Rights of apartment owners during major renovations

Due to the natural aging and wear and tear of buildings, major renovations of apartment buildings remain a harsh inevitability and an unpleasant prospect for all residents, as well as building management and building owners. Today, repair work is considered one of the most difficult problems existing in the modern urban economy. First of all, due to difficulties in accumulating the required amount of financial resources and the need to scrupulously comply with the new procedure for financing the overhaul of apartment buildings established by law.

Major renovation of apartment buildings

Law on ensuring capital repairs of apartment buildings

Since 2014, there have been significant changes in the legislative framework governing the financial scheme for capital repairs of multi-apartment residential buildings. The old norms and regulations on major repairs of apartment buildings have been expanded with certain innovations relating specifically to the scheme for collecting funds for repair work.

Today, the basic legislation regulating the major repairs of residential multi-apartment buildings consists of the following documents:

  • Housing Code of the Russian Federation, articles 12, 13, 20, article 36, paragraph 1, articles 44, 154, 158, 166 – 191;
  • Law No. 271 Federal Law, which significantly supplemented the norms of the country’s housing legislation;
  • Law No. 257 Federal Law of July 29, 2017, on the basis of which Article 170 of the Housing Code was amended, the rights and powers of such an organization as a capital repair fund were formulated;
  • Federal Law N 399-FZ of December 29, 2015, regulating the issues of benefits when calculating payments to the regional fund for capital repairs of apartment buildings;
  • Order of the Ministry of Construction and Housing and Communal Services No. 41/pr dated 02/07/14. The document formulates methodological recommendations for establishing the amount of payment for major repairs of general purpose objects of an apartment building.

Major renovation of apartment buildings

In addition to the listed acts of federal legislation, there are regional laws and by-laws. As a rule, they describe specific procedures and mechanisms for fulfilling the requirements of laws and the Housing Code. Separate packages of documents regulate the activities and powers of regional operators for managing the capital repair fund of apartment buildings created in the constituent entities of the country for the practical implementation of programs for reconstruction and repair work of the housing stock.

For your information! Regional legislation determines the minimum contribution for the overhaul of an apartment building for each region separately.

For example, for the Belgorod and Tambov regions in 2014, the minimum contribution was 5.9 rubles. per m2 of living space, in the Moscow region -7.3 rubles/m2, and in Moscow - 15.00 rubles/m2. The rest of the regional legislation regarding the organization and implementation of the capital repair process is largely unified and differs only in the percentage of compensation allocated from the federal budget.

Major renovation of apartment buildings

How to achieve a major renovation of your home

A lot of questions arise with major repairs and their payment, and here are the most common ones with solutions and explanations.

A receipt for payment for major repairs has arrived, but no one has entered into an agreement with you/the house must be demolished, but the deadline has already passed. Is it worth paying?

Payment is required by law in the form of the Housing Code, since the region adopted a regional program and included this house in the program, as long as the house is listed in the regional program, payment is required. When the house is declared unsafe, all accumulated funds for major repairs will be returned.

The ceiling in the house has crumbled/the integrity of the ceilings has been compromised and the capital repair fund is refusing to carry out major repairs. Is it correct?

Yes, that’s right, because the repair of floors does not fall under the scope of major repairs, so the solution to this problem is to attract an investor (developer) who may be interested in this plot of land.

Residents of the apartment building want the demolition of the house instead of a major renovation, but a couple of people are against it, is it possible to organize demolition?

No, it’s impossible, since there must be 100% consent of all residents of the apartment building.

What determines the place in the queue for major repairs?

The priority is approved by the subject of the Russian Federation according to a group of factors. Problematic or older houses may be missed due to the high cost of work, therefore, in order to pay attention to your house and move up the queue, you need to contact the commission about the need for major repairs.

Renovations were planned for the house, but were never completed. What to do?

It is necessary to apply to the capital repair fund; such issues are monitored by the prosecutor's office, and the responsibility for the regional program lies with the constituent entity of the Russian Federation.

How to transfer a house to a special account, how to regulate repairs with a special account?

The transfer of a house to a special account is carried out as follows: a protocol of the owners is drawn up, within 5 days it must be submitted to the registrar, indicating the deadline for transferring funds to the special account. And the order of work and costs is regulated by a regional program for houses that have chosen a special account.

Is it possible to avoid major repairs due to mandatory fees and return the major repairs for budget money?

