Replacement of windows in a municipal apartment, major repairs of municipal housing

Municipal apartment: rights and obligations of residents

Despite the housing privatization program, which has been going on in the Russian Federation for decades, quite a lot of apartments are still owned by municipalities (municipal housing).

There are several types of such apartments:

Provided housing to those in need on general terms under a social tenancy agreement;
Provided to persons who, for some reason, are forced to alienate their residential premises to the municipality;
Reserve housing, owned by municipal authorities, provided to citizens for temporary residence for up to two years (for example, during the repair of emergency housing, etc.);
Municipal real estate provided to civil servants (municipal employees) for the duration of their duties.

The majority of municipal housing, of course, consists of apartments transferred for use to citizens for hire. In accordance with the Civil and Housing Codes, social rental agreements are concluded between individual citizens and owner municipalities, and apartments are transferred for temporary use.

Families and citizens living on social rent are not the owners of the apartment and do not have the right to bequeath, sell, or inherit it; otherwise, the list of rights of tenants is quite wide. These rights are defined in Art. 154

Housing Code and include:

Possibility to move other people into the apartment (taking into account the standard living space per person). At the same time, children and spouses can be accommodated (registered) without regard to such a standard.
Sublease an apartment (or part of it), that is, let in tenants (tenants) on a contractual basis in accordance with civil law.
Allow temporary residents to live in the apartment.
Require the homeowner (municipal) to carry out timely major repairs, participate in the maintenance of common property and the proper provision of utilities.

Tenants may have other rights provided for both in the Civil Code of the Russian Federation and in the rental agreement itself, and also have a number of responsibilities:

use the apartment only for its intended purpose;
do routine repairs;
maintain the normal condition of the apartment;
pay for housing itself and utilities;
promptly inform the homeowner about changes in the grounds and circumstances related to the apartment rental agreement.

Additional responsibilities of the employer in accordance with Art. 678 of the Civil Code of the Russian Federation is to ensure the safety of the apartment, carrying out reconstruction/rearrangement only with the permission of the owner. The need for timely payments for housing is especially emphasized.

Sample applications to the management company

Based on the current legislation of the Russian Federation (“Housing Code” of the Russian Federation, Government Decree No. 491 of the Russian Federation “Rules for the maintenance of common property”, an agreement concluded between residents and the management company, other regulatory and sub-regulatory acts), issues of maintaining the housing stock have been transferred from state competence to the level of interaction between the management company/other organizations involved in maintaining the building and the residents of an apartment building or other residential building. Some management companies offer to submit applications electronically through the appropriate feedback form or using email contact information. However, it is important to take into account that from the point of view of the legislation of the Russian Federation, sending this email does not have the status of a statement, but is an ordinary issue, which relieves the management company of responsibility for the need to take the measures mentioned in the appeal. But conscientious and responsible management companies do not leave such requests unanswered.

Who should change windows in a municipal apartment?

The volume of municipal housing rented out by the owner under social tenancy agreements is quite large, and most of it is located in houses built more than a decade ago. Accordingly, such houses require not only current or major repairs, but also other improvements: replacement of entrance doors, roof repairs, replacement of windows.

According to the “Regulations on the organization and implementation of reconstruction, repair and maintenance of residential buildings, communal and socio-cultural facilities” VSN 58-88, the service life of windows and balcony fillings before their replacement (overhaul) is 40 years (for wooden ones) or 50 years (for metal) structures.

If the time has come to replace the windows in the entrances of an apartment building (that is, common property belonging to all owners of the house), then the municipality, as one of the owners of the apartment building, will pay for new double-glazed windows in proportion to its share in the property of the house (for example, if 1/3 of the apartments are non-privatized and are municipal, and 2/3 are private, then a third of the total amount will be paid at the expense of the municipality).

It is more difficult to solve the problem if it is necessary to replace windows in a municipal apartment (a number of apartments). Decree of the Government of the Russian Federation No. 491 of August 13, 2006. classified the windows located inside the apartments as the property of the owner, and not the common property of the house. At the same time, windows are neither an element of engineering equipment nor an element of landscaping, and according to Art. 210 of the Civil Code of the Russian Federation, the owner, the municipality, is responsible for them, as for private property.

