The fund will return contributions for major repairs to owners of premises in buildings with less than 5 apartments

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The possibility of obtaining a deferment of contributions for major repairs in new houses is provided for in clause 5.1. Art. 170 LCD. The norm states that contributions for major repairs in new buildings may not be collected for a period determined by the regional program, but not more than 5 years.

The newly built property is a great place to live. The communications of the new buildings are in perfect condition, the elevators and entrances have not been touched by local artists, the staircases are pleasing to the eye because they are clean and well-groomed. Current, and even more so major repairs seem to be a distant future.

But, in the monthly payment document, in addition to the bill for used utilities, a resident of a new building can see the line “major repairs”. How legal is this requirement? What does the current legislation say about contributions for major repairs in new houses?

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Normative base

Attention
In accordance with the Town Planning Code, the concept of “major repairs” combines measures that involve the replacement and restoration of structural elements of a house.

Article 169 of the Housing Code requires the repayment of contributions for major repairs in apartment buildings (MKD). The registration of receipts should be handled by the regional operator or an authorized organization (Article 171 of the Housing Code of the Russian Federation).

Based on Art. 189 of the housing legislation, residents can decide on the need to carry out repair measures before the deadline, but the final verdict must be made by the administration. If the required amount has accumulated in the account, then collecting additional funds for major repairs will not be required.

An owner who does not regularly make payments for major repairs is obliged to repay the debt within 5 months from the date of receipt of the message from the supervisory authority (Article 173 of the Housing Code of the Russian Federation).

The director of the legal department of the management company "Fund South" answers:

Our housing legislation does not link the warranty period for the developer to eliminate defects and the need to pay contributions for major repairs.
These are different things. An apartment in a new building, from the moment the developer signs the transfer deed and registers the right, becomes the property of the purchaser who bought it. Together with the ownership of the apartment, he has the right of ownership of the common property of the residential building: flights of stairs, roofs, basements, attics, elevators, etc. And from that moment on, the owner of the apartment is obliged to maintain this common property.

The obligation to make contributions for major repairs is derived from the owner’s obligation to maintain the common property of an apartment building at his own expense. Accordingly, it is necessary to understand where the funds to pay for major repairs come from. To regulate this situation, regulations on the formation of a special fund were adopted by law. The procedure for paying monthly contributions for major repairs of common property is established by Article 169 of the Housing Code of the Russian Federation.

What is the difference between the obligation to maintain common property and the right to demand that the developer eliminate defects within the warranty period provided by law? The warranty period is established by the Federal Law on Shared Participation in Construction No. 214-FZ, which states that within a five-year period the owner of the apartment has the right to demand that the shortcomings of the shared construction project that arose during this period be eliminated. Disadvantages can be of a different nature, and generally they are identified and eliminated when the shareholder accepts the apartment. Therefore, cases where the owner would apply for a guarantee are rare.

Unlike eliminating defects under warranty, major repairs are required when the life of a residential building is already quite long. The capital improvement fund, which is formed from contributions, is essentially cumulative, as it may be required after 20 or 30 years. By the time the house wears out significantly, it will be necessary to carry out major repairs of the entire building or, as a rule, its individual parts. And then the accumulated fund will be spent in full or in the amount of the cost of overhauling individual parts.

Do I need to pay contributions for major repairs in new houses?

Almost every owner of an apartment in a new building is concerned with the question: do I need to pay a fee for major repairs? It all depends on the region in which the building is located.

Attention

The possibility of obtaining a deferment is provided for in clause 5.1. Art. 170 LCD. The norm states that contributions for major repairs in new buildings may not be collected for a period determined by the regional program, but not more than 5 years.

Housing legislation relieves citizens of the obligation to make payments for major home repairs in the following cases:

• the accident rate and the need for demolition of a residential building, officially recognized (Article 169, Part 2);
• adoption by apartment owners of a decision to save funds for repairs in a special account (Article 170, Part 8);
• seizure by the state of a real estate property and the lands on which it is located.

