Case NF09-10188/16 in case No. A71-7887/2015. On the collection from the municipality of expenses for major repairs of the house, target fees for maintaining a special account and the assessment of contributions for major repairs.

Since 2014, in some regions of our country, apartment owners located in apartment buildings began to receive receipts for payment for major repairs.
This raised many questions among the population. Moreover, some of them are still relevant today. People don't understand what justification there is for such expenses. Owners of Moscow apartments also joined the residents of the regions. Increasingly, we receive questions on the portal about the relationship between the contribution rate and legislative provisions, whether it is possible to challenge payments and the debt on them through the court, etc. In this article we will try to understand what contributions for major repairs are: to pay or not and judicial practice in 2020.

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What does Russian housing legislation say?

In order for the reader not to study the housing legislation of Russia, we suggest that you familiarize yourself with the main aspects of paying for major repairs of apartment buildings:

1. Contributions are mandatory.
2. The amount of payment in the receipt for major repairs is generated for a specific region in a separate manner. For example, in 15, the capital’s tariffs for mandatory contributions were 15 rubles/m²; for St. Petersburg - 2.5 rubles, and for the Tyumen region - 20 rubles.
3. To calculate how much it is necessary to pay contributions specifically for your home, calculations should be made according to the formula, where the area of ​​​​the housing (m²) must be multiplied by the established size. For example, in the region of residence the amount is set at 25 rubles, the total area of ​​housing is 45 m², then 25 * 45 = 1125 rubles for the monthly payment for major repairs.
4. Payments to the capital repair fund are made by the owners of both residential and non-residential premises, if they are located in an apartment building.
5. The funds that the owners transfer every month are intended for carrying out repair work on the property that is in common ownership.
6. These paid funds can be credited to the account of both the regional fund and the personal account of the house.

All these nuances will be written in this article.

How to cancel a court order for major repairs: procedure and conditions

Civil procedure legislation allows the capital repair fund to make demands for payment in a simplified manner within the framework of writ proceedings. A court ruling in the form of an order is a document issued by a judge alone in order to satisfy the demands of the creditor for a debt amount not exceeding 500 thousand rubles.

Let us note that an order can be issued only in cases expressly provided for by law, including those formulated in Art. 122 Code of Civil Procedure of the Russian Federation. In accordance with Art. 122 of the Code of Civil Procedure of the Russian Federation, when a demand is presented for repayment of debt for residential premises and housing and communal services, a court order is issued in court. An application for a court order for major repairs is submitted by the claimant at the debtor's place of residence in writing, and the applicant is obliged to send a copy of the application to the debtor.

We note that the contribution for major repairs by the legislator in accordance with clause 2, part 2 of Art. 154 of the Housing Code of the Russian Federation is included in the housing fee provided for owners of premises in an apartment building. At the same time, refusal to make contributions for major repairs, as well as refusal to enter into an agreement with the management company, is not a basis for exemption from payment of these payments. These circumstances allow us to conclude that such contributions fall into the category of mandatory payments for property owners in apartment buildings.

A court order for a capital contribution must have the mandatory features inherent in any court decision, namely, an indication of the name of the court, the date and place of the order, the timing and procedure for appealing, information about the claimant and the debtor and other information directly specified in Art. 127 Code of Civil Procedure of the Russian Federation. A sample court order for major repairs, issued in strict accordance with the law, must contain all mandatory information, including directly indicating the provisions of the law, as well as the amounts to be recovered.

Objection to a court order regarding the capital repair fund: sample

Many people learn about the court’s ruling and the existence of a debt directly when funds are written off from an account or when a personal bank account is seized during the process of enforcement proceedings. If a court order has been issued for major repairs, what to do and how to appeal it, you should first of all request a copy of the act from the court and familiarize yourself with it. If the amount of debt is unreasonable, is collected for a period of more than the last 3 years, and previously made payments are not taken into account, then the court order to collect capital repairs is subject to cancellation.

In accordance with Art. 129 of the Code of Civil Procedure of the Russian Federation, on the basis of the debtor’s objections, the court order for major repairs is canceled - a sample is available below. One of the main conditions is the filing of objections within the established period, which is 10 days. The term is calculated according to the general rule established for procedural deadlines in Chapter. 9 Code of Civil Procedure of the Russian Federation. In particular, the 10-day period begins to run the next day after receipt of the court order and ends after 10 days. Please note that if the last day for filing objections falls on a weekend, it will be moved to the first working day after the weekend or holiday.

