Moscow Housing Inspectorate reminds about ways to accumulate funds for major repairs / City News / Moscow Website

Major renovation of apartment buildings

Major repairs of apartment buildings involve the restoration or replacement of:

engineering systems;
building structures (excluding load-bearing structures) and their components;
elements of load-bearing parts of buildings.

Depending on the volume of work, major repairs can be selective or comprehensive.

If technical capabilities are available, a residential building is modernized in order to increase the comfort of living, as well as comply with modern requirements in the field of resource conservation.

Overhaul involves restoring worn-out elements of common property or replacing them with similar ones with improved characteristics.

Who has benefits

- homeowners who have reached the age of 70, do not work and live alone or with family members who are pensioners or non-working disabled people of groups 1-2, - labor veterans and other categories of beneficiaries, the list of which is determined at the level of each region - therefore may vary depending on where a person lives.

Those who are not beneficiaries, but still do not have to pay for major repairs

Accordingly, an 80-year-old owner living alone is exempt from contributions for major repairs if the area of his home does not exceed 33 square meters. meters (for an area that exceeds this standard, you will have to pay fees).

24 Apr 2021 semeiadvo 425

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Overhaul structure

Art. 170 of the Housing Code of the Russian Federation defines what it is - a capital repair fund. The term refers to the total money supply accumulated in a bank account. Representatives of government bodies, housing cooperatives or homeowners associations have access to funds after submitting an estimate and based on the permission of the residents.

The division into federal and regional funds made it possible to significantly ease the burden of paying for major repairs. The Federal Fund for the Capital Repair of Apartment Buildings is a government agency. It is filled from the country's budget and serves to transfer money for selective financing of the annual plans of individual cities.

Another source of replenishment of funds is a regional non-profit organization (NO). The formation of the fund is carried out at the expense of the budget of the subject of the Federation. It operates in accordance with the regional and regional programs for the overhaul of apartment buildings. Local administrations receive funds from it, increasing the funds of specific apartment buildings.

As non-profit organizations (NPOs), both structures together make it possible to effectively implement federal housing restoration programs at the state and local level.

Regional Capital Overhaul Fund

In the legislative acts of the Russian Federation, the Fund, created by its constituent entities to restore the condition of residential buildings, is defined as a regional operator of major repairs of common property in apartment buildings.

Thus, in Moscow such a fund was established by the Department of Overhaul. Its competence is limited by the boundaries of the capital, as in other cases - by the boundaries of the region or regional formation. The jurisdiction of this structure is limited to territorial boundaries. This is a legal entity dealing with repair issues.

The regional fund for capital repairs of apartment buildings carries out its activities guided by:

The Constitution of the Russian Federation;
constituent act;
statutory documents;
housing legislation;
regional legislative acts.

All information, including details, information about the management team, planned repairs and other significant data is contained on the official website of the Moscow Regional Fund. Information about major repairs and related activities is also published here:

regional program;
short term;
special account;
procurement of services, works and goods, etc.

All data is posted on the foundation’s special website.

Regional capital repair operator account

Those who have not decided whether to make a special account or the owners frankly don’t care, then everything has been decided for you.
The regional operator has the authority to collect your funds. And here many questions arise. The fact is that the capital repair program is formed not by the operator, but by regional authorities. And it is unlikely that when creating this program it was possible to take into account the specifics of each house in the region separately and correctly determine the need for repairs of one or another type of work in a particular year. And the regional operator is responsible for all work and its quality. But don't panic. Even if you live in an apartment building, where the collection of contributions is small and there is no point in making a special account, and the next necessary repairs for your house are only in a few years, then you can use Article 189 of the Housing Code of the Russian Federation and postpone its deadlines. To do this, it is necessary to hold a meeting of the owners and approve the timing of the repairs, cost estimates, sources of financing, in this case it will be the regional operator, and the person who will sign the certificates of work performed. In this case, repairs in your house will actually be carried out for contributions collected from other houses located in the “common pot” and you will not have to think about whether the required amount has been collected in the account of your apartment building. May your home undergo a high-quality overhaul and make living in it more comfortable. data-full-width-responsive=”true”

The legislative framework

The main regulatory role in the creation and operation of the Fund is assigned to the Housing Code of the Russian Federation. So, in Part 1 of Art. 39 of the document determines that the costs of maintaining common property in an apartment building are borne by the owners of premises located in the building, including apartment owners.

In 2012, the Housing Code of the Russian Federation was supplemented with Section IX, dedicated to organizing the overhaul of common property in apartment buildings. It provides for the mandatory deduction of funds by owners of premises in apartment buildings to the capital repair fund.

Which houses are considered new?

Contributions for major repairs are understood as mandatory contributions made by apartment owners every month and allocated for repair work to update common equipment in an apartment building. Such buildings include houses with more than 3 apartments.

Formula for charges

the building has been declared unsafe and is awaiting demolition;
a decision was made to seize the state of the land on which the house stands and the apartments located in this house;
the minimum fund size in the special account has been reached;
The region has set a deferment.

In accordance with clause 9.3 of the Decree of the Mayor of Moscow dated March 5, 2021 No. 12-UM, as amended by the latest decree, from March 30 in Moscow, a self-isolation regime has been in effect for all citizens living in the capital, regardless of their age, with the exception of certain cases (this regime does not apply to citizens working in life support systems, having special government passes, etc.). It appears that this regime of restrictions will remain in effect until a special order to cancel such a measure.