The occurrence of circumstances does not exempt citizens from paying off accumulated debts. The Housing Code completely or partially removes the obligation to pay for capital repairs from certain categories of persons, but owners of apartments in new buildings who do not have additional privileges do not apply to them.

Is it possible not to pay for major repairs at all?

Ignoring receipts from the FKR may lead to the collection of debts for payment of utility bills (which include contributions to the Fund) in court. In this case, the owner will have to pay not only the amount accrued over the past period of time, but also penalties that have accrued since the termination of payment, as well as legal costs that resulted from the plaintiff going to court.

In addition, you need to know: debts for major repairs are not written off when the apartment is sold, but are transferred to the new owner in full and are payable regardless of the fact that a change of owner has occurred.

So, federal legislation does not provide for the exemption of homeowners in new buildings from paying contributions for major home repairs. At the regional level, depending on the decision of the municipality, a short-term deferment of payments may be provided, but its validity period can only be found on the official websites of the regional administration. The optimal solution for homeowners in new buildings is to carry out targeted fundraising for the needs of their own household by opening an individual personal account and exercising full control over the expenditure of funds.

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When does the obligation to pay contributions for major repairs begin in new buildings?

Housing Code, namely, clause 5.1. Art. 170 allows local authorities to develop and approve their program, including a period during which owners of new housing may not collect money for future structural restoration and repair of utility systems. The maximum duration of the period is 5 years. The mark was not chosen by chance, since the identification of any deficiencies during this period must be eliminated by the developer (Federal Law No. 214, Part 5, Article 7).

IMPORTANT

If the house has not become a participant in the regional project on deferring contributions for major repairs, then residents of the new building must contribute funds for future capital construction from the moment of the start of operation.

Regional conditions

Regional authorities are developing bills to regulate payments for major repairs of new buildings. The exact date of delivery of the MKD depends on the decision of the authorities of a particular region. Contributions for major renovations may be required after 2 or 3 years.

Accurate information about how many years residents have not paid for repair services can only be obtained after familiarizing themselves with the situation in their region.

The conditions of the subject are superimposed on the developer’s warranty obligations, that is, fees will still be collected. With their help, a fund is created that subsequently ensures timely major repairs.

Postponement

It happens that the deadlines set by the state do not suit the residents of the new home. For example, in the Tula region, fees for major repairs are charged 3 years after the completion of the house. Since residents received a five-year warranty from the developer, they may be angry about paying this fee ahead of time.

If apartment owners are confident that they will not need home repair services in the near future, then they have the right to ask for a deferment . The decision is made at the general meeting. The administration should meet with them; the issue is being considered by the housing commission. In accordance with regional legislative norms, the deferment period for payments is determined after the building is put into operation.

The deferment is based on clause 5. 1 of Art. 170 of the Housing Code, which states that the deadline for collecting fees may be postponed if the new building falls under the regional program. To obtain it, you need to submit an application to local authorities.

The application must be based on federal law . In additional documents it is necessary to indicate the exact date of delivery of the house in order to calculate the monthly payment.

After assessing the condition of the new building, a deferment is issued or a refusal is written. This decision cannot be canceled, even if you receive a refusal, do not despair, as this is an opportunity to obtain the formation of a repair fund ahead of schedule.

After assessing the actual condition of the building and reviewing the application, specialists set a deadline when money for major repairs need not be transferred.

The deferment is not allowed for those new buildings in which the service life exceeds 5 years. Overhaul fees will be charged in any case.

Amount of contributions for major repairs in new buildings

The amount of the contribution for major repairs in new houses directly depends on the procedure for forming this fund.

The amount of payment may vary depending on the condition of housing in the region. The municipal government sets the minimum rate for 1 m2 of housing, and the final size is determined based on:

• room area;
• type of structure.

For example, if the fee for 1 sq. m. in the region is 6 rubles, then for 60 sq. m. the owner of the apartment must pay 360 rubles monthly.

