In overhaul apartment building includes a complex repair work aimed at eliminating significant shortcomings of the building, including in order to prevent possible negative consequences. Since 2014, the state has actually relieved itself of responsibility for the implementation of these measures, now this obligation has been assigned to the owners of residential and non-residential premises of the house.

What it is

The definition of overhaul and related work is regulated in civil law, and the features of carrying out similar activities with residential real estate are disclosed in the norms of the Housing Code of the Russian Federation and other acts of the housing sector. By general rule, the composition of the overhaul of the property includes:

• a set of works related to the replacement or restoration separate parts and elements of load-bearing building structures and floors;
• similar work on building structures or parts thereof that are not included in the list of load-bearing structures;
• restoration, or full or partial replacement of engineering and technical communications of an apartment building.

With regard to the overhaul of the housing stock, these general areas of construction work will be disclosed in the list of common house property of a particular house to be replaced or restored.

Based on the characteristics of the housing stock, major repairs can be carried out in the form of planned or emergency works. Unscheduled works are ordered in the following cases:

1. if the current state of structures can lead to significant damage or destruction of the object;
2. if the impact of force majeure circumstances of a spontaneous and sudden nature is determined (for example, destructive natural phenomena);
3. if the condition of individual load-bearing or other building structures interferes with the main purpose of the multi-apartment building - the safe living of citizens.

The law allows repairs to buildings officially recognized as emergency only to eliminate the threat to the safety of residents until other residential premises are allocated to them.

Carrying out scheduled repairs is carried out by including multi-apartment buildings in regional lists (registries) maintained by the executive authorities of the constituent entities of the Russian Federation. The compilation of these lists is one of the elements of the mechanism for reforming the housing stock, since funds for the next stage of overhaul are accumulated through transfers (contributions) from homeowners.

The specified list provides for the assignment of the overhaul of each house to a certain calendar period - a year. Since the lists are approved at the regional level and are made publicly available, interested persons have the opportunity to determine at any time whether their house is included in the register for overhaul, and in what year the planned work will be carried out.

With the introduction of the Housing and Utilities Reform Fund, the formation of a list of necessary overhaul works is carried out in two stages:

• a mandatory regulated list of works approved at the federal level (it cannot be changed even by decision of the owners of residential premises);
• an additional set of works, the list of which can be determined by the residents of an apartment building at their own decision of the owners of residential premises.

An additional list of construction works will be limited only by the amount of contributions collected and accumulated by citizens at the time of the conclusion of the contract. Moreover, if these funds are not enough for the planned repair purposes, they can apply for a loan in banking institutions.

The federal list of works on the overhaul of multi-apartment buildings includes:

1. engineering communications located within the building and included in the common property - elements of water supply and sanitation; heating system; electrical communications; gas supply system (the specified list also provides for the replacement furnace heating to the center, if possible design features building);
2. elevator maintenance system (restoration or replacement of individual elements or the entire system);
3. repair and restoration work on the roof of the building;
4. performance of construction work on the elements of the foundation or basement;
5. carrying out repair and restoration work on the facade of the building.

It should be borne in mind that this federal list can be expanded at the level of subjects of the Russian Federation. It depends on the features of the operation of the housing stock, the degree of deterioration of multi-apartment buildings, the financial possibilities of the budget and the size of the contribution of residents. In particular, the overhaul works include insulation of interpanel seams and facades of the building, installation of energy meters, etc.

If the owners of residential premises decide to open a special account for the collection and management of overhaul contributions, they can simultaneously set an increased amount of payments with an expansion of the list of works. This decision should be communicated to the regional operator, and overhaul using special account funds should be carried out no later than the regulated deadlines.

The regulated and additional list of overhaul works will be carried out under the contract. If the management of citizens' contributions is carried out by a regional operator, an open competition will be held for the right to carry out a major overhaul. For this, information from the list of multi-apartment buildings will be used, including when determining the timing of work. Accordingly, if, by decision of the homeowners, the overhaul is carried out earlier than the deadlines specified in the regional list, additional types of work will be included in the contract.

For the actual performance of work on the overhaul of the housing stock, regional authorities can finance the following list of related services at the expense of citizens' contributions:

• carrying out activities for the inspection of an apartment building or its individual structures, as well as the preparation of estimate documentation;
• ordering author's architectural design documentation;
• inspection of engineering and technical communications;
• carrying out inventory measures to determine the normative and actual depreciation of an apartment building.

Based on the collected information about the condition of the house, a comprehensive or selective overhaul will be carried out. In case of selective repair, only individual building structures and elements of the building are subject to replacement and restoration, while complex work will be aimed at eliminating the shortcomings of the whole building.

Thus, the owners of residential premises can determine in advance the list of mandatory works that will be performed on their apartment building. If necessary, this list can be expanded in a timely manner by increasing the amount of citizens' contributions.

COMMON PROPERTY IN APARTMENT BUILDINGS

GENERAL PROVISIONS ON MAJOR REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER

ITS FINANCING

The list of services and works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the overhaul fund, includes:

1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;

2) repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator shafts;

3) roof repair;

4) repair of basements belonging to the common property in the house;

5) facade repair;

6) repair of the foundation of an apartment building.

By a regulatory legal act of a constituent entity of the Russian Federation, this list can be supplemented with services and works for the insulation of the facade, the reconstruction of an unventilated roof into a ventilated roof, the installation of exits to the roof, the installation of collective (common house) metering devices for the consumption of resources necessary for the provision of public services, and control and regulation units consumption of these resources and other types of services and works.

If the owners of the premises in an apartment building (hereinafter referred to as the owners) decide to establish a capital repair contribution in an amount exceeding the minimum capital repair contribution, the part of the capital repair fund formed from this excess can be used for financing by decision of the general meeting of owners any services and work on the overhaul of common property in an apartment building.

State authorities of the constituent entity of the Russian Federation adopt regulatory legal acts which, including:

the minimum amount of the contribution for the overhaul of common property in an apartment building is established;

establishes the procedure for monitoring the technical condition of apartment buildings;

a regional operator is created;

approved the procedure and conditions for the provision state support;

the procedure for the preparation and approval of regional programs and the requirements for these programs are established;

Regional program for the overhaul of common property in apartment buildings(hereinafter referred to as the overhaul) the deadlines for the overhaul of apartment buildings by the owners and (or) the regional operator are determined. The regional program is approved by the highest executive body of state power of the constituent entity of the Russian Federation.

