eye on the dwelling, to maintain it and common premises in an apartment building (Article 30, Clause 1 of the RF Housing Code), an owner who has to pay for major repairs must be from eighteen years old.
In December 2015, bill N 399-ФЗ was passed, according to which the regions will be able to decide for themselves whether pensioners will pay a fee. therefore people over 80 can expect 100% reimbursement for expenses.
It is valid for lonely-living pensioners and for families that consist of unemployed people of retirement age (Article 169, Part 2.1)
Compensation of 50% of the amount of expenses will be provided to people who have reached 70 years, persons with disabilities of the first and second groups, Chernobyl victims, children with disabilities, persons containing children with disabilities (Federal Law of June 29, 2015 No. 176-FZ).
In addition, it is worth paying attention to the age of a particular house, the older it is, the more it needs restoration. Consequently, the amount in the receipt will be greater.
For new homes, the law provides for a reduced rate. Federal Law No. 176-FZ allows residents of new buildings put into operation after the approval of the program to not pay for these receipts.
For what period - the regions themselves establish, but it should not be more than 5 years.
Who should pay for the overhaul: the owner or the tenant?
The grounds on which the tenant can live in a residential building:
- Municipal or service housing. If the tenant lives in a municipal dwelling, then he is obliged to keep it in proper form, pay utility bills and other payments on time, as well as current expenses for the maintenance of the common property. These responsibilities are defined in the social contract of employment. But overhaul is carried out at the expense of the owner of the housing stock.
- Privatization. If the apartment has been privatized by the tenant, then he is also obliged to keep the living space in proper form, but no one has the right to force him to take part in raising funds for overhaul.
- Housing rental. Who should pay for major repairs in this case? Without the consent of the owner, the tenant cannot make re-planning or reconstruction, therefore, payment of charges from him should not be charged. This is the responsibility of the owner.
Who pays for major repairs in an apartment building - owner or tenant?
Based on this, payment for major repairs of the home with the tenant cannot be claimed. Many apartment owners believe that this amount is part of utility bills, but this is a fallacy.
How legal are these contributions?
Since these payments are established by law (part 1 of article 158 of the LC RF) - they are required for all citizens of the Russian Federation. And, as they said, for non-payment certain sanctions may be imposed.
But since not all payers wait for repairs (death, sale or other reasons), in October 2015, a lawsuit was filed with the Constitutional Court of the Russian Federation by a group of deputies. In it, they expressed their demand to correct what tenants must pay for the maintenance of another's property.
In April 2016 fundraising in the "common piggy bank" was recognized as absolutely legal. It was also decided to review the sequence of work in residential premises, according to the objective condition of the houses.
In addition, this order can be challenged through a court of law.
To summarize, we can say that contributions for the overhaul of the home are perfectly legitimate and required to pay.
And who pays for major repairs in an apartment building? If you rent a house, you are a tenant, you must understand that paying these receipts is not your concern. This rests solely with the owners.