Objections to a court order for major repairs must contain both mandatory information that makes it possible to determine in what case they were filed, as well as arguments presented in free form, with reference to the current legislation. In objections sent to the court in order to cancel the court order to collect capital repairs, indicate the following information:

• name and address of the court (full name of the judge);
• case number;
• name of the document (objections and indicate the court decision that is subject to appeal);
• information about the applicant and debtor (name, registration address and other known data);
• arguments on the basis of which the court order should be canceled (please note that the court will not consider them on their merits and in fact you can simply write that you do not agree with the court decision);
• requirement to cancel a court order for major repairs;
• Full name and signature of the applicant, date of signing.

You can download objections that can be used as a sample for canceling a court order on capital contributions using the link below:

Sample objections to a court order

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Please note that objections must be accompanied by a copy of the disputed court order and proof of receipt, such as a copy of the postal envelope with the tracking report.

Who should pay for the capital repair fund?

According to current laws, contributions for capital repairs of apartment buildings are made in two ways:

1. The money is transferred to a special personal account at home.
2. The money is transferred to the bank account of the regional operator.

Background information: The option of collecting funds is carried out at a meeting of homeowners. But, as a rule, such events are not held, so the second option is selected automatically.

However, the second option (through a regional operator) has less favorable efficiency, because It is the operator who determines the order of repairs. That is, the operator is a structural unit created at the local level to resolve such issues. In view of this, the apparatus of local government officials in 2020 is obliged to:

1. It is reasonable to choose a banking institution where the collected financial resources will be located.
2. Establish a period for major repairs for each apartment building in the territory that falls under their control.
3. Establish a list of planned repair work.
4. Engage in organizational activities for carrying out major repairs, namely: searching for contractor organizations, quality control, calculations.

Background information: Let us note that there are many controlled real estate objects for one operator. Responsible persons are required to know the condition of each object. But practice shows that they do not possess such knowledge. Therefore, it is not a fact that the house’s overhaul is carried out according to the specified period. It also remains questionable how the problems will be resolved.

Based on the above, we can conclude that the best choice of account for transferring funds for major repairs of residential common property is better to choose the first option. Please note that you can create such an account within a sixty-day period after accepting participation in this program. In all other cases, the funds automatically go to the account of the regional operator.

But when choosing the first option, where funds are transferred to the MKD account, there are also aspects that need to be taken into account. So, at the general meeting of owners, it is necessary to determine:

• The contribution amount, which should not be less than the tariff established by the state. But, if the residents wish, it can be increased.
• Make a list of repair services that will be provided through contributions.
• Period of provision of repair services.
• The banking institution where an account will be opened for storing funds.
• Who will be the owner of the current account is an important point, because the house is not a legal entity. face.
• The contractor who will provide repair services. It is also necessary to draw up a preliminary estimate.

The quality of the work performed is assessed and controlled either by a group of owners or by the house council.

Legal grounds for paying contributions for major repairs: amount, terms and benefits

The legal basis for paying contributions, forming a fund, as well as organizing and carrying out repairs at the expense of homeowners in apartment buildings is Section 9 of the Housing Code of the Russian Federation, included in the collection of housing standards in accordance with Federal Law No. 271-FZ of December 25, 2012. Since these additions, the problem of paying contributions for major repairs and the possible consequences in case of non-payment has become acute among citizens.

The issue of compliance of charging fees for major repairs with the current norms of housing legislation and the principles of the Constitution of the Russian Federation was finally resolved by the Constitutional Court of the Russian Federation. According to the explanations set out in the Resolution of the Constitutional Court of the Russian Federation dated April 12, 2016 No. 10-P, based on a request from deputies of the State Duma of the Russian Federation, Part 1 of Art. 169 of the RF LC is recognized as not contradicting the fundamental law of the state. It is in this norm that the obligation of owners to contribute funds is established. Thus, contributions for major repairs were constitutionally recognized as legal; accordingly, the court’s decision will not cancel the obligation to pay the contribution, but will only allow checking the amount of funds to be paid from the point of view of legality and validity.

In its explanations, the Supreme Court on contributions for major repairs formulated the following main provisions (Resolution of the Supreme Court of the Russian Federation dated June 27, 2017 No. 22):

• the minimum amount of contributions is set at the regional level (clause 2);
• capital contributions are included in the payment for housing and utility services (clause 11);
• the obligation to contribute is assigned only to the owners (clause 29) - for housing provided under social rent, the obligation is assigned to the landlord;
• in case of temporary absence, the owners are not released from the assigned obligation (clause 37).

Thus, the amount to be paid for major repairs is set at the regional level. The main criteria influencing the amount of the contribution are the year of construction and the presence of an elevator. The base rate is set for 1 sq.m., while the receipt generated by the regional operator or the apartment building’s own fund indicates the full amount to be paid depending on the area of ​​the premises. The said receipt also indicates the payment deadline. Please note that payments are made on a monthly basis.