The regional program is formed for the period necessary for the overhaul of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:

a list of all apartment buildings located on the territory of a constituent entity of the Russian Federation, with the exception of emergency and subject to demolition. The regional program may not include apartment buildings, the physical deterioration of the main structural elements of which exceeds seventy percent, and (or) apartment buildings, in which the total cost of services and major repairs per one square meter the total area of ​​residential premises exceeds the cost determined by the regulatory legal act of the constituent entity of the Russian Federation. At the same time, no later than six months from the date of approval of the regional program or the adoption of a decision to exclude houses from it, a regulatory legal act of a subject of the Russian Federation should determine the procedure, timing and sources of financing for the reconstruction or demolition of these houses or other measures provided for by the legislation of the Russian Federation and ensuring housing rights of owners of residential premises and tenants of residential premises under social rental agreements in these houses. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, houses with less than three apartments may not be included in the regional capital repair program;

list of services and works on capital repairs;

the planned period for the overhaul of common property;

other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

The sequence of major repairs is determined in the regional program based on the criteria that are established by the law of the subject of the Russian Federation and can be differentiated by municipalities. As a matter of priority, a major overhaul should be provided for in houses where a major overhaul was required on the date of privatization of the first dwelling, but it was not carried out on the date of approval or updating of the regional program.

The regional program is subject to updating at least once a year.

State authorities of the subject of the Russian Federation and local governments are required to approve short-term (up to three years) plans for the implementation of the regional program.

The owners of premises in an apartment building are required to pay monthly contributions for the overhaul of common property in an apartment building,

in the amount established by the regulatory legal act of the constituent entity of the Russian Federation based on the total area of ​​\u200b\u200byour residential premises, or in a larger amount if the corresponding decision is made by the general meeting of owners.

The obligation to pay contributions for capital repairs arises after eight calendar months, if more than early term not established by the law of the constituent entity of the Russian Federation, starting from the month following the month in which the regional overhaul program was officially published, in which this house is included.

Contributions for major repairs are not paid by the owners of the premises:

in an apartment building recognized as emergency and subject to demolition;

in the event that the authorized body decides to withdraw a land plot for state or municipal needs and to withdraw each dwelling in this house, with the exception of dwellings owned by the right of ownership of the Russian Federation, a constituent entity of the Russian Federation or a municipality. Owners of premises in an apartment building are exempted from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made;

upon reaching the minimum amount of the capital repair fund, the owners have the right to decide on the suspension of the obligation to pay contributions for capital repairs;

if, before the deadline for the overhaul established by the program, individual works provided for by the regional program were completed in the house, payment for these works was carried out without the use of budgetary funds and funds of the regional operator and re-performance of these works is not required, funds in the amount equal to the cost of these works, but not more than the marginal cost, are counted towards the execution on future period obligations to pay contributions for major repairs.

Capital repair fund and methods of its formation

capital repairs paid by the owners,

interest paid by the owners of such premises in connection with the improper fulfillment of their obligation to pay contributions for major repairs,

interest accrued for the use of funds held in a special account.

The owners have the right to choose one of the following ways to form the fund:

1) transfer of contributions for capital repairs to a special account in order to form a fund in the form of funds on a special account (hereinafter - the formation of a capital repair fund on a special account). Contributions shall be paid directly into such an account;

2) transfer of contributions for capital repairs to the account of the regional operator in order to form a fund in the form of obligations of owners of premises in an apartment building in relation to the regional operator (hereinafter - the formation of a capital repair fund on the account of the regional operator). Contributions are paid on the basis of payment documents submitted by the regional operator.

If the fund is formed on a special account, the decision of the general meeting of owners must determine:

the amount of the monthly contribution for major repairs not less than that established by the regulatory legal act of the constituent entity of the Russian Federation;

list of services and (or) major repairs;

timing of the overhaul;

owner of a special account;

credit institution in which a special account will be opened.

The method of forming the overhaul fund can be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.

The funds of the fund can be used to pay for services and work on the overhaul of common property in an apartment building, the development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction control services, repayment of loans, loans, received and used in order to pay for the specified services, works, pay interest for the use of such credits, loans, pay the costs of obtaining guarantees and guarantees for such credits, loans.

If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the fund are used for the purpose of demolition or reconstruction of this house.

The current version is from 02/06/2020, with changes and additions.

Chapter 15 General provisions on the overhaul of common property in apartment buildings and the procedure for its financing

Housing and communal services consultant of the Russian Federation 01/19/2013 02/28/2020

Housing Code of the Russian Federation dated December 29, 2004

Section IX. ORGANIZATION OF CAPITAL REPAIRS OF COMMON PROPERTY IN APARTMENT BUILDINGS

Chapter 15

Article 166

1. The list of services and (or) works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the funds of the capital repairs fund, which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the subject Russian Federation, includes:

1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
2) repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms;
(Clause 2 as amended by Federal Law No. 434-FZ of November 28, 2018)
3) roof repair;
4) repair of basements belonging to common property in an apartment building;
5) facade repair;
6) repair of the foundation of an apartment building.
(Part 1 as amended by Federal Law No. 417-FZ of December 28, 2013)

2. A regulatory legal act of a constituent entity of the Russian Federation lists services and (or) works for the overhaul of common property in an apartment building financed from the funds of the capital repairs fund, the amount of which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation Federation, can be supplemented with services and (or) works on facade insulation, conversion of a non-ventilated roof to a ventilated roof, arrangement of exits to the roof, installation of automated information and metering consumption accounting systems communal resources and public services, installation of collective (general house) metering devices for the consumption of resources necessary for the provision of public services, and control units and regulation of the consumption of these resources (thermal energy, hot and cold water, electricity, gas) and other types of services and (or) works.
(As amended by Federal Laws No. 417-FZ dated December 28, 2013, No. 257-FZ dated July 29, 2017)

3. If the owners of premises in an apartment building make a decision to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, the part of the capital repairs fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on the overhaul of common property in an apartment building.

4. The list of services and (or) work on the overhaul of common property in an apartment building that can be financed from state support provided by a constituent entity of the Russian Federation is determined by a regulatory legal act of a constituent entity of the Russian Federation.

5. Works on the overhaul of common property in an apartment building may include work on the replacement and (or) restoration of load-bearing building structures of an apartment building and (or) engineering networks of an apartment building, referred in accordance with the legislation on urban planning activities to the reconstruction of capital construction objects .
(Part 5 was introduced by Federal Law No. 498-FZ of December 28, 2016)

Article 167

1. State authorities of a constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring the timely conduct of major repairs of common property in apartment buildings located on the territory of a constituent entity of the Russian Federation, and which:

1) the minimum amount of the contribution for the overhaul of common property in an apartment building is established;
2) the procedure for monitoring the technical condition of apartment buildings is established;
3) a regional operator is created, the issue of forming its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activity of the regional operator is established, the procedure for appointing the head of the regional operator on a competitive basis;
(As amended by Federal Law No. 255-FZ dated July 21, 2014)
4) the procedure and conditions for the provision of state support for the overhaul of common property in apartment buildings, including the provision of guarantees, guarantees for loans or loans, are approved, if the appropriate funds for the implementation of this support are provided for by the law of the subject of the Russian Federation on the budget of the subject Russian Federation;
5) establishes the procedure for the preparation and approval of regional programs for the overhaul of common property in apartment buildings, as well as the requirements for these programs;
6) establishes the procedure for the provision by the person in whose name the special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of the information to be provided in accordance with Part 7 of Article 177 and Article 183 of this Code, a list of other information to be provided by the said persons, and the procedure for providing such information;
7) establishes the procedure for the payment by the owner of a special account and (or) the regional operator of capital repair fund funds to owners of premises in an apartment building, as well as the procedure for using capital repair fund funds for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;
8) the procedure for exercising control over the targeted spending of funds generated from contributions for capital repairs and ensuring the safety of these funds is established;
9) a procedure is established for informing the owners of premises in apartment buildings and organizations that manage apartment buildings about the content of the regional program for the overhaul of common property in apartment buildings and the criteria for assessing the condition of apartment buildings, on the basis of which the priority of overhaul is determined.
(Clause 9 was introduced by Federal Law No. 399-FZ of December 20, 2017)

2. The regulatory legal acts referred to in Part 1 of this Article shall be subject to placement by the state authorities of the constituent entity of the Russian Federation in the system in the manner and within the time limits determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in accordance with in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services, unless a different period for placement in the system of these regulatory legal acts is established by federal law.
(Part 2 was introduced by Federal Law No. 263-FZ of July 21, 2014; as amended by Federal Law No. 469-FZ of December 28, 2016)

Article 168

1. The regional program for the overhaul of common property in multi-apartment buildings determines the deadlines for the owners of premises in such buildings and (or) the regional operator of the overhaul of multi-apartment buildings. The regional program for the overhaul of common property in apartment buildings is approved by the highest executive body of state power of a constituent entity of the Russian Federation in order to plan and organize the overhaul of common property in apartment buildings, plan the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of funds from the budget of the subject of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for overhaul), control over the timeliness of the overhaul of common property in apartment buildings by the owners of premises in such buildings, the regional operator.
(as amended by Federal Laws No. 417-FZ of December 28, 2013, No. 176-FZ of June 29, 2015)

2. The regional program for the overhaul of common property in apartment buildings (hereinafter referred to as the regional program for overhaul) is formed for the period necessary for the overhaul of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:

1) a list of all apartment buildings located on the territory of a subject of the Russian Federation (including apartment buildings in which all premises belong to one owner), with the exception of apartment buildings recognized as emergency and subject to demolition or reconstruction in accordance with the procedure established by the Government of the Russian Federation. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program may not include apartment buildings, physical deterioration of the main structural elements(roof, walls, foundation) of which exceeds seventy percent, and (or) apartment buildings, in which the total cost of services and (or) overhaul of structural elements and in-house engineering systems that are part of the common property in apartment buildings, in the calculation per square meter of the total area of ​​residential premises exceeds the cost determined by the regulatory legal act of the constituent entity of the Russian Federation. At the same time, no later than six months from the date of approval of the regional capital repair program or the decision to exclude apartment buildings from such a program, a regulatory legal act of a constituent entity of the Russian Federation must determine the procedure, timing and sources of financing for the reconstruction or demolition of these houses or other measures, provided for by the legislation of the Russian Federation and ensuring the housing rights of owners of residential premises and tenants of residential premises under social tenancy agreements in these houses. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, houses with less than five apartments may also not be included in the regional capital repair program. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program does not include apartment buildings in respect of which, as of the date of approval or updating of the regional capital repair program, decisions on demolition or reconstruction were made in accordance with the procedure established by the regulatory legal act of the constituent entity of the Russian Federation. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program does not include apartment buildings located in the territories of settlements recognized as being closed on the basis of decisions of state authorities of the constituent entity of the Russian Federation in agreement with the Government of the Russian Federation (hereinafter - closing settlements). The exclusion of such apartment buildings from the regional capital repair program is carried out on the date of its updating in connection with the decision to close the settlement;
(as amended by Federal Laws No. 176-FZ of June 29, 2015, No. 434-FZ of November 28, 2018, No. 13-FZ of February 6, 2020)

2) a list of services and (or) works for the overhaul of common property in apartment buildings;

3) the planned period for the overhaul of common property in apartment buildings for each type of service and (or) work, taking into account the need to provide services and (or) perform work, provided for in clause 1 of part 1 of Article 166 of this Code, simultaneously in relation to two or more intra-house engineering systems in an apartment building, determined by a regulatory legal act of a constituent entity of the Russian Federation, while the specified period may be determined by an indication of a calendar year or a period not exceeding three calendar years during which such repairs must be carried out;

4) other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

3. The sequence of capital repairs of common property in apartment buildings is determined in the regional capital repairs program based on the criteria established by the law of the subject of the Russian Federation and can be differentiated by municipalities.
(as amended by Federal Laws No. 417-FZ of December 28, 2013, No. 399-FZ of December 20, 2017)

3.1. The regional capital repair program may, as a matter of priority, provide for work on the repair of in-house engineering gas supply systems, repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms.
(Part 3.1 was introduced by Federal Law No. 399-FZ of December 20, 2017; as amended by Federal Law No. 434-FZ of November 28, 2018)

4. The introduction of changes into the regional capital repair program, when it is updated, that provide for the postponement of the established period for the overhaul of common property in an apartment building to a later period, the reduction of the list of planned types of services and (or) work on the overhaul of common property in an apartment building, is carried out when the presence of an appropriate decision of the general meeting of owners of premises in an apartment building, unless:
(as amended by Federal Law No. 355-FZ of July 3, 2016)

1) the reduction in the list of planned types of services and (or) work on the overhaul of common property in an apartment building is due to the lack of structural elements in respect of which a major overhaul should be carried out;

2) the planned type of services and (or) work on the overhaul of common property in an apartment building was carried out earlier and, in order to establish the need for overhaul of common property in an apartment building, it was determined that the repeated provision of such services and (or) performance of such work within the time frame set by the regional capital repair program are not required;

3) the change in the method of formation of the capital repair fund occurred on the grounds provided for by paragraph 7 of Article 189 of this Code. The term for the overhaul in this case is determined in order to establish the need for a major overhaul of common property in an apartment building.

