General information from this law
There was real confusion in the housing sector until December 2012. Many citizens are accustomed to the fact that major repairs are carried out by the state , while others have long paid for the modernization of their apartment building from their own funds (read how legal such fees for major repairs are here, and from this material you will find out whether such contributions were declared illegal by the Constitutional Court and the Prosecutor General's Office of the Russian Federation ).
In December 2012, the Government of our country adopted Law No. 271 - Federal Law on Major Repairs - and signed by the President of the country. This regulatory act not only introduced a grain of reason into the Housing Code, which had been confusing up to this point, but also contained some innovations. You can learn more about the innovations that have been introduced into the legislation regarding major repairs recently from a separate publication, and if there is a law in the Russian Federation regulating the procedure for carrying out major repairs, read here.
This regulatory act was called the Federal Law on Amendments to the Housing Code of the country, as well as some other regulations No. 271 of December 25, 2012. The Federal Law on Payment for Major Repairs conveys information that citizens are required to pay their own fees for major repairs . Before this, no law had ever regulated this item.
In addition, now the Federal Law on the exemption of fees for major repairs has also acquired a list of persons who, to one degree or another, are fully or partially exempt from payments . Until the release of Law 271 on capital repairs, the categories of beneficiaries were not clearly defined, and this issue remained under regional rather than federal jurisdiction.
The new regulatory legal act has become a kind of code that contains all the nuances of implementation and preparation for major repairs. It is curious that the Federal Law on the payment of contributions for major repairs, at the official level, allowed the regions to independently set the cost of the contribution for each square meter of real estate.
Reference: cities of federal significance (Moscow and St. Petersburg) must pay amounts slightly higher than other settlements of regional or district significance.
The reaction of citizens to this regulatory act was ambiguous. Someone was glad that the time of arbitrariness on the part of unscrupulous owners and employees of management organizations would finally end and the repairs would be carried out not only in accordance with the deadlines, but also in accordance with the regulations. Some, on the contrary, were outraged by the legally established obligation to pay contributions without fail .
Some did not like the inflated prices for tariffs in comparison with other regions, and others were horrified by the established sanctions for non-payment (Article 155). One way or another, Federal Law 271 - the Federal Law on Major Repairs, did not leave anyone indifferent, however, its individual articles deserve close attention.
However, this normative act cannot cover all issues related to overhaul. Thus, issues related to the formation of the fund relate to Law 185 on capital repairs. The nuances of carrying out major repairs and the selection of personnel to carry out the work are not related to the maintenance of these acts. However, to do this, you can refer to the Federal Law and, by placing a tender, select the most profitable supplier of services and materials.
Private lawyer Alexey Timofeev answers:
The management company explains it incorrectly, but it most likely acts absolutely correctly. The Housing Code of the Russian Federation provides a number of grounds under which apartment owners are exempt from the obligation to pay contributions for major repairs. Among them, there is no such reason as the fact that the house is under warranty from the developer.
The fact is that the capital repair program and the developer’s warranty obligations are of a different nature. Warranties are short-term, and major repairs are planned decades later. Major road repairs, therefore, the legislator says, it is necessary to collect funds for it now.
In part 5.1. Art. 170 of the RF Housing Code establishes that the obligation to pay for major repairs arises for owners of apartments in new buildings after the expiration of the period established by the constituent entity of the Russian Federation (but not more than five years) after the house has been included in the regional major repair program. This period is established by Part 3.1. Art. 75 of the Law of Moscow dated January 27, 2010 No. 2 “Fundamentals of housing policy of the city of Moscow” and is equal to six months.
What does the law say?
Federal Law on major repairs of apartment buildings 271
The adoption by the State Duma of this Federal Law was the beginning of the creation of a legal basis for the implementation of capital repair mechanisms in all regions of our country.
The main innovation in this act was the assignment of responsibilities for financing these works to the owners of premises in an apartment building.
Thus, Article 170 of this law states that the capital repair fund is formed by contributions from owners commensurate with the size of the property. Unfortunately, the law does not provide for amendments regarding liability for failure to carry out major repairs for owners and government agencies. But more than half of our country’s housing stock needs work.
It is important that the amendments made to Article 166 have now finally clarified the situation in terms of what specific work is included in the overhaul . Residents can familiarize themselves with the list and check for themselves how well the repair work has been carried out. What if you don’t pay for major repairs under Law 271? Despite all of the above, responsibility for the maintenance of housing in an apartment building lies with the owners in accordance with Article 158 of the Housing Code.
