Overhaul of apartment buildings: to pay or not? The tariff for the overhaul of an apartment building

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In receipts for payment of housing and communal services sent to citizens of the Russian Federation, there is a line - "major repairs". What are the legal grounds for including it in the relevant payment document? What structures are responsible for collecting financial revenues from citizens for these purposes, as well as for the practical implementation of overhaul?

Do I have to pay for overhaul?

Yes, in accordance with the legislation of the Russian Federation, it is mandatory. Corresponding adjustments to legal acts were made in 2014. Apartment owners undertake to contribute funds in the amount determined by the tariffs approved by the legislative bodies of a particular subject of the Russian Federation and calculated based on the area of \u200b\u200bthe dwelling. That is, the corresponding value established by the authorities is multiplied by the number of square meters of housing.

So, if we were concerned about the issue ofsuch a phenomenon as the overhaul of apartment buildings (to pay or not), we answered it. Appropriate contributions must be made. At the same time, the Housing Code of the Russian Federation contains provisions according to which apartment owners retain property rights to the contributed financial resources. If a citizen sells a dwelling for which he made contributions for overhaul, then the rights to use the relevant assets are transferred to the buyer.

Overhaul of residential buildings: general information

There are two main schemes under which capital repairs of apartment buildings are possible. The law assumes that they are legally equivalent - it is up to the choice of citizens.

The first scheme is the use of the services of special regional funds - institutions in the status of NGOs. The second is the creation of a separate account, which will accumulate funds for the overhaul.

In the first case, the timing and procedure for repairs are fixed in a special regional program. In the second scenario, this source is also important, but citizens, within the established criteria, can adjust the corresponding conditions for performing the necessary work.

Usually, every residential building has a service life in accordance with the regulations. If by the time the building is to be repaired in accordance with the indicated criterion, citizens have not created a special account, then it falls under the jurisdiction of the regional operator.

Costs for major repairs in the municipal housing stock shall be borne by the relevant local authority. Contributions for overhaul are made by the owner. In this case, thismunicipality. But in a private multi-apartment housing stock, this obligation rests with the apartment owners.

Where will the receipts go from

How owners will receive receipts for overhaul payments depends on the chosen option for accumulating funds. Their legislation provides, as we noted above, two: on a separate account or on the account of a regional operator. In the first case, receipts are most often sent out by the HOA, in the second case, by a state institution dealing with the overhaul of apartment buildings. If a residential building is run by a management company, then the corresponding obligations for the delivery of bills to citizens are assigned to it.

Terms of overhaul

The procedure for the overhaul of apartment buildings, provided for by law, is carried out within a timeframe that depends, firstly, on the overhaul periods established for certain structural elements of a residential building, and secondly, on the method of formation of the appropriate capital.

If the funds are accumulated by the regional operator, then the overhaul is carried out according to the approved program. As a rule, houses with a significant degree of wear and tear are repaired first. Regarding the scenario in which the money fund for the capital repairs of apartment buildings is at the disposal of the HOA, it should be noted that the deadlines prescribed in the regional program indicate the moment by which the relevant work must in any case be carried out. It is expected, therefore, that HOA will be able to implement them evenfaster than a regional operator could.

If a state institution deals with overhaul issues, an important factor in shaping the order of residential buildings for repairs is the payment discipline of apartment owners. If citizens are not too eager to pay utility bills on time, this may affect the timing of major repairs in their homes. But if the deterioration of a residential building clearly makes its operation difficult, then regardless of the size of the debts on utility bills, repairs can be carried out at this facility as soon as possible.

Help from the budget

Regardless of the form of accumulation of capital aimed at overhaul, assistance to citizens transferring funds for the maintenance of the house can be provided by the state. Thus, the budgets of many regions include funds designed to compensate the corresponding amounts by 50-100%, depending on the social category of a citizen.

