On July 29, Federal Law No. 257-FZ dated July 29, 2017 was signed. He made changes to the Housing Code of the Russian Federation regarding major repairs in apartment buildings.
Today we will tell you how the owners of non-residential premises in an apartment building can pay for major repairs, whether obligations for the costs of major repairs are transferred to the new owner of the premises in an apartment building, and what new powers have appeared at the general meeting of owners.
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On the responsibilities of owners and powers of OSS
Clauses 1.1 and 1.1-1 of part 2 of article 44 of the RF LC are now stated in a new wording. This article lists issues within the competence of the general meeting of owners.
The OSS can make decisions on the choice of method for forming the capital repair fund. Can choose an authorized person to open a special account in a bank and carry out transactions with funds located in such an account.
In addition, the general meeting of owners has the right to make decisions on the amount of contribution for capital repairs, on the minimum size of the fund, and on the placement of temporarily available funds from the fund.
N 257-FZ established the procedure for paying contributions for major repairs for owners of non-residential premises in apartment buildings. They can pay for major repairs once for the upcoming calendar year or every month in equal installments during the calendar year (Part 3 of Article 171 of the Housing Code of the Russian Federation).
Owners pay contributions for major repairs based on payment documents. If the owner of the non-residential premises is a legal entity, the receipt is delivered to the address of the location of the permanent executive body of the legal entity.
All owners of premises in such a house must pay for major repairs in an apartment building. Along with the ownership of the premises, the new owner also receives the obligation to pay contributions for major repairs.
Such an obligation does not pass by inheritance if it has not been fulfilled by the Russian Federation, a subject of the Russian Federation or a municipal entity. This provision applies to all legal relations that arose from January 1, 2013.
Overhaul at the expense of the state? It's possible
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Major repairs of common property in an apartment building
- Codifier
- Codes of the Russian Federation
- Housing complex of the Russian Federation
- Article 166
Housing Code, Article 166
1. List of services and (or) work on major repairs of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, which is formed on the basis of the minimum contribution for major repairs established regulatory legal act of a constituent entity of the Russian Federation, includes:
1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal;
2) repair or replacement of elevator equipment declared unsuitable for operation, repair of elevator shafts;
3) roof repair;
4) repair of basements belonging to common property in an apartment building;
5) facade repair;
6) repair of the foundation of an apartment building.
2. A regulatory legal act of a constituent entity of the Russian Federation provides a list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by a regulatory legal act of a constituent entity of the Russian Federation Federation, can be supplemented with services and (or) work on facade insulation, conversion of an unventilated roof to a ventilated roof, installation of exits to the roof, installation of collective (common house) meters for the consumption of resources necessary for the provision of public services, and units for controlling and regulating the consumption of these resources (thermal energy, hot and cold water, electricity, gas) and other types of services and (or) works.
3. If the owners of premises in an apartment building decide to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, part of the capital repair fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on major repairs of common property in an apartment building.
4. The list of services and (or) works for major repairs of common property in an apartment building, which can be financed from state support provided by a constituent entity of the Russian Federation, is determined by a regulatory legal act of a constituent entity of the Russian Federation.
About regional operators and regional overhaul programs
Introducing changes to the regional capital repair program for:
- postponing the established deadline for major repairs to a later period,
- reduction of planned types of services or major repairs
carried out in the presence of an appropriate decision of the OSS.
Such a decision does not need to be obtained in several cases; all of them are listed in Part 4 of Art. 168 Housing Code of the Russian Federation. Now another point has been added to them - 4. It is not necessary to obtain a decision from the OSS if it has been determined that it is impossible to provide services or major repairs due to obstruction from the owners or management organization.
What is obstruction? This means that the listed persons did not allow the contractor to enter the premises of the apartment building or to the building structures of the house, utility networks, sanitary, electrical, mechanical or other equipment.