Benefits for paying fees for major repairs

The legislator provides for both complete exemption from paying contributions for major repairs and subsidizing part of the payment in the form of compensation. To receive a subsidy, you must pay the fee in full and subsequently apply for compensation.

In accordance with Art. 169 of the Housing Code of the Russian Federation, the following persons are completely exempt from making payments:

• owners of premises in a house recognized as unsafe, with an indication of the need for its demolition, as well as in houses located on the territory of a closing city or other settlement;
• pensioners who have reached the age of 80, subject to living alone;
• homeowners in new buildings, commissioned at least 5 years ago;
• owners of premises in apartment buildings for which the capital repair program has not been approved.

Pensioners living alone who have reached the age of 70 have the right to a subsidy in the amount of 50% of the cost of paid payments.

Thus, the collection of the fee is a legal and reasonable obligatory payment. The consequences of non-payment are similar to other mandatory payments. On the basis of a court order, enforcement proceedings are initiated, and enforcement measures are applied (seizure of accounts, ban on traveling abroad, seizure of property transactions, etc.).

To pay or not to pay – that is the question

Even before 2014, the population paid for utilities, despite their systematic increase. However, the housing and communal services reform in 2019 caused these tariffs to increase by a quarter (according to average statistical data). And this happened in conjunction with rising unemployment. It was these factors, plus the unstable economic situation in the country, and in the world, that led to the fact that people began to count every penny. The issues of contributions for major repairs and high tariffs “came out of the kitchen” to the public. And now they are discussed in the media as one of the most exciting topics for the people.

However, despite the unrest of the masses, applications are coming to our portal with a request to clarify whether they can recover from the owner if he does not pay to the capital repair fund?

The law gives a clear and definite answer on this matter.

Owners of apartments located in apartment buildings are required to make contributions to pay for utilities. And contributions for major repairs are an integral part of it.

This is indicated in the Housing Code of Russia in articles No. 153, part 1, No. 154, paragraph 2, part 2.

Based on this, non-payers of such contributions may be held liable:

• The accrual of penalties, which is regulated by the Housing Code of Russia, namely Article No. 155, Part 14.1.
• Debt collection through judicial authorities, as specified in the Code of Civil Procedure of Russia in Articles No. 122 and No. 131.
• Imposing a ban on leaving the country if the amount of debt exceeds 10,000 rubles - this is regulated by Federal Law No. 229 of 09/02/07.

Of course, not every Russian expert will approve of such penalties. For example, Elena Mogilevskaya says about major repairs: “It is necessary to use the Civil Code of the Russian Federation, namely Article No. 702, because concluding a contract for major repairs is a voluntary action. But you can’t demand monthly contributions.” Here Elena means a public contract and if, on the basis of it, the owner pays once according to the receipt, then this means that he agrees with these conditions. And then he will be obliged to pay every month.

But, despite this opinion, the owners do not have the right to be guided by it, i.e. there is no legal support.

Contributions for major repairs need not be paid - decision of the Constitutional Court 2021

On April 14, the Constitutional Court finally put an end to the legislative solution to the question: “Will citizens of the Russian Federation pay for major repairs?”

Let us examine in detail what the Constitutional Court ruled on the major repairs of apartment buildings? Contributions for major repairs may not be paid, does the decision of the Constitutional Court confirm this or not?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

On December 25, 2012 , with the adoption of Federal Law No. 271-FZ, responsibilities for major repairs of apartment buildings were assigned to the owners of living space, that is, to ordinary citizens. Previously, these functions were performed by the Housing and Communal Services Fund.

Funds can be collected:

1. On the general account of the Regional operator . The operator himself decides how to spend the collected money and determines the priority of repairs to residential buildings.
2. On a special account . Property owners of an apartment building deposit funds into a separate account from which only repairs to that building will be carried out. The account owner can be a HOA, a management company or a Registrar.

The trial began at the initiative of deputies from A Just Russia and the Communist Party of the Russian Federation .
The Constitutional Court received a request from the “fair Russians” about whether the contribution for capital repairs was legal in the fall of 2015. According to the Social Revolutionaries, collecting money from the population and transferring it to a general account is contrary to the Constitution .

After paying receipts for major repairs, citizens are deprived of the opportunity to manage their funds. They can only wait for the moment when their house will be included in the regional program, and watch as others are repaired at their expense.

In fact, it turns out that people pay for the repair of other people’s property , which violates Articles 210 and 249 of the Civil Code of the Russian Federation.

According to deputies, which are published on the Internet, only 9% of apartment buildings were able to open a special account . The rest were forcibly united into the “Common Cauldron”.

The Social Revolutionaries demanded that the “Common Cauldron” be declared illegal.

Supporting their colleagues in parliament, deputies of the Communist Party of the Russian Federation raised the issue of the legality of fees for major repairs from persons who became owners as a result of privatization.