Specifics of regional operators

Let's take a closer look at the specifics of the activities of those same regional operators that we mentioned above. What are these institutions? In most cases, this is a non-profit organization under the jurisdiction of the executive authority of the region, which is responsible for the overhaul of apartment buildings. Usually, the government body that establishes regional operators is called the Ministry of Housing and Public Utilities or in a similar way.

The main function of the operators in question is full control over a procedure such as a major home renovation, ranging fromsending receipts to citizens and ending with the procedures for acceptance of construction work related to the arrangement of the building. Financial responsibility for the activities of the structures under consideration is most often borne by the government of the subject of the federation.

The activity of regional operators is assumed to be very transparent: for example, information reflecting the results of the activities of these organizations is usually posted on their websites. Thus, each owner will be able to see how much the capital repair fund of apartment buildings has grown, which he himself regularly replenishes, get acquainted with the list of works to be carried out around the house, or with information about the performance of contractors.

Such transparency of the work of regional operators is connected with the desire of the authorities to increase the confidence of citizens. So that no one asks questions about whether to carry out a major overhaul of apartment buildings, to pay or not for the relevant services. People should understand that the operator is a stable structure, and it will not disappear anywhere with the money paid.

Specifics of regional programs

What are the features of regional programs, according to which NGOs responsible for the overhaul of residential buildings implement the relevant procedures?

In fact, they represent a list of residential buildings built in the subject of the federation and experiencing an objective need to repair roofs, facades, foundations and other elements that show signs of deterioration. The program does not include houses that are duly recognized as emergency, as well as buildings that do not contain elements of common property in their structure.

The most important component of the program that regulates the overhaul of apartment buildings is the schedule for the implementation of the relevant works. It is formed on the basis of a variety of factors: for example, the degree of deterioration of buildings, the period of their operation, in some cases, the size of citizens' debts for housing and communal services, as we noted above.

Which way to accumulate capital to choose?

So, we learned that there are two ways to accumulate capital, which can later be used for the overhaul of a residential building: through a regional operator or through an HOA, or with the participation of a management company. Which way is better? Perhaps there is not much difference between them at all?

The main advantage of contacting a regional operator is time saving. Citizens will not need to waste time on formalities related to solving financial and other organizational issues related to the implementation of the provisions of the law on the overhaul of residential buildings. The services of the respective NCOs are free of charge. However, such a format of activities is characterized by a clear drawback - major repairs can only be carried out within the time period provided for by the regional program, as we noted above.

Therefore, if residents expect to be able to carry out major home repairs out of schedule, but out of necessity, they need to initiateopening a special account, which will accumulate the necessary funds. Of course, in this case, you will have to spend time on solving a large number of organizational issues. However, in the structure of the HOA, as a rule, there are always people who are competent in resolving such difficulties. Of course, it is unlikely that they will agree to do the work for free, but the result expected by citizens usually justifies the corresponding costs. Therefore, this scenario is well-approved by many homeowners who plan to carry out regular overhauls of apartment buildings. Whether or not to pay HOA employees, and if so, how much is a question to be decided at the relevant meetings.

So, let's list the main advantages of the option in which the regional operator manages the funds:

• the appropriate structure solves all the necessary organizational issues;
• activities of regional operators are not subject to payment;
• appropriate type of NPO should be publicly accountable for their work.

The main disadvantage of this scheme: the timing of the actual overhaul may differ from those that are desirable for apartment owners.

Let's take a look at the main benefits of opening your own cash management account for repairs:

• you can set any deadlines regarding the order of the necessary works and services;
• you can choose profitable and quality-guaranteed contractors;
• it is possible to exercise flexible regulation of the amount of contributions tooverhaul.

The main drawback of this scheme: it takes time to organize the interaction of the HOA with various contractors and supervisory authorities. But, as we noted above, in the structure of homeowners associations there are usually enterprising citizens who are ready to contribute to the solution of relevant issues.

How to organize independent capital management?

It is quite possible that citizens will decide to manage on their own, without resorting to the services of a regional operator. Thus, the financing of capital repairs of apartment buildings will become fully managed by the residents themselves. How can self-government be organized in terms of solving problems related to the overhaul?