A return to such a system is impossible, since the system is, in a certain way, educating the owners of apartment buildings, it was a successful reform, restoring the Housing Fund, and a return to the old system cannot be expected.

How much should a pensioner 80+ pay for major repairs?

Payment of capital repair contributions for pensioners 80+ should be 100% refundable, but in some regions compensation is a smaller percentage, which is absolutely normal, because each region regulates this issue independently.

How are things going with major renovations during the pandemic?

The pandemic for major repairs turned out to be not as terrible as expected; payment collection decreased by a couple of percent and work completion by 20%.

Why are no major repairs being carried out, since such huge sums are in the accounts of refurbishment operators?

The summaries often take into account funds that are in special accounts. The money in the accounts of the registrar operators is always in use and there are almost no surpluses; all funds are directed into working circulation. And if there are such remnants, then this is a violation and failure to do one’s job, and there are plenty of violators.

Will there be an increase in contributions for major repairs?

This decision is of a regional nature. 37 regions did not increase the amount of contributions, 12 subjects did not change the amount of contributions, in the Altai Territory the amount of contributions was even reduced. Only St. Petersburg significantly increases the rate for paying for major repairs, and here it was one of the lowest in the country.

So, the capital repair system, as it turned out, did not suffer as much as the public services sector, but at the same time, even in normal times, it does not throw away much money; on the contrary, refurbishment operators are trying to attract third-party sources of funds to complete the plan. And in principle, the capital repair fund goes to meet the owners of apartment buildings when any kind of problems arise, and together with it, all these problems are easily solved, since the fund is interested in solving them.

Law on the Fund for Capital Repairs of Apartment Buildings

Since 2014, in connection with the adoption of new laws and amendments to the Housing Code, it can be said that the procedure for financial filling of capital repairs of a residential multi-apartment building in the Russian Federation has changed towards strengthening control and increasing the participation of officials in the financial management process.

The main changes that have a significant impact on the overhaul process can be listed in two points:

  • The innovations introduced in Article 170 of the Housing Code introduced the concept of a fund for organizing and carrying out major repairs. In fact, in each region of the Russian Federation, specialized structures were created with the right to attract and accumulate funds from citizens - owners of apartments in high-rise buildings to finance the organization and implementation of repair work;
  • Since 2014, all costs and expenses associated with the overhaul of an apartment building and full restoration work of common property are borne by the owners of the building being repaired, both apartments and the entire building.

If until 2014, the bulk of the costs spent on major repairs of apartment buildings, 80-90% of the estimate, were covered from the federal and local budgets, now all costs come from the pockets of homeowners.

Features of the operation of capital repair funds

The initial reaction to the adoption of the new legislation was clearly negative. The new, relatively small payment to the accounts of the capital repair fund was perceived by the population as another tax. But at the same time, it became possible to get rid of certain negative aspects that invariably accompany the process of major renovation of an apartment building:

  • Firstly, funds for repairs are accumulated in a professional organization, whose responsibilities include conducting a fair selection of contractors and monitoring their activities at a specific site;
  • The department creates a schedule of priorities for major repairs of apartment buildings, while you can always get acquainted with the movement of the queue, get lists and stages of work;
  • The owners of an apartment building, who actually finance the restoration and restoration of the building, can initiate major repairs at almost any time without regard to the possibilities of the local budget;
  • According to the provisions of the new law, part of the costs of capital repairs can be compensated from regional budgets.
  • The community of owners of an apartment building is actually freed from the need to hold countless meetings to review and approve changes to the capital repair estimates, expenditure and revenue parts of the project, and to review costs in connection with changes in the work project.

Major renovation of apartment buildings

For your information! Regional funds - operators of repair work must provide information of interest to residents on the information websites of executive authorities. This is the first source where you can look at the queue for major repairs of a building or home.

Information about tenders and competitions for work related to the organization and implementation of major repairs of housing stock is also posted here.

The Fund does not limit the amount of funding only to the tasks of capital work to restore the building frame, communications, and roofing. You can always add additional cost items for improving the infrastructure and local area, laying roads and arranging additional recreation areas.

Preferential capital repair segment

Multi-apartment residential buildings and buildings in disrepair fall into a separate category. The overhaul of such structures is carried out using budget money. Tenants of social housing and owners of apartments in the building are also exempt from paying the contribution if the land under the house is transferred to the disposal of the municipality.

When determining the amount of the contribution, the financial capabilities of citizens living in an apartment building are taken into account. For example, the law allows single citizens over 80 years of age to be exempt from paying. For disabled people and pensioners over 70 years of age, half of the contribution is reimbursed from the local budget.