Overhaul according to Federal Law 185
Federal Law 185 on capital repairs of apartment buildings dated July 21, 2007 talks about exactly how the capital repair fund is formed, how it is opened, and also which structures can be entrusted with this action.
This regulatory act is a kind of manual for homeowners in an apartment building, which will tell you how to act after the delivery of the house when opening a fund for major repairs. It is useful for residents to know not only how this fund is formed, but also how specific checks and reporting on spent funds are carried out (Article 13 of the law).
In addition, it is important for residents to know that if they are in line to receive major repairs in their home, they can count on subsidies from the state. There are a number of state and regional programs that help citizens obtain additional funds for modernizing premises. This regulatory act, namely Article 20, describes the nature of subsidies, as well as the method of receiving them.
Major repairs according to 44 Federal Laws
Federal Law No. 44 of April 5, 2013 is considered the main regulatory act in the field of government contracts and procurement.
It is there that tenders are awarded and suppliers of various materials and services offer their services.
Many government organizations, including administrations and management companies formed by homeowners' associations, resort to this law in order to carry out major repairs in the most profitable manner.
This regulatory act talks about how to become a procurement participant, how to form tenders, select suppliers and what requirements your orders must meet. This law also describes the nuances of various types of procurement (Article 108 of the law).
Important! If you are new to the procurement field, you can first familiarize yourself with the general provisions , which will reveal to you the meaning of this process.
On our website you can also find out in more detail how the law regulates issues related to major repairs, what is said regarding this in the decisions of the Government, the Supreme Court and the Constitutional Court of the Russian Federation, and whether it is possible in court not to pay contributions for major repairs.
Oleg Shein was a co-author of the law on major repairs
As it turned out a little later, Oleg Shein was a co-author of the law on major repairs, this can be understood from the post of deputy Alexander Kamanin, who published handouts on the adoption of the law on major repairs (link to this post by Kamanin).
Screenshots from the journal of deputy Kamanin, from which it becomes clear that Oleg Shein was a co-author of the law on major repairs together with acting. O. Governor of the Astrakhan region Konstantin Markelov:
Yes, Oleg Shein, instead of organizing a campaign of popular resistance against the law on major repairs, actually turned out to be its co-author. Shein began to amend the bill, citing the fact that he was improving it. Although in 2013 many listened to him and would have joined the protests of popular anger, but...
...Shein chose badges, pieces of paper, officially called government awards and certificates, issued by representatives of the United Russia party, as well as promises to receive the coveted mandate of a deputy of the State Duma of the Russian Federation. For this, he even traveled to the regions and persuaded local activists and deputies not to oppose the law on major repairs, but even better - to support it. Now everyone is crying and paying like hell...
Have any changes been made?
These regulations are constantly subject to amendments and additions. Thus, Federal Law No. 44 on public procurement is subject to changes annually. As of today, the edition dated June 2, 2016, number 21, is in effect. Reaction 22 of June 2, with changes that have not yet entered into force, is being prepared for entry into force.
As for Federal Law No. 185, this act has been amended more than 30 times. Today, for Federal Law 185 - major overhaul, current edition 32 dated June 2, 2021 . 271 of the Federal Law on the major repairs of apartment buildings, as amended, has only two editions, since it is very new and so far suits the State Duma. Today the second edition dated June 29, 2015 .
We describe in a separate publication what changes regarding major repairs have been made to legislative acts recently.
In order to demand legal overhaul, the residents themselves first need to be familiar with the rules of law and know where their rights and interests begin and end. Only awareness guarantees that your interests are served.
What can the capital repair fund be used for?
Using the money from the capital repair fund, you can carry out work and organize services for carrying out major repairs in the apartment building. Such works and services include:
- repair of in-house engineering systems;
- repair or replacement of elevator equipment deemed unsuitable for operation;
- repair of elevator shafts;
- roof and basement repairs;
- insulation and repair of the facade;
- foundation repair;
- installation of common house meters for metering consumed resources.
That is, if the owners decide to change the gas pipes located on the facade of the house, such work can be organized at the expense of the capital repair fund. But it will not be possible to make cosmetic repairs to the entrances using the money from the capital repair fund.
Who pays contributions for major repairs of common property in apartment buildings
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