The communists point out that housing was transferred by the state on an “as is” basis and its condition in many cases was unsatisfactory.

The new law on major repairs retroactively relieves the executive branch of the obligation to transfer housing of proper quality to owners or repair it in the future.

Considering the commonality of the problems raised, requests from representatives of the Communist Party of the Russian Federation and A Just Russia were combined into one proceeding .

The meeting of the Constitutional Court took place on March 3, 2021.

Representative of the Communist Party of the Russian Federation Vadim Georgievich Solovyov and deputy from A Just Russia Galina Petrovna Khovanskaya acted as the “accuser” of the overhaul.

Khovanskaya G.P. This is not the first time he has protected the interests of homeowners. In the 90s, as a member of the Housing Commission, she represented the housing rights of citizens in courts with the Central Committee of the CPSU.

The positions of the authors of the law were defended by the representative of United Russia, deputy D. Vyatkin, deputy chief of staff of the Federation Council Yu. Sharandin, plenipotentiary representative of the President M. Krotov, government plenipotentiary representative in the highest courts M. Barshchevsky, Deputy Minister of Construction and Housing and Communal Services A. Chibis.

Representatives of the Prosecutor General's Office and the Ministry of Justice of the Russian Federation expressed their opinion on the issue of compliance of the law with the Constitution of the Russian Federation .

The decision on the case was made by a panel of 15 judges of the Constitutional Court of the Russian Federation, chaired by Valery Dmitrievich Zorkin .

who addressed the Constitutional Court of the Russian Federation posed the following questions to the judges :

Is the transfer of money for major repairs to the general account of the regional operator consistent with the Constitution ?

Currently, such enrollment is made “by default” unless homeowners express a desire to open a special account for their home.

G. Khovanskaya notes that citizens were not sufficiently informed, and many simply did not have time to complete the necessary documents within the 2-month period allotted by law.

• Was it legal to shift onto the shoulders of citizens the responsibilities of former owners for major repairs of housing transferred as a result of privatization?

The position of the “defenders” of capital repairs was that all of the above issues do not affect the constitutional foundations in any way and arose as a result of the imperfection of the legislation on capital repairs in general.

They say that the law is new, there are still many “blank spots” in it and, of course, it needs to be improved. However, this does not affect the legality of the main provisions of the document. Dilapidated housing needs to be repaired, but there is no money in the budget.

The Prosecutor General's Office and the Ministry of Justice of the Russian Federation supported this position.

Initially, the General Prosecutor's Office approved the position of the Social Revolutionaries and Communists, recognizing fees for major repairs as contrary to the constitution. Later, the letter from the Constitutional Court of the Russian Federation was withdrawn.

At the same time, some of the deputies' complaints were satisfied.

You can get answers to the questions: whether to pay or not, and when the Constitutional Court will cancel the fees for major repairs, by reading the Court’s decision below.


It is necessary to pay for major repairs, the Constitutional Court has finally decided this issue.

Collecting money on the general account of a regional operator is legal , but only if the municipal authorities have taken sufficient measures to inform residents about the possibility of choosing between a “common boiler” and a special account at home.

If the municipality has not done anything to organize a general meeting of residents of the house, homeowners can challenge the decision to collect their contributions to the “common pot” in court .

also retain the right to refuse the common account out of court by making an appropriate decision at a meeting of the residents of the house. In this case, the transition to a special account will be carried out after 2 years.

The repair of housing transferred to citizens as a result of privatization will be carried out by the state, if at that time it was recognized as unsafe. But the owners will have to pay for subsequent major repairs.

Legislators were instructed to work on “refining” the regulatory framework , especially in terms of control over the expenditure of collected funds.

At the insistence of the judges, the law will be finalized to eliminate all “blank spots” and possible inaccuracies in interpretation.