4) in accordance with the procedure established by the regulatory legal act of the constituent entity of the Russian Federation, it is determined that it is impossible to provide services and (or) perform work on the overhaul of common property in an apartment building (including the completion of previously begun provision of services and (or) performance of work) in connection with obstruction of such provision of services and (or) performance of work by the owners of premises in an apartment building, and (or) a person managing an apartment building, and (or) a person performing work on the maintenance and repair of common property in an apartment building, expressed in the non-admission of a contractor to the premises in an apartment building and (or) to the building structures of an apartment building, engineering networks, sanitary, electrical, mechanical and other equipment of an apartment building;
(Clause 4 was introduced by Federal Law No. 257-FZ of July 29, 2017)

5) amendments to the regional capital repair program are due to a change in the timing of work on the repair of in-house engineering gas supply systems, repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms.
(Clause 5 was introduced by Federal Law No. 399-FZ of December 20, 2017; as amended by Federal Law No. 434-FZ of November 28, 2018)

4.1. Decisions to amend the regional capital repair program are made in accordance with guidelines approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

4.2. Changes to the regional capital repair program on the grounds provided for in clause 4 of part 4 of this article must provide for a planned period for the provision of services and (or) the performance of work on the capital repairs of common property in an apartment building (including the completion of previously begun provision of services and (or) performance of work) after the elimination of the relevant circumstances. Reduction of the list of planned types of services and (or) work on the overhaul of common property in an apartment building on the basis provided for in clause 4 of part 4 of this article is not allowed.
(Part 4.2 was introduced by Federal Law No. 257-FZ of July 29, 2017)

5. The regional overhaul program is subject to updating at least once a year.

6. The procedure for the preparation and approval of regional programs for capital repairs, the requirements for such programs, the procedure for the provision by local authorities of the information necessary for the preparation of such programs, are established by the law of the subject of the Russian Federation in accordance with this Code.
(Part 6 as amended by Federal Law No. 417-FZ of December 28, 2013)

7. In order to implement the regional capital repair program, specify the timing of the overhaul of common property in apartment buildings, clarify the planned types of services and (or) work on the overhaul of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs public authorities of a constituent entity of the Russian Federation are obliged to approve short-term plans for the implementation of a regional capital repair program in the manner established by a regulatory legal act of a constituent entity of the Russian Federation for a period of three years, distributed by years within the specified period. When making changes to the short-term plan for the implementation of the capital repair program on the grounds provided for in paragraph 4 of this article, coordination with the owners of premises in an apartment building is not required. Local self-government bodies are obliged to approve short-term plans for the implementation of a regional capital repair program if this is provided for by a regulatory legal act of a constituent entity of the Russian Federation, in the manner established by this regulatory legal act.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 257-FZ dated July 29, 2017)

7.1. Short-term plans for the implementation of the regional program are formed on the basis of the following principles:

1) use for the purpose of overhaul the balance of funds on the account, the accounts of the regional operator that were not used in the previous year, and the projected volume of receipts of contributions for overhaul in the current year, taking into account the requirements established by Article 185 of this Code;

2) the need to adjust the scope of work on the overhaul of common property in apartment buildings based on the actual level of collection of funds for overhaul on the account, accounts of the regional operator;

3) updating in connection with the overhaul of an apartment building in the amount necessary to eliminate the consequences of an accident, other natural or man-made emergency in the manner prescribed by part 6 of Article 189 of this Code.
(Clause 3 was introduced by Federal Law No. 257-FZ of July 29, 2017)
(Part 7.1 as amended by Federal Law No. 355-FZ of July 3, 2016)

8. The regional capital repair program and short-term plans for the implementation of the regional capital repair program are subject to placement in the system by the state authority of the constituent entity of the Russian Federation or by the local self-government body that approved the program or the corresponding short-term plan, in the manner and within the time limits determined by the federal executive body implementing functions for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services, if a different period of placement in the system this information is not established by federal law.
(Part 8 was introduced by Federal Law No. 263-FZ of July 21, 2014; as amended by Federal Laws No. 176-FZ of June 29, 2015, No. 469-FZ of December 28, 2016)

Article 169

1. The owners of premises in an apartment building are obliged to pay monthly contributions for the overhaul of common property in an apartment building, except for the cases provided for by part 2 of this article, part 8 of article 170 and part 5 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the relevant decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.

2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation, as well as in the event that an executive body of state power or a local self-government body decides to withdraw a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality. Contributions for major repairs are not paid by the owners of premises in an apartment building located on the territory of a closed settlement. The owners of premises in an apartment building are exempted from the obligation to pay contributions for major repairs starting from the month following the month in which the decision was made to withdraw the land plot or to declare the settlement closed.
(as amended by Federal Law No. 13-FZ of February 6, 2020)

2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for capital repairs, calculated on the basis of the minimum contribution for capital repairs per square meter of the total area of ​​​​a dwelling per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard for regulatory living space used to calculate subsidies for non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living in a family consisting only of cohabiting non-working citizens of retirement age and (or) non-working disabled persons of groups I and (or) II, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
(Part 2.1 as amended by Federal Law No. 226-FZ of July 29, 2018)

3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after the expiration of the period established by the law of the constituent entity of the Russian Federation, which is at least three and no more than eight calendar months starting from the month following the month in which the approved regional capital repair program was officially published, in which this apartment building is included, with the exception of the case established by part 5.1 of Article 170 of this Code.
(Part 3 as amended by Federal Law No. 399-FZ of December 20, 2017)

4. Income from the transfer for use of objects of common property in an apartment building, funds of a homeowners' association, a housing cooperative, including income from the economic activities of a homeowners' association, a housing cooperative, may be directed by decision of the owners of premises in an apartment building, by the decision of members of the homeowners' association housing, the decision of the members of a housing cooperative, adopted in accordance with this Code, the charter of a homeowners association, the charter of a housing cooperative, to form a capital repair fund on account of the fulfillment of the obligation of the owners of premises in an apartment building to pay contributions for capital repairs and (or) for the formation of a part a capital repair fund in excess of that generated based on the established minimum contribution for capital repairs, which can be used to finance any services and (or) major repairs of common property in an apartment building.
(Part 4 as amended by Federal Law No. 176-FZ dated June 29, 2015)

Article 170

1. Contributions for major repairs paid by the owners of premises in an apartment building, penalties paid by the owners of such premises in connection with their improper fulfillment of their obligation to pay contributions for major repairs, interest accrued for the use of funds held on a special account, account, accounts regional operator, on which the formation of capital repair funds is carried out, income received from the placement of funds from the capital repair fund, funds of financial support provided in accordance with Article 191 of this Code, as well as credit and (or) other borrowed funds attracted by the owners of premises in an apartment complex house for the overhaul of common property in an apartment building, form a capital repair fund.
(Part 1 as amended by Federal Law No. 257-FZ of July 29, 2017)

1.1. Income in the form of interest accrued for the use of funds held on a special account, account, accounts of a regional operator on which the formation of capital repair funds is carried out, as well as income in the form of interest received from the placement of temporarily free funds of the capital repair fund, are credited only to special account, account, accounts of the regional operator, on which the formation of capital repair funds is carried out.
(Part 1.1 was introduced by Federal Law No. 60-FZ of April 15, 2019)

2. The amount of the capital repair fund is calculated as the sum of the receipts to the fund indicated in Part 1 of this Article, minus the amounts transferred from the funds of the capital repair fund in payment for the cost of services rendered and (or) work performed on the capital repair of common property in an apartment building and advance payments for the specified services and (or) works.

3. The owners of premises in an apartment building have the right to choose one of the following methods of forming a capital repair fund:

1) transfer of contributions for capital repairs to a special account in order to form a capital repair fund in the form of funds held on a special account (hereinafter - the formation of a capital repair fund on a special account);
2) transfer of contributions for capital repairs to the account of the regional operator in order to form a capital repair fund in the form of obligations of owners of premises in an apartment building in relation to the regional operator (hereinafter - the formation of a capital repair fund on the account of the regional operator).