Of course, the new order also has disadvantages, primarily related to inflation processes and rising prices for materials and construction work. The advance procedure for accumulating funds often leads to the fact that the amount included in the estimate is clearly insufficient to finance the restoration of the building in full, and the penalty collected from defaulters does not cover the depreciation of resources.

What is included in a major overhaul of an apartment building?

According to the norms of Article 166 of the Housing Code of the Russian Federation, a company or a person who owns a home is obliged to carry out restoration and repair procedures for the apartment at its own expense. The concept of overhaul of a building includes only the restoration and restoration of property and objects that are in joint or common use. The list of works for major repairs of apartment buildings includes:

  • Restoration of the building foundation, basements and other structures related to public property;
  • Restoration of elevator equipment, if necessary, restoration of shafts, repair of staircases and flights;
  • Complete restoration of the facade and front walls of an apartment building;
  • Repair procedures for the replacement and restoration of intra-house heating communications, water supply, gas supply, electrical wiring;
  • Restoration of load-bearing structures of the roof and roof covering.

In addition to the above, according to the overhaul plans, work can be carried out to insulate the roof and walls of the building, and equip it with general building meters for metering consumed resources. The roof base can also be re-equipped, for example, converting a non-ventilated scheme into a ventilated version, it is possible to retrofit ventilation shafts and air ducts.

Major renovation of apartment buildings

Stages of major home renovation

A major home renovation includes external work, replacement of utilities and internal work.

Replacing communications (water supply, sewerage, electrical wiring, heating, ventilation, gas supply) is not only labor-intensive and expensive, but also requires special knowledge and skills. It's better to leave it to the experts.

Since your home is undergoing a major renovation, you will definitely be replacing doors and windows. As for plastic windows, installing them yourself is a risky endeavor. Incorrect measurements or non-compliance with installation technology can lead to a violation of the geometry of the structure, which, in turn, will lead to a violation of heat and sound insulation. But you can install the doors yourself:

  • dismantle the old door with frame;
  • We install a new door frame in the opening;
  • we blow foam into the gaps between the frame and the opening, let it dry, and plaster;
  • We put the door on pre-lubricated hinges.

The foundation is the foundation of the house. If cracks are found in it, it means that over time it has settled and will need to be strengthened:

  • we clean the foundation from dirt and old plaster;
  • we drive a metal mesh into the base structure and attach it to the anchors;
  • we install the formwork and concrete the sides;
  • after the concrete has hardened, we fill the trenches and compact each layer;
  • Apply the outer decorative facing layer.

A major renovation of a private home will obviously require roof repairs. This may include dismantling the coating and replacing it, heat and sound insulation of the attic. A major overhaul of the rafter system may also be required if the rot damage exceeds 50% of the total area. For roofing materials, experts recommend metal tiles or ondulin.

Then you can start updating the facade. Old walls, depending on their condition, will have to be given special attention: if they are damaged, we dismantle them and put them back up again. And if the walls have not lost their strength, then we will finish the facade. To do this, you will have to remove the old coating and seal the cracks. You may need wall insulation. After a thorough inspection, the method of thermal insulation (internal or external) is determined and the insulation technology is selected: “wet method” or suspended ventilated facades.

And then the actual finishing work: finishing primer and decorative finishing for every taste - from brickwork to plastic panels or decorative stones.

After completing the exterior work, you can begin finishing the interior. We will deal with bathrooms and kitchens first:

  • We start by dismantling old plumbing and pipes;
  • we install and adjust electrical equipment;
  • We carry out plumbing work;
  • level the walls and floors;
  • we carry out tiling works;
  • repairing the ceiling;
  • insert interior doors;
  • We install plumbing fixtures.

Decorating the rooms is the final stage of a major home renovation. Having removed the old wallpaper, we level the walls and glue new ones. If you have the desire and the means, we install a suspension system on the ceiling. Choose the floor covering to your taste - laminate, linoleum, parquet, carpet. Many people use a “warm floor” system to insulate their homes.

The procedure for carrying out major repairs of an apartment building or house

The only significant drawback that one has to face when organizing major renovations in a multi-storey building is the significant increase in the number of bureaucratic procedures.

Inclusion of the building in the capital repair plan

The initiative to carry out major repairs may come from a special permanent commission of the municipality. The basis for inclusion in the plan for the future capital repair of an apartment building, as a rule, is the results of a survey of the building with the involvement of experts, owners and representatives of the fund or operator.