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Opposite my house, where I live, there is a family hostel. There were fires on the first floor, and on other floors too. All the windows there are boarded up with plywood or boards, and some (there are many of them) stand with broken glass, not insulated and not boarded up. Naturally, after many fires, the premises are not suitable for habitation. I regularly pay for major repairs, but the subsidy is only 120 rubles returned to me, I recently learned about this from the social protection department. I am a pensioner, a labor veteran, a direct participant in nuclear tests at the Semipalatinsk nuclear test site from 1973 to 1983. In the Republic of Kazakhstan, he was equal to the UVOV by decree of President Nazarbayev and had a discount even in a private clinic and the traffic police of 50%, as well as for paying for an apartment. I did not receive any compensation in the Russian Federation. Moreover, instead of being sent to resettle in the city of Samara (where no one was waiting for us, we were refused due to the lack of work and hostel, I ended up in the far north, where I earned polar labor for 5 years, although the length of service was already above the norm, and the experience as a person exposed to radiation in The Russian Federation was not accepted) When I moved in 1997, I was denied benefits because... I am a civilian, but the Ministry of Emergency Situations did not recognize the received radiation dose of 35 rem. As a forced migrant, I was also rejected due to my late application, although Moscow promised me to extend the resettlement period, but did nothing. The Ministry of Emergency Situations reports that in Semipalatinsk there was only 1.05 rem (sSv). I personally saw and experienced the first nuclear explosion near Semipalatinsk on August 29, 1949, (I will not describe my condition at that time) The Murmansk district and regional court refused to protect my family, having certificates of victims of nuclear tests conducted by the USSR. The documents bear the official seal, which complies with the law. Only 47 years later, Chernomyrdin and Kasyanov compiled a list of settlements affected by Ya.I. and forgot to include Semipalatinsk, which is 300 years old, renaming it Semey, and Yeltsin vetoed the law for civilians of participants Y.I. and this issue was removed from the agenda in the State Duma. Until now, our issue has not been resolved because until now there is no agreement between Russia and Kazakhstan. What injustice is it to be in the far north, where everything is falling apart, and I have to pay. There are 3 such dormitories. Who should restore them? And the 9-story house has been standing at the entrance to Kovdor for more than 20 years, with gaping holes in the windows and no one cares about it.

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Recently, the legality of certain government contributions has become a pressing issue. Major repairs - do such fees contradict the constitutional rights of a citizen of the Russian Federation? It was this topic that was raised for consideration in the constitutional court, in the process of introducing amendments to the Housing Code of Russia. The latest news on changes to the overhaul clause was posted by the Constitutional Court on the official website on April 12, 2021.

Many citizens are concerned about the legality of the fee for major repairs, why such a payment is not equivalent to a tax fee, which is already paid monthly. Where does the general money go, are enough funds allocated to the needs of the house, is it worth creating a separate account or is it better to use a regional boiler, does the collection for major repairs contradict constitutional rights? Similar disputes arise all the time, but only a specialist can give a competent answer:

• A lawyer from a government office will help explain the method of calculating and distributing capital repair funds. What services can be paid for through such fees?
• Lawyers for private agencies often encounter disputes related to the legality of the distribution of capital repair funds by a regional operator. Residents of the house have the right to demand an estimate for the repair work carried out.
• An online lawyer provides free consultations on the website around the clock and will help with resolving any controversial issues and with the desire to create a separate account for residents of a particular building.

Important: In 2021, the Supreme Court made changes to the Housing Code of the Russian Federation in order to resolve possible disputes between regional operators and residents of apartment buildings.

The constitutional court considers the fee for major repairs as a legitimate payment for housing and communal services provided by the state to apartment buildings. The main difference between a tax fund is the distribution of funds for any needs of citizens. For example, taxes can be used to pay for road repairs, lighting the area, or purchasing medical equipment. The fund, which is formed from contributions for major repairs, goes to pay for the repair work of a particular residential complex. A resident of an apartment building pays the costs of maintaining the common area, which is received when purchasing the apartment.

The main differences between taxes and payments for major repairs:

• Contributions for major repairs must be paid monthly, like all utility bills, funds go to a separate account and not to the state treasury.
• Taxes go to meet any needs of the state, and with the help of the fund for major repairs, it is possible to resolve issues with meeting the needs of a particular residential complex or high-rise building, for example, to repair the roof.
• Funds from the overhaul account can only be spent on certain purposes provided for by law. Taxes are distributed as needed and do not have a specific purpose.
• Residents of a housing complex receive at their own expense a number of services aimed at major repairs, but paying taxes does not guarantee receiving certain benefits in return.

Important: If the residential building was privatized, then the state retains responsibility for major repairs of the building. That is, the law provides for initial home repairs at the expense of the state budget.

The law provides for two ways to generate an account for a separate home:

• A separate personal account is formed from contributions from residents of one house.
• The common pot is formed from contributions from residents of the region.

Important: Residents of the house can at any time stop transferring funds to a common account and form a separate fund. After making a decision, they are obliged to inform the regional operator of their intention to form a separate fund.

Residents who intend to create a separate account for transferring funds for major repairs will receive this opportunity only two years after the decision is made. You can speed up the process of separation from the common boiler with the help of a regional court. In this case, the court decision may enter into legal force 2-6 months after the decision is made. All funds accumulated in the common pool through contributions from residents are transferred to a separate personal account.

After a separate personal account has been created, the residents themselves are responsible for major repairs of the house. All repair work, costs, monitoring of compliance with standards, etc. carried out by residents or a formed committee.

Important: If, before the decision to disconnect, major repairs had already been carried out in the house using funds taken from the general fund, and this amount exceeds the savings of the residents of the housing complex, then they cannot form a separate fund until all loan debts are repaid.