4. In the event that the owners of premises in an apartment building have chosen to form it on a special account as a method of forming a capital repair fund, the decision of the general meeting of owners of premises in an apartment building must determine:

1) the amount of the monthly contribution for capital repairs, which should not be less than the minimum contribution for capital repairs established by a regulatory legal act of a constituent entity of the Russian Federation;
2) - 3) have become invalid. - Federal Law No. 176-FZ dated June 29, 2015;
4) the holder of a special account;
5) a credit institution in which a special account will be opened. If a regional operator is identified as the owner of a special account, the credit institution chosen by the owners of premises in an apartment building must carry out activities to open and maintain special accounts on the territory of the corresponding subject of the Russian Federation. If the owners of premises in an apartment building have not chosen a credit institution in which a special account will be opened, or if this credit institution does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit institution in which a special account is opened, is considered transferred to the discretion of the regional operator.

4.1. In the event that the owners of premises in an apartment building decide to determine the amount of the monthly contribution for capital repairs in the amount of the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation, the list of services and (or) work on capital repairs of common property in an apartment building the house and the timing of the overhaul of common property in such a house are determined in accordance with the regional program of overhaul. The owners of premises in an apartment building have the right to make a decision to carry out a major overhaul of common property in an apartment building at an earlier date than established by the regional capital repair program, provided that, as of the date of this decision, the funds in the special account are sufficient to finance the overhaul or other ways of financing it.
(Part 4.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

4.2. By decision of the general meeting of owners of premises in an apartment building on the formation of a capital repair fund on a special account, the amount of the monthly contribution for capital repairs in the amount greater than the minimum contribution for capital repairs established by the regulatory legal act of the subject of the Russian Federation may be determined. In this case, the list of services and (or) work on the overhaul of common property in an apartment building, approved by the decision of the general meeting of owners of premises in an apartment building, may be supplemented with services and (or) works not provided for by the regional program of overhaul, and the timing of the overhaul repairs may be installed earlier than provided for by the regional overhaul program.
(Part 4.2 was introduced by Federal Law No. 176-FZ of June 29, 2015)

5. The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in an apartment building within the period established by the state authority of the constituent entity of the Russian Federation, but not less than three months and not more than six months after the official publication of a regional capital repair program, which is approved in accordance with the procedure established by the law of the constituent entity of the Russian Federation and which includes an apartment building, in respect of which the issue of choosing a method for forming its capital repair fund is being decided. The owner of a special account is obliged to apply to a Russian credit organization with an application to open a special account no later than within fifteen days from the date of notification of the owner of a special account about its determination as such, unless an earlier date is established by a decision of the general meeting of owners of premises in an apartment building. The decision to form a capital repair fund on a special account, except for the case where the owner of the special account is a regional operator, is considered implemented subject to the opening of a special account and the submission by the owner of the special account to the body of state housing supervision of the documents provided for by Part 1 of Article 172 of this Code. In order to implement the decision to form a capital repair fund on a special account opened in the name of the regional operator, the person who initiated the relevant general meeting must send to the regional operator a copy of the minutes of the general meeting of owners who issued this decision.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 399-FZ dated December 20, 2017)

5.1. The obligation to pay contributions for overhaul from the owners of premises in an apartment building put into operation after the approval of the regional overhaul program and included in the regional overhaul program when it is updated arises after the expiration of the period established by the state authority of the constituent entity of the Russian Federation, but no later than than within five years from the date of inclusion of this apartment building in the regional capital repair program. The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in this apartment building no later than three months before the obligation to pay contributions for capital repairs arises.
(Part 5.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

6. Not later than one month before the expiration of the period established by parts 5 and 5.1 of this article, the local government is obliged to inform the owners of premises in an apartment building about the consequences of their failure to make a decision on the choice of the method of forming a capital repair fund and convene a general meeting of owners of premises in an apartment building to resolve the issue of choosing the method of forming the capital repair fund, if such a decision has not been made earlier.
(Part 6 as amended by Federal Law No. 399-FZ of December 20, 2017)

7. In the event that the owners of premises in an apartment building did not choose the method of forming the capital repair fund within the period established by parts 5 and 5.1 of this article or the method chosen by them was not implemented within the period established by parts 5 and 5.1 of this article, and in cases provided for by part 7 of article 189 of this Code, the local government within a month from the date of receipt from the state housing supervision body of the information provided for by part 4 of article 172 of this Code, decides on the formation of a capital repair fund in relation to such a house on the account of the regional operator and notifies the owners rooms in such a house decision, including using the system.
(as amended by Federal Laws No. 176-FZ of June 29, 2015, No. 498-FZ of December 28, 2016, No. 399-FZ of December 20, 2017)

8. The law of the subject of the Russian Federation establishes the minimum amount of capital repairs funds in relation to multi-apartment buildings, the owners of premises in which form these funds on special accounts, which cannot exceed fifty percent of the estimated cost of capital repairs of an apartment building, determined in accordance with the methodological recommendations approved by the federal an executive authority that performs the functions of developing and implementing state policy and legal regulation in the field of housing and communal services. The owners of premises in an apartment building have the right to set the amount of the overhaul fund for their home in an amount greater than the established minimum amount of the overhaul fund. Upon reaching the minimum capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay capital repairs contributions, with the exception of owners who are in arrears in paying these contributions.
(as amended by Federal Laws No. 399-FZ dated December 20, 2017, No. 434-FZ dated November 28, 2018)

Article 171

1. In the event of the formation of a capital repair fund on the account of a regional operator, the owners of residential premises in an apartment building pay contributions for capital repairs on the basis of payment documents submitted by the regional operator, within the time limits established for making payments for residential premises and, unless otherwise provided by the law of the subject Russian Federation.
(as amended by Federal Law No. 257-FZ of July 29, 2017)

2. In the event that a capital repair fund is formed on a special account opened in the name of a person specified in paragraph 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for making payments for housing and communal services. Contributions for major repairs are paid by the owners of residential premises on the basis of a payment document provided in the manner and on the conditions established by Part 2 of Article 155 of this Code, unless other procedures and conditions are determined by a decision of the general meeting of owners of premises in an apartment building.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 257-FZ dated July 29, 2017)

3. Owners of non-residential premises pay contributions for major repairs on the basis of payment documents (including payment documents in electronic form posted in the system) submitted by persons authorized in accordance with the requirements of parts 1 and 2 of this article, who are entitled to submit a payment document, containing the calculation of the amount of the contribution for capital repairs for the coming calendar year, once during the first settlement period of such a year. The owner of non-residential premises has the right to pay such a payment document at a time in the month following the month in which it is presented, or monthly in equal installments during the calendar year within the time limits established for making payments for residential premises and utilities, unless otherwise provided by the law of the subject of the Russian Federation. Federation. If the owner of the non-residential premises is a legal entity, the payment document is delivered to the address (location) of the permanent executive body legal entity(in the absence of a permanent executive body of a legal entity - another body or person entitled to act on behalf of a legal entity without a power of attorney), through which communication with a legal entity is carried out.
(Part 3 was introduced by Federal Law No. 257-FZ of July 29, 2017)

