2 ways to find out which houses are included in the capital repair program for apartment buildings? If the building is declared unsafe or is under warranty, do I need to pay for major repairs? Deductions and general

The majority of Russian citizens express genuine interest in issues related to the major renovation of an apartment building (MKD) and the range of work that it includes. The trend of growing popular interest in these issues is understandable and predictable. According to the requirements of the Housing Code (LC) and taking into account the amendments made to it in 2014, owners of residential premises in apartment buildings are required to bear regular personal expenses in the form of contributions intended for major repairs of houses. The money goes to specialized funds.

These amendments caused a strong public outcry: not every citizen understood why he was obliged to pay for major repairs of apartment buildings from his own pocket. Each subject of the Russian Federation has its own program for the overhaul of apartment buildings.

Overhaul: waiting list

Before talking about the order of major repairs of apartment buildings, it is advisable to touch on the basics of the Federal legislation (FL) regulating this issue.

The order of major repairs of apartment buildings should be established by a regional level program.

The priority directly depends on how dilapidated the house is and in need of repair work. By law, the priority is established for a period of thirty years.

Regional level programs contain the following information:

1. List of apartment buildings that are classified as emergency and have more than two apartments.
2. List of required works.

• Calendar start time.

In order to maintain the information base up to date, the law requires regular technical inspections to monitor the “well-being” of the MKD. Thus, information in the database is updated annually.

Based on the information received from the management company (or HOA), a decision is made to carry out, or not to carry out, a major overhaul of each specific apartment building. In this matter, deviations of the “health status” of the apartment building from the building standards established by the Housing Code are taken into account.

When establishing priority, regional programs take into account the following information:

1. Temporary service life of residential apartment buildings.
2. Calendar time of the last major overhaul.
3. Availability of fullness of the common house “piggy bank” for capital needs.
4. The level of wear and tear of the house.
5. Footage of the house.
6. The volume of capital labor investments that are required for each specific building.

Anyone can obtain information of interest about everything related to major repairs in a house by going to the “territory” of the official Government portal (www.reformagkh.ru). There you can familiarize yourself with the approved plans, which are coordinated by the State Housing Supervision Department.

What is a major overhaul?

The Civil Code of the Russian Federation talks about the concept of overhaul. It includes certain actions of the relevant services to restore or replace certain elements of structures.

The answer to the question of what is included in the overhaul of an apartment building will be in three main areas:

1. Strengthening building structures and their main elements.
2. Repair of load-bearing elements of the building.
3. Replacement or reconstruction of engineering and technical communications.

During this work, a decision is made to eliminate faulty elements of the structure. After this, restorative repairs are carried out, replacing worn parts with similar or parts with improved properties.

Overhaul program: what does it include?

In the initial part of the article, we found out what the concept of “major repairs” is and why homeowners of apartment buildings are required to pay for its implementation by contributing personal money to a trust fund. Now we propose to understand what obligations related to carrying out major repair work the state bears to citizens, and what is being done under the major repair program.

The list of works can be found in the text of Art. No. 166, part 1 of the Housing Code of the Russian Federation. Here is a list of mandatory work carried out during major repairs:

1. In-house engineering systems must be repaired, such as: electricity, heating, hot/cold water supply, gas supply, water drainage.
2. Elevator equipment must be repaired or replaced.
3. Roofing work must be carried out.
4. Basements (common property) must be repaired.
5. Façade and foundation repairs must be carried out.
6. Repairs to the underlying foundation must be made.

In addition to the above list of capital works, each constituent entity of Russia can supplement the work list at its discretion by including the following items:

1. Measures to insulate the façade of a building.
2. Activities aimed at converting a non-ventilated roof into a ventilated roof.
3. Work on organizing passages to the roof surface of multi-family houses, etc.

In addition to the above, other types of work may be included. To expand the list of capital works, residential property owners must vote at a general meeting to ensure that the amount of the monthly contribution exceeds the minimum value. Then, based on the voting results, the owners will be able to spend the money paid “excessively” on repair work at their discretion.

Overhaul program in important nuances

The types and timing of work are approved for each specific apartment building: not only the “physical” condition of the residential building is taken into account, but also its age. To find out the types and timing of planned capital works of apartment buildings, you must contact:

• or to the information on the website of the overhaul program approved at the regional level;
• or go to the “territory” of the “Our City” portal: enter your residential address and house number in the search column; then select the “Apartment buildings” section on the right; then select the section “Regional capital repair programs”;
• or go to the “territory” of the Moscow City Hall website (mos.ru).