Thus, replacement of windows in apartments occupied on social rent should be carried out at the expense of the city (village) authorities.

True, the municipality does not always respect the rights of residents and is ready to pay for new windows voluntarily.

In this case, the employer can be advised two options:

Conduct a commission inspection of worn-out windows, indicate their shortcomings (with the participation of representatives of the housing inspectorate), send an application for replacement of windows and an inspection report to the municipality. In case of refusal, file a lawsuit to recover funds from the municipality.
Replace the window units yourself (with a preliminary inspection, as in the case described above), and then demand payment of the costs from the municipality (through the court).

It must be remembered that if partial replacement of windows in a municipal apartment is required (strengthening sashes, glazing, etc.), this must be done by the tenant, but a complete replacement is made by the owner - the municipality.

The question of who should do major repairs in a municipal apartment is resolved in a similar way.

Legal advice in Yekaterinburg

Living with my wife in an apartment on the basis of a social tenancy agreement, we always did our own repairs, both current and major. And there was neither the desire nor the time to knock on the doorsteps of the management company or the city administration with requests to patch up the aging apartment building. The situation changed dramatically when my wife and I retired, and there was enough time to demand that those who are legally obligated to do this fulfill the obligation to repair the house. The deplorable condition of the windows was also confirmed by the inspection report of my apartment by representatives of the Committee for State Housing Supervision and Control, namely, it was indicated that as a result of the process of rotting and warping, the window frames were significantly worn out, there were destructions in the units, and therefore it was necessary to replace them with similar new window frames frames. Appeals to the City Prosecutor's Office and the Housing Inspectorate, unfortunately, did not change the situation, although as a result of their inspections violations were identified in the management of our house, but the process of eliminating the violations did not speed up in any way.

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Major renovation of a municipal apartment - is it necessary to pay?

The burden of bearing the costs of maintaining real estate, including residential premises, lies with the owner. Major repairs are significant work that allows you to restore damaged/worn parts and elements of a building, utilities, and bring the house into a standard condition that is safe for residents and meets sanitary and fire safety standards.

As a rule, the cost of major repairs is very high, and its implementation is possible only after funds received from contributions from the owners of apartments in an apartment building have been accumulated in a special account. Such contributions for capital repairs should come from both private owners and municipalities transferring their property under social lease agreements.

Only owners of houses that are in disrepair or houses that are located on plots seized for government needs are exempt from paying for major repairs.

Complaints about housing and communal services

Owners of premises can veto decisions of the state housing supervision body to deprive the management organization of the right to carry out activities to manage this apartment building. In the event of such a decision by the owners, the management company retains the right to manage such an apartment building. A correctly drawn up application (complaint) about poorly provided housing and communal services is already half the battle. Statements regarding the main problems that may arise for residents in an apartment building are presented below, and now we will list all the points that should be taken into account in a well-written statement:

21 Dec 2021 marketur 2782

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Who pays for major repairs if the apartment is municipal?

According to Art. 154 of the Housing Code of the Russian Federation for persons living in residential premises under a social tenancy agreement, payment for housing consists of:

fees for the premises themselves (rental fees);
cost of utilities (water supply, sewerage, etc.);
payments for the maintenance and repair of the premises of the house (include the costs of managing the house, performing routine repairs, maintaining common property and communications in working order).

Current legislation does not provide for any reimbursement of costs for major repairs. This means that the tenant of a municipal apartment and his family are not obliged to bear the costs of such repairs.

Is it possible to install plastic products in public areas or not?

So, in accordance with paragraph 2 of Art. 65 of the Housing Code of the Russian Federation, one of the responsibilities of the landlord is to finance major repairs in residential premises transferred to the tenant under a social tenancy agreement, as well as to take part in the maintenance of the common property of the apartment building.

In a privatized apartment

However, if the old windows are in good condition, the housing maintenance office is not obliged to replace them. In this case, a meeting of apartment owners must be held, a decision must be made to replace the windows, and the necessary funds must be collected.