In this regard, the regional operator has a new obligation (clause 4.1, part 2, article 182 of the Housing Code of the Russian Federation). He must ensure that facts of obstruction of major repair work are established.
N 257-FZ established the possibility of making changes to the regional capital repair program - changing the timing of the provision of services or the execution of capital repairs. It is possible to postpone deadlines only when it is not possible to provide them in a timely manner due to the intervention of the owners or persons who manage apartment buildings (Part 4.2 of Article 168 of the Housing Code of the Russian Federation).
The list of principles on the basis of which short-term plans for the implementation of the regional program are formed has been added. Now these include the principle of updating in connection with the overhaul of apartment buildings to the extent necessary to eliminate the consequences of an accident or other emergency situation of a natural or man-made nature.
Rights and obligations of a regional overhaul operator
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Article 166 of the RF Housing Code. Major repairs of common property in an apartment building
Full text of Art. 166 Housing Code of the Russian Federation with comments. New current edition with additions for 2021. Legal advice on Article 166 of the RF Housing Code.
1. List of services and (or) work on major repairs of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, which is formed on the basis of the minimum amount of contribution for major repairs established by the regulatory legal act of the subject of the Russian Federation Federation, includes: 1) repair of in-house engineering systems of electricity, heat, gas, water supply, and sewerage; 2) repair or replacement of elevator equipment declared unsuitable for operation, repair of elevator shafts; 3) roof repair; 4) repair of basements belonging to common property in an apartment building; 5) facade repair; 6) repair of the foundation of an apartment building. (Part as amended, entered into force on December 30, 2013 by Federal Law of December 28, 2013 N 417-FZ.
2. A regulatory legal act of a constituent entity of the Russian Federation provides a list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by a regulatory legal act of a constituent entity of the Russian Federation Federation, can be supplemented with services and (or) work on facade insulation, conversion of an unventilated roof to a ventilated roof, installation of exits to the roof, installation of collective (common house) meters for the consumption of resources necessary for the provision of public services, and units for controlling and regulating the consumption of these resources (heat energy, hot and cold water, electricity, gas) and other types of services and (or) work. (Part as amended by Federal Law of December 28, 2013 N 417-FZ.
3. If the owners of premises in an apartment building decide to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, part of the capital repair fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on major repairs of common property in an apartment building.
4. The list of services and (or) works for major repairs of common property in an apartment building, which can be financed from state support provided by a constituent entity of the Russian Federation, is determined by a regulatory legal act of a constituent entity of the Russian Federation.
Consultations and comments from lawyers on Article 166 of the RF Housing Code
If you still have questions regarding Article 166 of the RF Housing Code and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.
possible by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.
Article 166. Major repairs of common property in an apartment building
HOUSING CODE OF THE RUSSIAN FEDERATION
Article 166. Major repairs of common property in an apartment building
1. List of services and (or) work on major repairs of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, which is formed on the basis of the minimum amount of contribution for major repairs established by the regulatory legal act of the subject of the Russian Federation Federation, includes:
1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal; 2) repair or replacement of elevator equipment declared unsuitable for operation, repair of elevator shafts; 3) roof repair; 4) repair of basements belonging to common property in an apartment building; 5) facade repair; 6) repair of the foundation of an apartment building.
2. A regulatory legal act of a constituent entity of the Russian Federation provides a list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by a regulatory legal act of a constituent entity of the Russian Federation Federation, can be supplemented with services and (or) work on facade insulation, conversion of an unventilated roof to a ventilated roof, installation of exits to the roof, installation of collective (common house) meters for the consumption of resources necessary for the provision of public services, and units for controlling and regulating the consumption of these resources (thermal energy, hot and cold water, electricity, gas) and other types of services and (or) works.
3. If the owners of premises in an apartment building decide to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, part of the capital repair fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on major repairs of common property in an apartment building.
4. The list of services and (or) works for major repairs of common property in an apartment building, which can be financed from state support provided by a constituent entity of the Russian Federation, is determined by a regulatory legal act of a constituent entity of the Russian Federation.