Important note! According to the plan, the regional-level overhaul program will last until 2044. This program is updated annually. A complete list of capital works in relation to apartment buildings that need repairs between now and 2021 can be found on the “territory” of the website called “Modern Apartment Overhaul Fund”.

What work can be performed during both major repairs and current repairs?

If you approach selectively and thoughtfully the list of works that are required during a major overhaul, and compare with a similar list of routine repair works, you can easily notice that there are similarities between them.

We suggest you figure out what kind of work is both a major overhaul and a current one. For ease of understanding, here is a table of general work:

The range of work carried out during major repairs and current repairs in apartment buildings must be formed individually, taking into account the needs of each specific building, through the adoption of a house-wide joint decision between the apartment owners and the contractor organization that has passed selection competitions for carrying out repair actions.

Each region of the country has a regional program for the overhaul of apartment buildings, both in cities and in populated areas.

What kind of repairs are included in the concept of major renovation of a residential premises?

According to the social tenancy agreement, the landlord is obliged to carry out major repairs of the residential premises. What exactly needs to be repaired?

In accordance with Part 1 of Art. 60 of the Housing Code of the Russian Federation, the lessor under a social tenancy agreement is the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him.

Article 681 of the Civil Code of the Russian Federation provides that current repairs of rented residential premises are the responsibility of the tenant, and major repairs of rented residential premises are the responsibility of the landlord, unless otherwise provided by the rental agreement for residential premises.

The obligation of the landlord to carry out major repairs of the residential premises is also established in clause 3, part 2, art. 65 Housing Code of the Russian Federation.

The rules and regulations for the technical operation of the housing stock, approved by Decree of the State Construction Committee of Russia dated August 27, 2003 N 170, provide for the maintenance and repair of the housing stock.

Decree of the Government of the Russian Federation dated May 21, 2005 N 315 approved the Standard Social Tenancy Agreement for residential premises, which stipulates the obligation of the tenant to carry out routine repairs, and provides a list of such work. Repair work not related to routine repairs, the responsibility for which is assigned to the tenant, must be carried out by the landlord.

Current repairs of the occupied residential premises, carried out by the tenant at his own expense, include whitewashing, painting and pasting of walls, ceilings, painting of floors, doors, window sills, window frames on the inside, radiators. as well as replacement of window and door fixtures, repair of internal engineering equipment (electrical wiring, cold and hot water supply, heat supply, gas supply).

At the same time, the legislator made a reservation according to which these works can be carried out at the expense of the landlord if they are caused by the malfunction of individual structural elements of the common property in an apartment building or the equipment in it or are associated with major repairs of the house.

There is no clear, closed list of work to be performed by the landlord. And first of all, the issue of determining the scope of work should be regulated by a social tenancy agreement.

If we talk about the legal regulation of this issue, then it is worth mentioning Part 2 of Art. 66 of the Housing Code of the Russian Federation, the interpretation of which allows us to conclude that there is an obligation to carry out major repairs in general and replace devices located in residential premises and intended for the provision of utility services, in particular.

The rules and regulations for the technical operation of the housing stock allow the landlord to require replacement of electrical wiring, intra-apartment wiring of cold and hot water supply, drainage and heating systems.

Source

Apartment buildings left outside the capital repair program

The legislation stipulates that the state must provide assistance to housing owners when organizing major reconstruction of houses.

Municipal authorities and owners of apartments in apartment buildings have to create a fund on their own to carry out major repairs, in order to then carry them out as part of the state program for the overhaul of buildings.

This program is a set of targeted measures aimed at carrying out repair work on the common property of apartment buildings. The responsibility of apartment owners includes the mandatory requirement to maintain housing in proper order, which is regulated by Art. No. 210, 211 Civil Code of the Russian Federation.

We invite you to find out which multi-apartment housing buildings are not included in the major repair program:

1. These are apartment buildings that are subject to demolition (or reconstruction).
2. These are apartment buildings with less than five residential premises.
3. These are apartment buildings, participants in the renovation program.
4. These are MKDs with a wear level of 70% or more.
5. These are apartment buildings that are recognized as non-residential.
6. These are apartment buildings, the cost of repairs of which is greater than the maximum price established by the regulations on major repairs.