First of all, an HOA should function in the house. However, it can serve only a specific residential building. If there are several houses, then it is allowed that the total number of apartments does not exceed 30, provided that they are located on one site.

At a meeting of homeowners, the amount of the corresponding capital repair fee charged to each apartment should be determined. Its minimum value cannot be less than the tariff established in regional legal acts regulating the housing and communal services sector. Overhaul is, in fact, a set of services provided by construction organizations. It is necessary to approve the list of relevant services. At the same time, it should not provide for a smaller amount of work than specified in the regional program. Citizens also needdetermine the timing of the overhaul. They cannot be later than those prescribed in the regional program.

Owners can also decide to increase or decrease the amount of maintenance contributions. But the corresponding values must be within the limits established by law. The funds that have already been collected for the overhaul cannot be cashed out without a number of important documents, namely: the minutes of the general meeting, on the agenda of which the overhaul is on the agenda, contracts with contractors, an acceptance certificate and a final protocol reflecting the work performed.

Amount of payments

Above, we noted that the key indicators on the basis of which the owners' expenses are formed, related to the formation of the corresponding financial fund, are the capital repair rate for an apartment building approved in the region, the area of the apartment, as well as the amount of compensation for part of the expenses of citizens from the budget.

The first component of the "formula" is determined by the regional authorities. For example, the tariff for the overhaul of an apartment building established in the Rostov Region is 6.60 rubles. per sq. m. The corresponding figure is recorded in the decree of the regional government. In the Voronezh region there will be other figures, on the basis of which contributions for the overhaul of apartment buildings are calculated, Moscow has the right to set its own.

The tariff is calculated before approval by the regional government based on the methodology developed by the Ministry of Regional Development of the Russian Federation, that isat the federal level. It is assumed that the amount of the relevant contributions is calculated based on an estimate of the total value of the objective cash requirements for the payment of works and services that are most likely to be carried out in order to bring the average residential building in order after several years of continuous operation.

Sanctions for failure to comply with the law

Are there any sanctions if a citizen decides that they do not want to make contributions to the overhaul of apartment buildings? To pay or not to pay for it is a question he does not ask. Yes, there are sanctions. The payments in question are provided for at the level of federal legislation. And if a person does not pay them, then this is a legitimate reason for the formation of a debt and the subsequent accrual of pen alties in case of non-payment. Approximately the same as in case of refusal to transfer funds for other utilities. If a citizen fundamentally refuses to pay the corresponding amounts and compensations related to the delay in payments, then the funds can be recovered from him by the court.

Who controls the flow of funds?

If homeowners decide that they will transfer the competence related to the implementation of major repairs to the regional operator, then who will control the spending of the corresponding funds? Above, we noted that the regional government most often bears full financial responsibility for the results of the activities of the relevant NGOs.

Additionala measure of protection of funds - in the barriers to their cashing out from the accounts of regional operators. Thus, payment for the overhaul of an apartment building to contractors will be carried out by the bank only if the NPO responsible for the overhaul provides a protocol reflecting information about the meeting on the issue of the repair, as well as an agreement for the provision of relevant services and an acceptance certificate. You will also need a final protocol regarding the approval of the work carried out by the contractor. By the way, we listed the same requirements above, characterizing the specifics of financial management for overhaul through the HOA.

Regional operators are required to send information related to their work to the statistical authorities, the Federal Tax Service and other institutions, if required by law. In some regions, legal acts have been approved, according to which the regional operator must send monthly figures to the housing inspectorate on monetary charges for overhaul. Citizens can also get acquainted with this information - through the website.

In the work of NGOs formed by the governments of the regions of the Russian Federation, direct participation as subjects of legal relations of individuals is not expected. All contracts are signed by legal entities reporting to the authorities of the subject. The relevant structures of state administration in the regions form boards of trustees headed by officials - for example, this may be the first deputy head of the region. The Board of Trustees of NGOs responsible for overhaul may also include representatives of trade union structures,legislative bodies of the subject.