4. The executive authority of a constituent entity of the Russian Federation or an institution authorized by it shall not be entitled to demand from citizens documents and information confirming the payment by citizens of monthly contributions for the overhaul of common property in an apartment building, in order to provide compensation for expenses in accordance with federal laws and laws of the constituent entities of the Russian Federation for the payment of contributions for major repairs. The executive authority of a constituent entity of the Russian Federation or an institution authorized by it shall receive information on whether citizens have arrears in paying monthly contributions for the overhaul of common property in an apartment building from a regional operator or the owner of a special account upon request in the manner established by a regulatory legal act of a constituent entity of the Russian Federation. The regional operator, the owner of a special account are obliged to provide such information within five working days from the date of receipt of the relevant request.
(Part 4 was introduced by Federal Law No. 1-FZ of January 22, 2019)

Article 172. Control over the formation of the capital repair fund

1. The owner of a special account, within five working days from the moment of opening a special account, is obliged to submit to the state housing supervision body a notification on the method of formation of the capital repair fund chosen by the owners of the premises in the relevant apartment building, attaching a copy of the minutes of the general meeting of owners of the premises in this apartment building on acceptance decisions provided for by parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise provided by the law of the subject of the Russian Federation.

2. The regional operator is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, provided by the law of the constituent entity of the Russian Federation, information on apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, and also on the receipt of contributions for major repairs from the owners of premises in such apartment buildings.

3. The owner of a special account is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the amount of funds accrued as contributions for capital repairs, information on the amount of funds received as contributions for capital repairs , information on the amount of funds spent on major repairs from a special account, information on the amount of the balance of funds on a special account, information on the conclusion of a loan agreement and (or) a loan agreement for major repairs, with certified copies of such agreements attached.
(Part 3 as amended by Federal Law No. 498-FZ of December 28, 2016)

4. The state housing supervision body maintains a register of notifications specified in paragraph 1 of this article, a register of special accounts, informs the local government body and the regional operator about multi-apartment buildings, the owners of premises in which have not chosen the method of forming capital repairs funds and (or) have not implemented it .

5. The body of state housing supervision provides the information specified in parts 1 - 4 of this article to the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, in the manner established by this federal body. The specified federal body places the information provided by the body of state housing supervision in the system in the manner and within the time limits determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body, performing the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
(as amended by Federal Law No. 263-FZ of July 21, 2014)

Article 173

1. The method of formation of the capital repair fund may be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.

2. In the event that for the overhaul of common property in an apartment building, a loan was provided and not returned, or there is a debt payable at the expense of the capital repair fund for payment for the services rendered and (or) work performed on the overhaul of common property in an apartment building , the adoption by the owners of premises in an apartment building of a decision to change the method of forming a capital repair fund in relation to this apartment building is allowed provided full repayment such debt.
(Part 2 as amended by Federal Law No. 176-FZ dated June 29, 2015)

3. If the formation of a capital repair fund is carried out on the account of a regional operator, in order to change the method of formation of the capital repair fund, the owners of premises in an apartment building must make a decision in accordance with part 4 of Article 170 of this Code.

4. The decision of the general meeting of owners of premises in an apartment building to change the method of forming a capital repair fund within five working days after the adoption of such a decision is sent to the owner of a special account to which contributions for the capital repair of common property in such an apartment building are transferred, or to a regional operator, to account to which these payments are made.

5. The decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account shall enter into force one year after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator in accordance with part 4 of this article, if a shorter period not established by the law of the constituent entity of the Russian Federation, but not earlier than the occurrence of the condition specified in part 2 of this article. Within five days after the entry into force of this decision, the regional operator transfers the funds of the capital repairs fund to a special account.
(As amended by Federal Law No. 498-FZ of December 28, 2016)

5.1. The term for the entry into force of the decision to terminate the formation of the capital repair fund on the account of the regional operator and the formation of the capital repair fund on the special account, established by part 5 of this article, does not apply if the decision to form the capital repair fund on the account of the regional operator was taken by the local authority self-government in the cases provided for by paragraph 7 of Article 170 of this Code, and by a court decision it was established that the local government did not take measures aimed at properly informing citizens about possible ways the formation of a capital repair fund and the consequences of choosing one of them, to assist the owners of premises located in an apartment building in making an appropriate decision and explaining the procedure for its implementation, and capital repairs of common property in an apartment building were not carried out. The decision to terminate the formation of the capital repair fund on the account of the regional operator in this case shall enter into force one month from the date of sending the decision of the general meeting of owners of premises in an apartment building to the regional operator, but not earlier than the occurrence of the condition specified in part 2 of this article.
(Part 5.1 was introduced by Federal Law No. 399-FZ of December 20, 2017)

6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator shall enter into force one month after the decision of the general meeting of owners of premises in an apartment building is sent to the owner of the special account in accordance with part 4 of this article, but not before the occurrence of the condition specified in paragraph 2 of this article. Within five days after the entry into force of the said decision, the owner of the special account transfers the funds of the capital repairs fund to the account of the regional operator.

7. When changing the method of formation of the capital repair fund in the cases provided for by this Code, the regional operator, in the event of the formation of the capital repair fund on the account, accounts of the regional operator, or the owner of the special account in the event of the formation of the capital repair fund on the special account, is obliged to transfer to the owner of the special account and ( or) to the regional operator, respectively, all the documents and information available to him related to the formation of the capital repair fund, in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation.
(Part 7 was introduced by Federal Law No. 176-FZ of June 29, 2015)

8. If, on the basis of information received in accordance with Part 3 of Article 172 of this Code, the amount of actual receipts of contributions for capital repairs is less than fifty percent of the amount of accrued contributions for capital repairs, the body of state housing supervision in writing or with using the system, notifies the owner of a special account of the need to inform the owners of premises in an apartment building about the presence of debt, the need to pay off such debt within a period of not more than five months from the date the owner of the special account received the relevant notification from the state housing supervision body and about the consequences provided for by this Code in due to non-payment of debts on time.
(Part 8 was introduced by Federal Law No. 176-FZ of June 29, 2015; as amended by Federal Law No. 498-FZ of December 28, 2016)

9. The owner of a special account who has received a notification from the state housing supervision body specified in paragraph 8 of this article, not later than within five days, informs in writing and using the system the owners of premises in this apartment building who have a debt that served as the basis for sending the specified notifying the state housing supervision body of the need to repay the debt and taking measures aimed at its repayment. If there is no repayment of such debt two months before the expiration of the period established in accordance with part 8 of this article, the owner of the special account is obliged to initiate a general meeting of owners of premises in this apartment building in order to decide on the procedure for repaying the debt.
(Part 9 was introduced by Federal Law No. 176-FZ of June 29, 2015)