Money going to the capital repair fund is included in mandatory utility bills. The amount is calculated based on the square footage of the apartment: in Russia it is six rubles (in Moscow it is much more expensive: fifteen rubles).

The owners of the above residential buildings are not required to pay funds intended for the formation of a capital repair fund for apartment buildings. And if such owners receive receipts for payment of money to the above-mentioned fund, they must contact:

1. To the Moscow information service.
2. To the organization of the Overhaul Department, through the services of an interactive reception.
3. To the Moscow Capital Repair Fund (it is possible to make an appointment through the electronic reception).

Who finances the overhaul of the common property of apartment buildings

Before the amendments to Federal Law No. 271 acquired legal force, all major repairs and finishing of residential buildings were financed from the budget of the Housing and Communal Services Reform Fund. Then it was decided to shift this responsibility to the residents, which caused a storm of indignation. A group of deputies filed a lawsuit in the Constitutional Court to check the legality of this requirement. The Constitutional Court made a unanimous decision that the requirement to pay fees is legal, since the repairs are carried out in the interests of the residents themselves. Having learned what a major overhaul is and what work is involved, you need to wait to receive an invoice for payment. The contribution amount is included in monthly payments for housing and communal services. Each city and region sets its own standard, for example, in St. Petersburg, the amount of deductions to pay for major repairs of apartment buildings is determined as 2 rubles per 1 sq. m. m, and in the Tyumen region this figure was increased by 20 rubles.

Major repairs and its fund

The Capital Fund for Repair Work is a public “piggy bank” that is formed through:

• monthly contributions of apartment owners;
• penalties required to be paid in addition to contributions;
• interest accrued for using money from profile accounts.

In addition, the Overhaul Fund receives funds from the rental of premises classified as common areas (basement, basement, etc.). The housing complex imposes on apartment owners the costs of maintaining the apartment building, including major repairs.

The formation of the Fund can be formed in two ways:

1. By transferring money to a profile account.
2. By transferring money to an account belonging to a regional operator.

The owners of apartment buildings cannot get together, agree among themselves and start collecting money for the common house “piggy bank”. In order to have the right to collect funds and form a capital fund, you must open a profile account for an apartment building.

Then homeowners will have the opportunity to control financial income. The collected money can be transferred “into the hands” of the regional operator who is responsible for carrying out repair activities in a specific region of the country.

According to Art. No. 174 Housing Code of the Russian Federation, from the created fund you can finance:

• overhaul activities;
• activities for the development of project documentation;
• control measures over construction work;
• repayment of credit loans and interest on them.

State beneficiaries receive compensation from the “hands” of the state, but do not receive complete exemption from paying contributions to the general house capital repair fund.

Only those residents who are not the legal holders of residential premises should not make payments: tenants and citizens who live on the basis of a social rental agreement.

Major and current repairs

Homeowners should also know what constitutes a “major renovation.” It should not be confused with ongoing efforts to restore building elements. Their differences lie in the peculiarities of the rights and obligations of the parties to the contract.

Thus, in the documentation for renting or renting real estate, current repairs fall on the shoulders of the tenant. But major reconstruction is the responsibility of the landlord. Therefore, the tenant must systematically take measures to prevent premature wear and tear of the finishing, communications and structures of the building. His responsibilities also include repairing minor damage.

But during a major overhaul, an element of the building that has already fallen into disrepair is completely changed or restored. It is funded solely by targeted payments from homeowners.

Overhaul of apartment buildings and the procedure for its implementation

Each subject of the Russian Federation has developments in terms of regional-level programs regulating major repairs in the conditions of apartment buildings, and implementation deadlines.

At the municipal level, special structures are being formed to carry out centralized capital measures. Such structures are called “Regional Operator”.

This organization carries out a cycle of organizational actions regarding fundamental repairs in the conditions of each specific house in the case where the owners of residential premises do not want to be responsible for the implementation of major repairs.

Owners of apartment buildings have the right to organize capital repairs on their own, but on the condition that they have formed a special general capital repair fund.

The order of priority for major repairs is determined taking into account the criteria established by the laws in the territories of the constituent entities of the country. There are four ways to find out about the order:

• by contacting the HOA (if it is formed);
• by contacting the management company;
• by contacting the municipality or city administration;
• by contacting the housing and communal services service.
• by accessing the information on the Housing and Public Utilities National Bureau portal.