Consequences of non-payment

The home owner is obliged to pay for the benefits of civilization no later than the 10th day of the month following the one in which the services were provided. The formation of the capital repair fund is included in the main receipt and is subject to payment in a similar manner.

Ignoring requirements may result in the following penalties:

• debt on contributions for major repairs up to 2 months is punishable by a penalty calculated in accordance with the norms of Part 14.1 of Art. 155 Housing Code of the Russian Federation;
• a delay of more than 6 months may result in a court decision, according to which the defaulter is obliged not only to repay the debt, but also to pay a penalty, a fine and the costs incurred;
• in case of failure to comply with the requirements of the servants of Themis, bailiffs intervene in the situation, whose powers allow them to: seize money accounts or property, prohibit the defaulter from leaving the Motherland, etc.

The law does not allow depriving a defaulter of his only real estate.

Owners of apartments in buildings that have just been put into operation must also save for future capital work, with the exception of: the period of deferment, the recognition of the building as unsafe, or the seizure of land and premises into state ownership.

Cost of overhaul

Contributions for major repairs in new buildings are a mandatory payment, which is supported by Art. 169 Housing Code of the Russian Federation. The owners of high-rise buildings are responsible for paying monthly contributions for major repairs of common property.

Payments for overhauls begin to be made after three months from the date of official approval of the regional overhaul program. It is important to note that the money is used both for repairs of one’s own and another residential building.

The amount of payment differs for individual constituent entities of the Russian Federation: the determination is carried out by local authorities in accordance with Parts 8.1, 8.2 of Art. 156 Housing Code of the Russian Federation. The size of a specific utility fee is determined by the square footage of the apartment . At the request of the residents, the payment increases, but the cost cannot be reduced.

Please note: the condition of the building does not affect the calculation.

Amount of contributions by constituent entities of the Russian Federation

The Moscow region uses the following scheme: the square footage of an apartment is multiplied by 8 rubles 65 kopecks. In Moscow, the minimum contribution is 18.86 rubles per square meter. The same figure in St. Petersburg is 6.75 rubles per sq.m.

For example, for a 2-room apartment with an area of ​​54 sq.m. you will need to pay: in the Moscow Region - 467.1 rubles; in Moscow – 1018 rubles; in St. Petersburg – 364.5 rubles.

Contribution benefits

Some residents have subsidies that allow them to reduce fees or eliminate them altogether. Such benefits apply to both residents of new buildings and old apartments.

Compensation in 2021 is paid:

• 100% – for single pensioners who are over 80 years old;
• 50% - pensioners over 70 years old, families with disabled children, disabled people of groups 1 and 2.

The state supports large families, labor veterans, and Chernobyl liquidators.

The list of exemptions from paying for major repairs is specified in Articles 169, 156, 170 of the Housing Code of the Russian Federation.

To apply for a subsidy, a written application to the capital repair fund at the place of residence. You must attach all documents that give you the right to the benefit.

Deferment of payment of contributions for major repairs of a new home

Many owners of primary housing do not agree with the requirement to pay for major repairs, approved at the legislative level. This is not surprising, because construction work was completed quite recently, and in accordance with modern requirements, the developer is responsible for the constructed facility for 5 years.

Attention

Based on the officially recorded opinion of the majority, the owners of apartments in a new building can petition to postpone the start date for collecting funds for future capital works. The completed application must be submitted to the Housing Commission for consideration. Based on an assessment of the condition of the residential building, as well as consideration of the arguments of the property owners, specialists issue a permit for a certain period of time or draw up a justified refusal.

Residents of apartment buildings whose period of operation has already exceeded 5 years cannot count on postponing the payment period.

Deferred payments

It is impossible to avoid paying for major repairs in a new building, but there is the possibility of deferment.