Initiating major repairs is also possible on the basis of Part 2 of Article 189 of the Housing Code by a general decision of a meeting of residents of the building or by a counter-proposal from the owner of an apartment building. In this case, documents on the need for repair work with justification and an action plan are sent to the commission no later than ten days from the date of execution of the relevant decision.

Procedure for selecting a fund manager

There are three ways to accumulate funds for major repairs of a multi-apartment residential building. It is assumed that the primary choice remains with the residents—the apartment owners.

In the first case, the decision of the residents may be to choose a scheme for making contributions in favor of the regional operator for managing the capital repair fund of multi-apartment residential buildings.

In the second option, the same decision may determine that contributions should be sent directly to the regional fund for financing capital repairs. The funds go into the general pot of the fund, which assumes all responsibility for organizing and managing finances.

The third method involves creating an individual capital repair fund by opening a special account and independently collecting incoming payments.

Contract for major repairs of an apartment building

At first glance, there is absolutely no difference in where and how to direct contributions for repair and restoration activities of a high-rise building. Any option involves concluding an agreement with contractors, drawing up a project and cost estimates for the work.

But there is still a difference, and quite a big one. If deductions go to the regional operator of the fund for the overhaul of apartment buildings, then the specified office assumes all organizational hassle and risks associated with holding a tender and searching for contractors. The operator and the city housing department retain the control functions of overseeing the implementation of capital repair schedules and compliance with the design assignment.

If financial resources are transferred to the management of a regional capital repair fund, then repair contracts can be carried out without a tender procedure. The foundation retains control and organizational functions.

The most troublesome way is to independently open a special account to accumulate resources. In this case, the owner of the apartment building or the residents' association will have to look for contractors, enter into contracts with them and control the use of funds. The only positive aspect is the possibility of tighter control over the movement of funds, minimal risk of its misuse, as often happens with regional operating companies.

Major renovation of apartment buildings

Where to start a major home renovation

From a real assessment of the situation - the volume of work, your repair skills, financial capabilities. Ideally, it is best to hire an experienced team led by a good foreman. He will propose the overhaul project and will be responsible for the progress and quality of the repair. The pros have all the necessary tools in their arsenal for any type of work.

But in practice, in order to save costs, owners have to take on a lot. Make a detailed plan, determining what you will change radically - the roof, facade, communications, windows, doors. Surely something will just require partial repairs. Calculate the upcoming expenses; you need to approach the budgeting process very carefully. Separately make calculations for all objects:

  • measure the area of ​​each surface (ceiling, walls, floor);
  • measure the length of pipes and communication wires;
  • count the amount of materials needed (bricks, tiles, wallpaper, flooring, etc.) based on the measurements obtained.

Time frame for major repairs for an apartment building

The new legislation sets fairly strict deadlines for preparing owners of apartments and housing in a multi-storey building for future major repairs. Even if the building is included in the restoration and repair work plan for the next two years, this is not a reason to sit idly by.

The law requires that the building owner, management company or selected regional operator, 180 days before the start of the year during which major repairs will be carried out, prepare and familiarize the owners of high-rise apartments with the main parameters of future work:

  • timing of repairs;
  • objects of a multi-storey building planned for restoration;
  • cost, volume and sources of financing.

Three months in advance, homeowners must agree at a general meeting on a list of work, an estimate sheet and the period of time for their completion, and identify an authorized person who will be entrusted to participate in the acceptance of work and signing of acts. If the approval procedure is not completed or the timing of the orientation meeting is violated, the municipality independently decides to carry out repair and restoration activities in accordance with the drawn up plans for the year. In this case, the procedure for accumulating funds is initiated by the regional operator of major repairs of multi-apartment buildings.

Operators independently formulate a program and schedule for performing planned work and publish them on official websites. In this case, the owners are forced to send residents' payments to the operator's account or terminate the contract with him with preliminary compensation for the costs incurred.

Major renovation of apartment buildings

If major repairs are not completed or deadlines are violated, regional authorities may intervene in the process, by decision of which a new fund may be formed, the purpose of which will be to complete the remaining part of the work or services. The remaining funds will be transferred to the new operator.

Within ten days from the date of signing the acceptance certificates, the operator sends copies of the design documentation, estimates, acts, contract agreements to the person or residents' association, the management company of the renovated high-rise building.

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