9.1. The regional operator elected by the decision of the general meeting of owners of premises in an apartment building as the owner of a special account and having received the notification of the state housing supervision body specified in paragraph 8 of this article, not later than within five days informs in writing and using the system the person carrying out management of an apartment building, and owners of premises in this apartment building, who have a debt that served as the basis for sending the said notification to the state housing supervision body about the need to pay off the debt and take measures aimed at paying it off. In the absence of repayment of such debt two months before the expiration of the period established in accordance with part 8 of this article, the person managing the apartment building, the person specified in part 3 of article 164 of this Code, while directly managing the apartment building, are obliged to initiate a general meeting owners of premises in this apartment building in order to decide on the procedure for repaying the debt.
(Part 9.1 was introduced by Federal Law No. 257-FZ of July 29, 2017)

10. If within five months from the date of receipt of the notification specified in paragraph 8 of this article, the debt has not been repaid in the amount specified in the notification of the state housing supervision body, and the latter has not been presented with documents confirming the repayment of such debt, the state housing supervision body shall notify about this, the local self-government body, which within a month decides on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. If the owner of the special account did not transfer the funds on the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, the local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator. The provisions of this part shall not apply if there is a loan and (or) credit for a major overhaul that has not been repaid within the terms established by the loan agreement and (or) the loan agreement, and the repayment of which is carried out at the expense of funds received on a special account.
(Part 10 was introduced by Federal Law No. 176-FZ of June 29, 2015)

Article 174

1. Funds from the Capital Repair Fund may be used to pay for services and (or) work on capital repairs of common property in an apartment building, development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction services. control, repayment of credits, loans received and used in order to pay for the specified services, works, as well as to pay interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits, loans. At the same time, at the expense of the overhaul fund, within the amount formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for by Part 1 of Article 166 of this Code and the work provided for by the regulatory legal act may be financed. an act of the constituent entity of the Russian Federation, the repayment of credits, loans received and used to pay for these works, and the payment of interest for the use of these credits, loans.
(as amended by Federal Law No. 149-FZ dated July 1, 2017)

2. If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code by decision of the owners of premises in this apartment building. In the event of the demolition of an apartment building, the funds of the capital repair fund, minus the funds spent for the purpose of demolition and the services rendered and (or) work performed on the capital repairs of the common property in this apartment building, until the decision to recognize such a house as emergency is made in accordance with the procedure established by the Government of the Russian Federation, are distributed between by the owners of the premises in this apartment building in proportion to the amount of capital repairs contributions paid by them and capital repairs contributions paid by the previous owners of the premises concerned. In the event of the adoption of a regulatory legal act of a constituent entity of the Russian Federation, according to which apartment buildings with less than five apartments are excluded from the regional capital repair program, and in the event that the land plot on which this apartment building is located is withdrawn for state or municipal needs, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the funds of the capital repairs fund are distributed among the owners of premises in this apartment building in proportion to the amount of contributions they paid for overhaul and contributions for overhaul paid by the previous owners of the relevant premises, less the funds spent on previously rendered services and (or) work performed on the overhaul of common property in this apartment building. In the event that decisions are made to close a settlement and to exclude apartment buildings located on its territory from the regional capital repair program, the funds of the capital repair fund are distributed among the owners of premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and contributions for major repairs, paid by the previous owners of the relevant premises, minus the funds spent on previously rendered services and (or) completed work on the overhaul of common property in this apartment building.
(as amended by Federal Laws No. 434-FZ dated November 28, 2018, No. 13-FZ dated February 6, 2020)

The article will help you find out what are the differences between major and current repairs and what is included in the common property of the house

Do you know what is the difference between the current repair and the overhaul? And who should pay their cost? How often should major home repairs be carried out and who is responsible for such actions? We will give detailed answers to these and other questions within the framework of the topic “Current and overhaul of apartment buildings” in this article.

Common property of an apartment building

Since the maintenance and overhaul of apartment buildings refers specifically to common property, it would be appropriate to list what is included in it.

Simply put, common property includes everything that does not belong to specific owners, namely:

• Foundation.
• Facade.
• Roof.
• Water supply risers (hot and cold).
• Basement and equipment in it.
• Heat supply of the entrance.
• Entrance power supply.
• Room and elevator shaft.
• Mailboxes.
• Home security system (entrance door, intercom, video surveillance, security equipment, etc.)

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Overhaul

Overhaul apartment building- this is work in order to eliminate malfunctions of worn-out structures of a house, including their restoration or replacement.

Comprehensive overhaul is the repair of the entire building as a whole.

Selective overhaul is a repair of individual building structures or individual engineering equipment.

Many citizens of our country are dissatisfied, and often extremely indignant, having to pay for the cost of major repairs in 2020. This is explained by the fact that the sums of money have to be paid, regardless of whether this repair is required at the moment or you can completely do without it. In other words, people have to give money for repairs that can be carried out even in a few years.

Well, what to do?! According to federal and regional laws, Russians are required to pay contributions for capital repairs. The amount of payment is determined at the regional level, and the requirement itself has a legislative form in the form of amendments to the Housing Code of the Russian Federation.

Owners have the right to choose the method of accumulating funds that will be used for overhaul. They can be placed on the account of the regional operator or on a special bank account.

According to the regional program cash for the implementation of major repairs come from several sources:

• Payment for homeowners.
• Funds from the regional budget.
• Means of the housing and communal services fund.

The minimum amount of contributions is determined by the regional authorities, but at the request of the owners at the general meeting, it can be increased.

In most cases, it is impossible to refuse to pay for major repairs. Otherwise, this can lead to problems in the form of debt accumulation and penalties in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each overdue day. The procedures that can be applied to citizens who do not make contributions to the overhaul fund are regulated by the legislation of the Russian Federation.

As for the total debt of the owners of a separate apartment building, if the amount of payments is less than 50% of the amount of invoices submitted for payment, the state housing supervision authority is given 5 months to correct this situation.

If, after a certain time, the debt is not repaid, then the local government is notified about this, whose competence includes making decisions on transferring funds from the special account to the account of the regional operator. If the account holder refuses to take such actions, then in accordance with parts 8-10 of article 173 of the Housing Code of the Russian Federation, funds can be recovered in court.

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How to make repairs at the expense of overhaul funds?

It will depend on who will be involved in the overhaul (terms of reference, design and estimate documentation, construction supervision, customer, developer, etc.) or the owners themselves or they agree to take it upon themselves. Therefore, solutions may vary. Residents themselves choose a contractor and construction control, or authorize the MA, UK (with her consent) for all the troubles.
And do not forget that they have the right to offset the funds spent on overhaul against future contributions, if the next similar overhaul does not occur earlier than in the regional program

Who is exempt from maintenance fees?