The rules are spelled out in Article 170 of the RF Housing Code:

• the method of forming a capital repair fund is decided no later than two months after the official publication of the regional program;
• the management company convenes a meeting where the issue of forming a capital repair fund is decided, if this was not done within the first month;
• in the absence of a specific decision, the management company makes a decision based on the instructions of the regional operator.

Thus, if the house was commissioned relatively recently, then the regional authorities will defer the start of contributions for 3-5 years from the date of use of the building. According to Russian law, a new building is a house, a building constructed and put into operation no more than three years ago.

Each region has its own requirements and definitions, after how many years, and how the receipt will be paid, so the rules and exact time can be explained in the department of the fund for major repairs or in the city administration. An application signed by all residents of the building is also submitted there.

Exemption from payment

You can be completely exempt from mandatory contributions.

There are several ways:

• renting out premises. The tenant pays for rent, and a fee is paid from this money;
• independently carrying out major repairs without creating a fund. At the general meeting, the required work and its implementation are discussed. A responsible person is appointed who will be responsible for hiring a work team, purchasing materials and other activities. Money is collected from each apartment, and after completion of the work a full estimate is provided;
• rendering of the façade for advertising. Advertising banners/boards and other devices can be installed, and the money received is used to pay for major repairs.

The management company and residents enter into an agreement to organize payments, so the cost is included in a single receipt for the apartment. At the same time, it is clarified whether the contribution for major repairs has been reduced or cancelled.

Contributions for major repairs in new buildings in Moscow and the Moscow region

The amount of payment for major repairs is determined by the Government of the Moscow Region annually as part of the implementation of a regional project. The amount of the contribution directly depends on the rate in rubles per 1 sq. m. m. of housing owned by the owner.

According to local authorities, citizens living in the Moscow region must pay 9.07 rubles per sq.m. monthly. for planned major repairs. For metropolitan property owners, the same rate in 2021 is 17 rubles/sq.m.

Current legislation obliges all residents of apartments in apartment buildings to pay receipts, including for major repairs. The requirement does not apply only to low-income citizens who receive financial support from the state, military veterans and honored workers.

Contributions for major repairs in new buildings in St. Petersburg

In April 2021, deputies of St. Petersburg considered different options regarding the timing and procedure for making contributions for major repairs. For example, the parliamentary opposition has constantly voiced a proposal to apply a deferred payment for major repairs for houses that have only recently been put into operation, and the developer still bears responsibility for their integrity and safety. The majority decided that it is not necessary to collect funds for future restoration of structures or utility networks only within 8 months from the date of delivery of the house. The minimum contribution for major repairs in new buildings in St. Petersburg is 3.06 rubles/sq.m. and is defined by regional Decree No. 1007, adopted at the end of 2021.

Anatoly Koshurnikov, director of the Sminex comfort department, answers:

The contribution for major repairs is not payment for the work itself, but the accumulation of money for future repairs.
Major repairs mean the repair of a building to eliminate faults in its structures and engineering equipment systems, as well as maintain the operational performance of the house and its functional purpose. The overhaul of an apartment building (AMD) includes repairs of roofs, foundations, facades, elevators, intra-building engineering networks with metering devices and basements that are part of the common property. Where do contributions for major repairs go?

Are major repairs included in utilities?

There are two ways to form a home capital repair fund: accumulate contributions in a special bank account of an apartment building and accumulate contributions from a regional capital repair operator.

Payment for maintenance and ongoing repairs of common property of the house includes fees for services and work on managing an apartment building, as well as maintenance and ongoing repairs of common property.

The Government of the Russian Federation has approved a minimum list of such services and works for an apartment building (RF PP No. 290 dated 04/03/2013):

• work necessary for the proper maintenance of equipment and engineering support systems that are part of the common property in the apartment building;
• work necessary for the proper maintenance of load-bearing structures (foundations, walls, columns and pillars, floors and coverings, beams, crossbars, stairs, load-bearing elements of roofs) and non-load-bearing structures (partitions, interior decoration, floors) of MKD;
• works and services for the maintenance of other common property in the apartment building.