According to the text of Art. No. 189 of the Housing Code of the Russian Federation, the time allotted for carrying out repair actions must be discussed and approved at a general meeting of owners of apartment buildings.

Overhaul process

Making a decision about the need for major repairs does not come instantly. There is a set procedure for completing this process. Initially, the relevant authorities will inspect the building. They prepare an estimate for repairs. Then the actions described in the documents are performed. At this stage, technical and designer supervision of the work is carried out.

During the major renovation, an energy survey of the house is also carried out. The work is completed by a technical inventory, as well as certification of the building.

What is included in a major renovation of a residential building varies greatly depending on many factors. If property owners deem it necessary, they can agree at a general meeting to increase the minimum rate of contributions to the trust fund. This is necessary to expand the range of additional work.

Summary

In order for your apartment building to be included in the priority list for major repairs, it is necessary that the house has a form of HOA management. It is required to hold several meetings with the full complement of homeowners in order to identify exactly the range of work that is needed for a particular home, as well as calculate the cost of the work.

The apartment building must be assessed by a special commission of experts. They will be able to determine the real “health” of the house and determine whether it needs major repairs. Then a work estimate is drawn up. It includes the money that the state allocates for repair activities and collected by citizens - owners in the form of contributions.

The owner of an apartment building, if desired, can find out the necessary information about the capital repair program by contacting the appropriate electronic sources. Some MKD lists are not included in this program.

Types of overhaul

There are two types of overhaul. The decision to carry out each of them is made based on the results of studies of structural elements. Depending on the volume, the following works included in the overhaul of an apartment building are distinguished:

1. Comprehensive renovation. It is carried out if it is necessary to restore all damaged elements of the common building stock. During the work, the building is given all the characteristics that meet the operational requirements.
2. Selective reconstruction. This type of overhaul involves drawing up a specific list of work that is aimed at restoring or replacing only individual components. The building is not being completely reconstructed. Only individual elements of its engineering communications.

Major renovations in the apartment

When examining what is included in a major overhaul, you should also take a closer look at the interior work. They are also carried out from a trust fund. This includes painting the ceiling, walls, radiators, pipes, etc. All communications are subject to repair. At the expense of the owners, redevelopment and improvement of the decoration of the apartment can be carried out.

This is why an agreement is concluded. It specifies a detailed list of works, as well as deadlines for their completion. This document gives the right to receive a guarantee for a period of at least 2 years.

Having familiarized yourself with the list of what is included in the overhaul of an apartment building, each property owner will be able to competently approach the issue of maintaining their home in a suitable condition.

Methods of accumulating funds

Payments for major repairs were introduced on January 1, 2014 .

Until August 1, 2021, residents had to decide which cash accumulation option would be used:

• special fund , it is managed by a regional overhaul operator,
• bank account opened based on a decision of a meeting of residents.

Residents can open a bank account at any time.

To do this, the amount of contributions . It cannot be less than the minimum amount. capital repair fund within 5 days .

The decision becomes effective only after 6 months . The money is then transferred to the account.

of all houses are required to make contributions . A house that has just been put into operation is exempt from paying for major repairs for a period of 3 to 5 years .

This issue is left to the discretion of the subject of the Russian Federation . In any case, this period cannot be less than 3 years.

Funds collected from residents are used for a significant amount of work .

Does not include:

1. houses with structural deterioration of more than 70% ,
2. emergency houses,
3. buildings that are to be demolished or reconstructed ,
4. houses whose repairs exceed the established maximum cost,
5. children's and sports grounds,
6. plumbing and interior decoration of apartments.

Transfer money to a special bank account or to a regional operator account: which is better? Watch in the video:

What work does a major overhaul include?

The overhaul includes the replacement of all types of communications, functional elements and finishes that have become unusable or outdated:

• plumbers;
• water supply systems;
• heating;
• electricians;
• plastering on walls and ceilings;
• screeds, wooden floors;
• finishing of functional openings (windows, doors).

A major renovation of apartments also includes the demolition and erection of partitions and the expansion of openings.

Note: for redevelopment of an apartment that involves the dismantling of internal partitions, permission from the relevant services is required. Partial or complete dismantling of load-bearing walls is strictly prohibited.