Repair work is carried out in the order of priority established by the regional operator. But if the house is in disrepair, major repairs can be carried out out of turn. Funds accrued to the general account cannot be spent on other city needs; this is regulated by current legislation; in case of theft or unconstitutional disposal of money, criminal proceedings may be opened. Those guilty of unlawful disposal of funds intended for major repairs may incur administrative or criminal liability.

If the amount of repairs exceeds individual charges for the housing complex, the regional operator can take out loans or pay with the general funds of the boiler, due to further repayment of major repairs by residents. Thus, if repair work has been carried out, this does not give residents the right not to pay a fee for major repairs.

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If the city authorities did not inform residents in time about the procedure for making a contribution for major repairs, residents of the house have the right to change the deadlines for creating a separate account and paying the fee through a judicial procedure. If residents were informed in advance about the collection, according to the decision of the Constitutional Court in 2021, then the city authorities can independently direct the payments to the city’s general fund.

Important: The renovated house must comply with the rules of safe operation and not contradict legal standards. Otherwise, residents can go to court to bring the regional operator to administrative and financial liability.

The law provides for the types of repair work on which funds collected from residents of the house can be spent:

• Repair of internal heating systems.
• Troubleshooting electrical problems at home.
• Elimination of emergency drainage and water supply.
• Repair of internal gas pipeline systems.
• Repair of elevator shafts or replacement of an elevator unsuitable for further use.
• Robots for the restoration of the facade of a house.
• Restoration of damaged foundation.
• Roof replacement or roof repair.
• Repair of common property basements.

How can a regional operator distribute funds from a common pool:

• Payment for repair work performed.
• Payment of costs for drawing up the necessary documentation and engineering calculations.
• The issuance of loans and borrowings for repair work, repayment of interest and debt is carried out from funds used to pay for major repairs.

Important: If the house is not subject to further use and is in disrepair, the money accrued by residents to pay for major repairs can be used for reconstruction or demolition of the building. The Constitutional Court of the Russian Federation recognized the legality of the transfer of a residential building into the ownership of the city administration; in this case, all funds for major repairs will be reimbursed to residents.

Due to numerous requests from citizens, changes in the accrual of funds for major repairs, the Constitutional Court posted the latest news on the official portal. Those who expected the fee to be canceled were disappointed. The 2021 law hasn't changed much. Some rulings of the Supreme Court have changed, namely, the adjustments affected the rules for informing residents about the possibility of creating a separate personal account. Also, citizens of the Russian Federation now have the opportunity to refuse the services of a regional operator at any time.

It is worth noting that the court decided to make a number of changes in the general work of the law, namely the provision of reporting to residents for the expenditure of funds. The right of city authorities to transfer funds to a common pot remains unchanged, and citizens are obliged to recognize such a decision if they did not manage to create a separate account. But even if the house was included in general management, residents can form a separate fund through the courts.

On April 12, the final decision on checking the constitutionality of articles of the Housing Code of the Russian Federation on contributions for major repairs finally appeared on the website of the Constitutional Court of the Russian Federation. Let's say right away: a miracle did not happen, and contributions for major repairs were not canceled. However, there are a couple of useful things to take away from the huge ruling. What does the Constitutional Court say about contributions for major repairs?

For everyone who didn’t believe: Article 169 of the Housing Code of the Russian Federation, which states that all owners are required to pay monthly contributions for major repairs, does not contradict the Constitution. Ownership of an apartment is not only pleasant (ownership, use and disposal), but also unpleasant (the burden of maintaining one’s property). In an apartment building, in addition to your 33 square meters, you also receive ownership of the common property of the apartment building. Accordingly, they must pay taxes on this common property (for the land plot under the house) and bear the costs of its maintenance (including paying for major repairs).

4 main differences between capital repair contributions and taxes:

• Taxes are collected to cover all kinds of state expenses, while contributions for major repairs go to pay for specific work and services to repair the common property of a particular house, which meets the interests of the resident of this house, Vasily Pupkin, and not the inhabitants of the Kremlin and the State Duma.
• Taxes do not have a specific purpose - roughly speaking, they go towards road repairs and medicine. Contributions for major repairs have clear spending purposes - they are listed in Part 1 of Article 174 of the Housing Code of the Russian Federation.
• Contributions for major repairs are not transferred to the budget (like taxes), but go either to the individual account of the house or to the account of a regional major repair operator. The owners of the collected contributions are all owners of apartments in this apartment building.
• Contributions for major repairs are of a paid nature, since in return each of the owners will receive a renovated house. Taxes are transferred to the budget free of charge, just like that. That is, you can pay taxes, but you won’t necessarily benefit from free healthcare or free education.