Restrictive measures are being taken by the capital's authorities to prevent the spread of the new coronavirus infection. It should be noted that yesterday at a meeting of the Government of the Russian Federation, Prime Minister Mikhail Mishustin proposed discussing with the heads of the country's regions the introduction of a high alert regime in the constituent entities of the Russian Federation in connection with the threat of the spread of coronavirus infection, which has been in effect in the capital region since March 5, 2020. The Chairman of the Government of the Russian Federation expressed confidence that “these steps can have a positive effect on the ground.”

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By Decree of the Mayor of Moscow dated March 31, 2021 No. 35-UM (hereinafter referred to as the Decree), it was decided to exempt owners of premises in apartment buildings located in the capital from paying contributions for the overhaul of common property in an apartment building for the period from April 1 to June 30, 2021. In his blog, Moscow Mayor Sergei Sobyanin commented on this decision by saying that the renovation creates serious discomfort for Muscovites in self-isolation. In addition, the absence of strangers in residential buildings should increase the effectiveness of self-isolation measures. He also added that previously started repair work necessary to ensure the safety and comfort of living will be completed, and the start of repairs at new facilities will be postponed.

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.

Who creates the account and how it is formed

The structure is usually established by the authorities of a constituent entity of the Russian Federation or structures subordinate to them. For example, a regional fund for capital repairs of apartment buildings in the Republic of Crimea was created by the Ministry of Housing and Communal Services of the Republic of Kazakhstan. And the Krasnodar regional structure was established by the Ministry of Fuel and Energy Complex and Housing and Communal Services of the region.

Funds can be accumulated either in a special account or in a special account of a regional operator (Article 170 of the Housing Code of the Russian Federation).

By default, the formation of the capital repair fund is carried out on the accounts of regional operators and no actions are required for this.

To accumulate funds in a special account, it is necessary to formalize the corresponding decision of the general meeting of owners of apartment building premises.

Where to get information about the capital repair fund

Each region establishes its own structure responsible for the reconstruction of apartment buildings. The official website of the fund for the overhaul of apartment buildings, as a rule, contains:

information about the founder;
information about the functions of the regional operator;
documents regulating the activities of the organization;
accounting reports;
audit results;
composition of the board of trustees;
data on ongoing tenders and auctions, etc.

The website contains the charter of the capital repair fund and information relating to a specific house in a given region. On its pages you can find out who the officials of the structure are and find the necessary contact information.

The official website publishes information:

about the work performed;
about the money spent on this;
on the number of houses included in the capital repair program for the current year.

Here you can also find the address of the regional fund for capital repairs of apartment buildings.

For what purposes are funds spent?

The funds of the fund are spent for the purposes defined in Art. 166 Housing Code of the Russian Federation and related to repairs:

facade;
foundation;
roofs;
intra-house engineering systems for drainage, heat, electricity, gas, water supply;
elevator shafts, equipment declared unsuitable for operation, or its replacement;
basements.

A non-profit organization, the Republican Capital Repair Fund or another regional structure may decide to spend funds on additional types of work

Moszhilinspektsiya reminds about ways to accumulate funds for major repairs

Every apartment building will sooner or later require major repairs. Federal Law No. 271-FZ dated December 25, 2012 added section 9 “Organization of major repairs of common property in apartment buildings” to the Housing Code of the Russian Federation. That’s when the concepts of “capital repair fund”, “regional program for capital repairs of common property in apartment buildings”, “regional operator of capital repairs”, “special account” appeared, which changed the principles of capital repairs in apartment buildings. Since the Moscow Housing Inspectorate periodically receives requests from residents on this topic, we answer the most common questions.

Methods for forming a capital repair fund

The savings of owners for the purpose of carrying out major repairs of apartment buildings, in fact, constitute the Capital Repair Fund.

Part 3 of Article 170 of the Housing Code of the Russian Federation establishes the right of owners to choose one of two ways to form a capital repair fund: in a special account or in the account of a regional operator. The owners of the premises can do this at a general meeting. Moreover, to make a decision, more than 50% of the total number of votes of the owners of premises in the apartment building is required.

For information, the method of managing an apartment building does not limit the owners of premises in choosing the method of forming a capital repair fund. With any method of managing a house, property owners can choose the method of forming a capital repair fund, either in a special account or with a regional operator. But if a special account is chosen, then determining who can be the owner of the special account depends on the way the house is managed.

The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in the apartment building within the period established by the government body of the constituent entity of the Russian Federation, but no more than within two months after the official publication of the approved regional capital repair program.

The law also establishes: the owners of premises in an apartment building can at any time make a decision at a general meeting to change the method of forming a capital repair fund, in accordance with Part 1 of Article 173 of the Housing Code of the Russian Federation.

No special conditions are required for approval of such changes, but the law establishes a limitation: if there is a debt to borrowers incurred for major repairs, and this debt has not been repaid, changing the method of forming the capital repair fund is prohibited. In this situation, changes can only be made after the debt has been paid.

Who can be the owner of a special account

According to Article 175 of the Housing Code of the Russian Federation, the owner of a special account can be:

- a homeowners association that manages an apartment building and is created by the owners of premises in one apartment building or several apartment buildings

— housing cooperative or other specialized consumer cooperative;

— management organization;

— regional operator.

Purposes of spending funds from the capital repair fund

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;

— facade repair;

- foundation repair.

In addition, funds can be spent:

— development of design documentation for major repairs;

— payment for construction control services;

— repayment of loans and borrowings (as well as interest on them) received and used to pay for services and major repairs;