5. Work on major repairs of common property in an apartment building may include work on the replacement and (or) restoration of load-bearing building structures of an apartment building and (or) utility networks of an apartment building, classified in accordance with the legislation on urban planning activities as reconstruction of capital construction projects .
Article 166 (Housing Code of the Russian Federation) of the Housing Code of the Russian Federation. Major repairs of common property in an apartment building
1. List of services and (or) work on major repairs of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, which is formed on the basis of the minimum amount of contribution for major repairs established by the regulatory legal act of the subject of the Russian Federation Federation, includes:
1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal;
2) repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms;
(clause 2 as amended by Federal Law dated November 28, 2018 N 434-FZ)
3) roof repair;
4) repair of basements belonging to common property in an apartment building;
5) facade repair;
6) repair of the foundation of an apartment building.
(Part 1 as amended by Federal Law dated December 28, 2013 N 417-FZ)
2. A regulatory legal act of a constituent entity of the Russian Federation provides a list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by a regulatory legal act of a constituent entity of the Russian Federation Federation, can be supplemented with services and (or) work on façade insulation, conversion of an unventilated roof to a ventilated roof, installation of exits to the roof, installation of automated information-measuring systems for accounting for the consumption of utility resources and utilities, installation of collective (common house) resource consumption metering devices necessary for the provision of public services, and units for managing and regulating the consumption of these resources (heat, hot and cold water, electricity, gas) and other types of services and (or) work.
(as amended by Federal Laws dated December 28, 2013 N 417-FZ, dated July 29, 2017 N 257-FZ)
3. If the owners of premises in an apartment building decide to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, part of the capital repair fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on major repairs of common property in an apartment building.
4. The list of services and (or) works for major repairs of common property in an apartment building, which can be financed from state support provided by a constituent entity of the Russian Federation, is determined by a regulatory legal act of a constituent entity of the Russian Federation.
5. Work on major repairs of common property in an apartment building may include work on the replacement and (or) restoration of load-bearing building structures of an apartment building and (or) utility networks of an apartment building, classified in accordance with the legislation on urban planning activities as reconstruction of capital construction projects .
(Part 5 introduced by Federal Law dated December 28, 2016 N 498-FZ)
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Article 166 of the RF Housing Code. Major repairs of common property in an apartment building: lawyer and attorney
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1. List of services and (or) work on major repairs of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, which is formed on the basis of the minimum amount of contribution for major repairs established by the regulatory legal act of the subject of the Russian Federation Federation, includes:
1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal;
2) repair or replacement of elevator equipment declared unsuitable for operation, repair of elevator shafts;
3) roof repair;
4) repair of basements belonging to common property in an apartment building;
5) facade repair;
6) repair of the foundation of an apartment building.
2. A regulatory legal act of a constituent entity of the Russian Federation provides a list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by a regulatory legal act of a constituent entity of the Russian Federation Federation, can be supplemented with services and (or) work on façade insulation, conversion of an unventilated roof to a ventilated roof, installation of exits to the roof, installation of automated information-measuring systems for accounting for the consumption of utility resources and utilities, installation of collective (common house) resource consumption metering devices necessary for the provision of public services, and units for managing and regulating the consumption of these resources (heat, hot and cold water, electricity, gas) and other types of services and (or) work.
3. If the owners of premises in an apartment building decide to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, part of the capital repair fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on major repairs of common property in an apartment building.
4. The list of services and (or) works for major repairs of common property in an apartment building, which can be financed from state support provided by a constituent entity of the Russian Federation, is determined by a regulatory legal act of a constituent entity of the Russian Federation.
5. Work on major repairs of common property in an apartment building may include work on the replacement and (or) restoration of load-bearing building structures of an apartment building and (or) utility networks of an apartment building, classified in accordance with the legislation on urban planning activities as reconstruction of capital construction projects .