This applies to those houses that required major repairs at the time of privatization, and is written in Article 16 of the Law “On the Privatization of Housing Stock in the Russian Federation”: in relation to houses requiring major repairs at the time of privatization, the former landlords retain the obligation to carry out major repairs. No one has canceled the article, it is in force, that is, the state / municipality is obliged to make one major repair of a privatized house at its own expense. All subsequent major repairs of such houses will be carried out at the expense of the apartment owners themselves.

The Constitutional Court writes that these houses should be included in the regional overhaul program as a matter of priority and funds should be allocated for their repairs from budgets at all levels. Although the procedure for fulfilling this obligation to carry out repairs requires specification.

Important: failure to carry out major repairs of the apartment building by the former landlord does not exempt apartment owners from paying contributions for major repairs. Municipalities and the state that own apartments in apartment buildings are also required to pay contributions for major repairs.

What to do if the owners of apartments in an apartment building did not choose the option of accumulating contributions (individual house account or common boiler) within the time limits established by law or made a decision but did not implement it? In this case, the legislation gives local governments the right to make decisions for the house and create its capital repair fund on the account of the regional operator.

If the municipality has taken all necessary measures to inform residents, this rule does not contradict the Constitution. If the municipality has not communicated such information to the residents, and major repairs have not yet been carried out in the house, the residents can, through the court, change the procedure for depositing funds ahead of time and collect contributions to the house account.

Owners can change the method of forming the capital repair fund at any time. It is enough to make a corresponding decision at a general meeting. An exception is when the house has an outstanding debt to pay for major repairs already completed, on a loan or loan.

The decision must be sent to the regional operator within 5 days. However, it will come into force only after 2 years. A shorter period may be established by regional legislation. At the moment, only 38 subjects of the federation have taken advantage of this right, and in some of them the period has been reduced to 2-6 months. After the decision comes into force, the regional operator is obliged to transfer all funds accumulated by the house to its special account within 5 days.

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What is the difference between the formation of a capital repair fund in a special account and in a general boiler? When choosing a special account, the owners themselves accumulate the required amount and organize the overhaul work themselves. When money is accumulated in a common boiler, the organization of major repairs is carried out by the regional operator according to the major repair program approved in the region.

Centralized fundraising helps the regional operator timely find funds for repairs, incl. for urgent overhauls in emergency buildings. Residents of a renovated house remain obligated to pay contributions for major repairs. Thanks to them, the spent funds of other houses will be returned to the common pot.

If residents believe that the order of repairs was determined biasedly (without taking into account the condition of the house), then they can challenge it in court. The Constitutional Court also reminds that regional capital repair operators do not have the right to spend funds from the common pool on their administrative and business expenses - there is no such purpose for spending in Part 1 of Article 174 of the Housing Code of the Russian Federation.

Resolution of the Constitutional Court of the Russian Federation 10-p dated April 12, 2016 is final and not subject to appeal, and came into force from the moment of proclamation.

After the first receipts for collecting funds for the capital repair fund appeared in various regions, most property owners were puzzled by the legality of the authorities’ actions. A court ruling in one of the regions of the Russian Federation added “fuel to the fire,” which stated that all contributions are voluntary and not obligatory.

Rumors that fees for major repairs may not be paid, following the decision of the Constitutional Court, spread with lightning speed. Let's take a closer look at how true this is from a legal point of view. Contributions for major repairs, Constitutional Court, text of the decision.

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Disagreement in society was caused by the ruling of the Supreme Court of the Russian Federation NoA 57-APG 14-2 of 06/04/2014, which allows not to pay fees for major repairs on supposedly legal grounds. This decision was made exclusively for residents of the Belgorod region; it did not affect other regions. The decision was subsequently appealed and all apartment owners were required to pay receipts for major repairs.

In the current situation, it is necessary to understand that each region has its own rules and laws. Therefore, all decisions made relate only to specific cases, but not to the entire country as a whole.

In 2021, the Constitutional Court recognized fees for the capital repair fund as legal. All property owners in apartment buildings are required to pay them, with the exception of preferential categories of citizens determined at the regional level.

The legality of contributions for major repairs is determined in the Housing Code of the Russian Federation and Federal Law No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services.” They indicate that all property owners in apartment buildings are required to maintain the local area at their own expense and carry out major repairs of buildings.

To collect and distribute funds, each region creates its own fund with the simultaneous adoption of regulations. The money collected for major repairs goes into the “common pot” or into a specially created account at home.

Certain categories of citizens are legally exempt from paying fees:

• elderly people over 80 years old;
• citizens living in a non-privatized apartment;
• owners of apartments in new buildings;
• owners of private houses;
• disabled people of groups 1 and 2.

The above list is determined at the regional level. Its clauses may be supplemented or deleted in various areas.