Only residents of houses that are in emergency condition, subject to reconstruction or demolition, have the right not to contribute funds to the fund for the overhaul of apartment buildings. If the house was recognized as emergency after it was included in the overhaul program, then the funds from the fund will have to be used for the purpose of its reconstruction and demolition (according to Part 2 of Article 174 of the Housing Code of the Russian Federation).

According to Part 1 of Article 168 of the Housing Code of the Russian Federation, houses with less than three apartments should not be included in the overhaul program.

Rules for the overhaul

The rules for the overhaul are that it should begin no earlier than 9.00 am and end no later than 19.00. During the entire specified period of time, workers have the right to perform noisy work. On holidays and weekends, such work should not be carried out, since residents have the right to rest during the specified period. In turn, apartment owners need to be prepared for the fact that the overhaul of their home can take from 6 to 12 months. In this case, the speed depends on the complexity of the work performed and on the promptness of the workers performing them.

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Current repair of an apartment building

The current repair of an apartment building is a pre-planned work that is carried out in a certain time period (once a quarter, once a year).

Current repairs in an apartment building are carried out exclusively in relation to the common property of residents. In other words, such repairs will be completed to the door of the apartment.

The list of works that are included in the payment for current repairs:

• Sealing cracks and seams in walls and foundations.
• Sealing of wall cracks and seams.
• Relaying of some sections of brick walls.
• Sealing cracks and potholes in block and panel walls.
• Sealing seams and joints.
• Seal of openings of facades and walls.
• Restoration of individual sections of walls and cornices.
• Restoration of damaged plaster.
• Cladding restoration.
• Repair of individual architectural details that may fall.
• Stucco restoration.
• Restoration of waterproofing sections of the foundation.
• Strengthening the foundation.
• Change of individual sections of the foundation.
• Repair and ventilation device.
• Repair or change of blind area.
• Restoration of basement entrances.
• Sandblasting and washing of facades, balconies and loggias up to the 2nd floor.
• Insulation of windows in separate rooms that tend to freeze through.
• Replacement of drains on window openings.
• Repair and painting of facades of buildings (one-story and two-story).
• Partial replacement or reinforcement of wooden floor elements.
• Restoration of screed and backfill.
• Antisepsis wooden structures and their fire protection.
• Sealing of seams in joints of prefabricated reinforced concrete floors.
• Sealing cracks in reinforced concrete structures.
• Insulation of attic steel beams.
• Painting of attic beams.
• Strengthening the elements of the truss system.
• Change of individual rafters.
• Replacement of drainpipes.
• Partial roof replacement.
• Roof repairs..
• Replacement of individual sections of parapet gratings.
• Replacement of fire escapes and fences.
• Replacement of grounding devices at home.
• Restoration of eaves and ridge ventilation products.
• Repair of the attic covering (restoration of the insulating and waterproofing layer).
• Dormers repair.
• Rooftop repairs.
• Equipment for fastening safety ropes.
• Replacement of doors and windows.
• Replacement of door and window fixtures.
• Installation of springs, stops and closers.
• Replacing and strengthening certain sections of wooden partitions.
• Sealing of cracks in slab partitions.
• Repair of potholes and cracks in stairs and platforms.
• Partial replacement of steps and railings.
• Strengthening metal and wooden railings.
• Replacement of balcony railings.
• Installation and restoration of umbrellas over the entrances to the entrance.
• Installation of canopies over the entrances to the basement.
• Replacement of some sections of floors.
• Replacement of waterproofing floors.
• All types of work on troubleshooting furnaces and their relocation.
• Relocation of some sections chimneys and pipes.
• Recovery interior decoration(plaster, cladding, stucco, rosettes, etc.).
• Change of individual sections of pipelines.
• Installation of air faucets, if necessary.
• Insulation of pipes and expansion tanks.
• Relocation of boilers and pipes in the boiler room.
• Restoration of destroyed thermal insulation.
• Replacement of some electric motors and low power pumps.
• Storm drain and drain cleaning.
• Works on the repair of water supply and sewerage (replacement of internal fire hydrants, change of mixers, siphons, individual sections of the pipeline, replacement of individual units of water heaters, replacement of pumps and electric motors, insulation of water tanks, etc.).
• Replacement of individual sections of ventilation.
• Electrical and electrical repair work technical devices(replacement of faulty sections of the electrical network of the building, with the exception of residential apartments, replacement of sockets and switches, lamps, fuses, shields, etc.).
• Repair of special general house technical devices (built-in and roof boilers for heating and hot water supply, pumping units, cleaning and receiving Wastewater, general house installations for forced ventilation in houses with nine or more floors, fire extinguishing and smoke removal systems, intercoms, elevators, automated heating points, heat and water consumption metering units, dispatching systems, etc.).
• Repair of separate sections of destroyed sidewalks, paths and blind areas.
• Restoration of flower beds, lawns, sowing of lawns, planting shrubs and trees.
• Equipment of playgrounds (children's, sports, household, etc.).
• Equipment of platforms for dustbins and containers.

IMPORTANT! The list of works is necessarily reflected in the contract with the management company.

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The Prosecutor General's Office recognized the overhaul fees as unconstitutional

The Prosecutor General's Office agreed with the arguments of the deputies of the Just Russia party regarding the illegality of extortions for the overhaul of apartment buildings.

The party reports that the Prosecutor General's Office considers justified the arguments of the applicants about the inequality of the position of the owners who form the capital repair fund on the account of the regional operator, and the citizens who collect these funds on a special bank account.

The challenged norm does not specify the volumes and terms of the disposal of financial resources and does not determine the procedure for their return, which may create conditions under which the owners of the premises will not be able to dispose of the money transferred to the operator's account. This leads to a violation of the Constitution, according to the recall of the Prosecutor General's Office.
In turn, Ella Pamfilova, Commissioner for Human Rights in the Russian Federation, emphasizes that operators, by transferring money collected in one house for repairs in another, in fact, dispose of the funds of some owners without permission to fulfill obligations to others.

Earlier, bill No. 986339-6 was submitted to the State Duma, aimed at creating alternatives financing the overhaul of common property in apartment buildings.

It is proposed to provide the owner with the right to voluntarily choose the following methods of financing: formation of a capital repair fund; common property insurance and one-time cash fees.

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The State Duma proposed to suspend the payment of contributions for overhaul

A bill has been submitted to the State Duma to suspend for five years the operation of Articles 169 and 170 of the Housing Code of the Russian Federation in terms of the obligation to pay contributions for the overhaul of common property in an apartment building.

The authors of the project note that there is a growing distrust in society towards the very mechanism of overhaul, to regional operators, and as a result, to the authorities in general, since people see this reform as just another extortion.

In this regard, it is proposed to suspend for 5 years the obligation to pay contributions for the overhaul of common property in an apartment building and the formation of a capital overhaul fund. Presumably, this will provide an opportunity to develop a fundamentally new, working model of the overhaul system in the Russian Federation.

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