If such receipts arrive, they need to be sent to the owner of the apartment. If you occupy space under a social tenancy agreement, you can simply ignore receipts for major repairs. But it would be better if you contact the Management Company with a request to resolve the misunderstanding.

How is the overhaul fee calculated?

Since 2012, on a legislative basis, funds for major repairs of residential buildings are not included in the payment for housing maintenance, and go as a separate line.

To accumulate funds, citizens are offered two options:

accumulation of money in a separate account at home (opened in a bank by a non-profit legal entity, for example, a HOA);
on the account of a regional operator (an organization specially selected by regional authorities).

How the accumulation in the fund for repairs will take place must be determined by the owners of apartments in the apartment buildings themselves at a general meeting. If the meeting was not held, did not take place, or did not reach a common decision, the funds go to the regional operator.

The methodology for calculating contributions was developed in 2013 by the Ministry of Regional Development of the Russian Federation. It is also valid in 2021.

The amount of contributions for major repairs depends on:

Regional tariff (different for each region of the Russian Federation);
Year the house was built;
Living area of the apartment.

The contribution amount is determined as the product of the tariff per 1 sq. meter per housing area. By decision of the owners, the amount of contributions can be increased, and at the moment in central Russia the tariff varies from 12 to 15 rubles per meter of area.

The period when repairs will be carried out is determined by regional authorities (if funds are accumulated on the operator’s account), and by the owners themselves (if funds are collected on the house’s account). If the apartment is municipal, the municipality pays the fees.

Repair of a non-privatized tenant’s apartment: at whose expense will replacement of windows and pipes be carried out?

To participate in the program under 185-FZ, you need the participation of a management organization (or HOA), which generates documents (application) for the house - this is the question of where to apply. After the end of Law 185 (the next year or two), the state plans to continue to participate in the overhaul of houses through regional capital repair funds. As practice shows, constant monitoring is needed on the part of residents, otherwise the quality of work may be unsatisfactory. 28

writes 01/10/2012: I thought maybe you could help me sort out the situation of replacing windows in a municipal apartment. As I understand it, replacing windows is classified as a major renovation, but it will not be possible to carry out a major renovation to replace windows in just one apartment; if it is a major renovation, then all the windows in the house must be replaced. If I understand our regulations correctly. How can you explain to an employer that it won’t be possible to do a complete overhaul by replacing only his windows? Or I'm wrong!

Tenants' responsibilities

Payment for housing, whether private or municipal, is a significant part of Russian household expenses, so any line in the housing and communal services receipt must be justified and legal.

The tenant of the apartment, not being the owner, does not have to pay contributions for major repairs of the house. Civil and housing legislation imposes on persons who are tenants, and not owners, only the obligations to pay for the rental of an apartment and housing utilities, maintain housing in proper condition, use it in accordance with its intended purpose (only for residence), and promptly notify the owner about the arrival of temporary residents (for periods up to six months).

Currently, living in a municipal apartment, despite the inability to fully manage it, is somewhat cheaper than living in your own: the tenant does not pay housing taxes and does not pay contributions for major home repairs.

The procedure for using an apartment is determined by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation, and the apartment is transferred for temporary possession and use. The decision whether to privatize a municipal apartment or not is made independently by each tenant.

Window replacement

Hello, Elena! Your husband must write a report addressed to the command of the military unit on the merits stated with a request to take the necessary measures. To be sure, register the report in the unit office. The military unit is obliged to take measures to eliminate deficiencies in the dormitory on its own or hire a third-party organization. Good luck to you. You need to conduct a construction and technical examination, it is quite expensive, but you can simply get a specialist’s opinion on the implementation. Repairs are not in accordance with SNIPs, are not of high quality, with obvious violations and apply to the court with a statement of claim in accordance with Art. Art. 131-132 of the Code of Civil Procedure of the Russian Federation, with the requirement to eliminate the identified deficiencies. There is a second option, to file a complaint with the prosecutor’s office, indicating that this company, which won the competition, is embezzling budget funds, since poorly carried out repairs are clearly not worth the allocated money, in addition, it hired a subcontractor, but did it have the right to do this, according to the conditions competition. Article 10 of the Law "On the Prosecutor's Office of the Russian Federation".

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