Failure to pay fees may result in penalties and interest. Their size and timing of introduction are set at the regional level. Eager defaulters will receive several warnings about the need to urgently pay the debt. After they are ignored, the fund's lawyers draw up a claim and send it to the magistrate or district court.

As judicial practice shows, most of the claims from the capital repair fund are satisfied in full. At the same time, the apartment owner will have to pay not only the accumulated debt, penalties and fines, but also legal costs. Failure to pay them may result in seizure of real estate and bank accounts by bailiffs.

Debtors may also face problems traveling abroad. Their name is entered into the customs database and excluded from it strictly after the debt is repaid.

Accumulating debt is bad for your credit score. A debtor may be rightfully refused to receive even a small consumer loan. It is also possible that some certificates may be refused by housing and communal services or the management company.

Many residents of the Russian Federation have come to the conclusion that since the concept of “fund” implies carrying out various charitable events, payments for major repairs are voluntary. In fact, this is not true!

Payment for major repairs of an apartment building is legal. It can be called a kind of tax that every homeowner is required to pay.

In addition to responsibility for their apartment, owners are fully responsible for the condition of the common property of the house. The burden of maintaining it falls on their shoulders, whether they want it or not.

Article 154, Part 3 of the Civil Code of the Russian Federation (as amended by Federal Law No. 263-FZ of July 21, 2014) clearly states that apartment owners are required to bear the costs of maintaining the local area and repairing the house.

The Constitutional Court of the Russian Federation called for clarifications to the laws relating to fees for the capital repair fund. This action is aimed at clarifying some regulations and creating transparent work of funds.

The basis for introducing and developing changes was an appeal to the Supreme Court by several deputies who considered fees for major repairs to be inappropriate and unlawful. Indignation was caused by the accumulation of funds in a “common pot”, during the distribution of which homeowners cannot independently decide the fate of the funds paid. They want to leave citizens the choice of leaving the boiler at any time and allow them to open a separate account for their home at any time.

The activities of the fund, according to the Constitutional Court, should be as open and informative as possible. At the same time, contributions should not be considered as a tax, they are a payment for services that will be provided in the future.

Amendments are planned to be made in the near future.

Each apartment owner must answer the question: “Should I pay or not?” Today, many citizens of the country unlawfully refuse to pay. But this does not relieve them from legal responsibility for collected debts. Sooner or later, you will have to pay for them. Therefore, it is better not to delay until the trial.

The defaulter will have to incur a number of additional costs (fines, penalties). On average they will be 1500 - 2000 rubles. And they can cause the seizure of property, seizure of accounts and automatic debiting of the amount of debt from them.

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Consequences of failure to pay contributions for major repairs

To collect funds and their further distribution, Foundations have been formed in each constituent entity of Russia, the activities of which are subject to uniform regulatory documents. Payments transferred for major repairs are stored in one account. However, owners may decide to make contributions to a separate building.

Is it possible not to pay for major repairs, the Supreme Court clarified in June 2014.

Based on the resolution and in accordance with current laws, the following persons are exempt from payment in the Russian Federation:

• citizens upon reaching 80 years of age;
• consumers from non-privatized real estate;
• homeowners in new buildings;
• private sector;
• people with disabilities of the first and second groups.

Adding and canceling categories in the list is allowed at the regional level.

How to properly open a special account for the overhaul of an apartment building.

Refusal to secure contributions is considered illegal. Failure to pay will result in fines and penalties. The size and frequency are also set by municipal authorities. Malicious debtors first receive a notice of the need to deposit funds. If the notifications are ignored, a claim will be filed in court.

Legal practice recognizes that the vast majority of requests for debt collection for major repairs are satisfied by 99%. When it comes to court, the property owner, in addition to the debt, needs to financially provide for costs, penalties and sanctions.

If a refusal follows, the bailiffs have the right to impose an encumbrance on the apartment, bank accounts and wages to fully repay the debt. Additional enforcement measures include a ban on travel outside Russia. In addition, the name of the owner of the property is added to the Fund’s blacklist. It is possible to remove a full name from the debtor database only after providing the bailiffs with a receipt for the transfer of payments in the amount of 100%.

The procedure for legally carrying out current and major repairs from general house payments

How does a major overhaul differ from a current one?

Every year, in each apartment building, various works are carried out to restore and repair common property. Some types of measures globally affect the property of owners, others bring temporary difficulties. However, experts recommend that home owners obtain information about the period of implementation and the differences between one or another type of work.

Differences between overhaul and ongoing activities - comparative analysis

The table provides definitions of the differences between major and current repairs:
Table 1.

The difference between reconstruction and major repairs

Additionally, it is necessary to consider the difference between overhaul and reconstruction work:

Table 2.