Use of capital repair fund funds

What is included in a major overhaul?

According to the Housing Code of the Russian Federation, major repairs are work to restore and replace worn-out structures of the common property of owners in an apartment building to improve characteristics. It is financed from the capital repair fund, which is formed from mandatory contributions from residents. The size of the established contributions depends on the region of residence, the size of the apartment, the presence of an elevator in the building and, in fact, the age of the building. If desired, residents of the house can transfer more than the established contribution. Such issues are resolved by a general vote of owners. If the majority votes in favor, the surplus will be used for additional repairs as required.

It is important to be able to distinguish a major renovation from a current one. Overhaul is aimed at restoring and eliminating wear and tear on building structures, utility systems and communications. These are thorough works that are carried out every 15-25 years and are agreed upon with the apartment owners. Current repairs are carried out to maintain the functioning of the building structures. These are smaller-scale works carried out every year. The goal is to delay major repairs.

The responsibilities of the management company regarding capital and current repairs also vary. As part of the ongoing repair work, the management company (management company) is responsible for the operation and management and organization of the apartment building (apartment building).

Maintenance work includes:

• Regular inspection of common property to identify deficiencies and violations
• General and fire safety
• Preparatory activities before winter
• Current repairs of common property: screw in light bulbs, replace glass or tiles
• Improvement and landscaping of the local area
• Elimination of accidents and their consequences
• Support for communications and intra-house networks
• Garbage removal
• Installation and operation of communal payment meters
• Installation of energy-saving devices

Control and organization services:

• Registration of house occupants
• Identification of debtors
• Payment accounting
• Storing documentation for your home
• Informing owners about tariffs
• Interaction with housing and communal services enterprises
• Report on the work done at a meeting of residents at least once a year.

Major repairs can be comprehensive or selective. In any case, the work will be carried out in parts and does not involve replacing everything necessary at once. In the case of a comprehensive renovation, a large part of the structure will be replaced, for example, the façade of the building will be redone. Selective repairs are designed to restore parts, such as replacing the elevators in a house.

The work included in the overhaul program includes both full and partial restoration:

• engineering systems
• electricity, heat, gas, water supply
• drainage
• elevators and elevator shafts
• machine and block rooms
• roofs
• basement common areas
• facade and foundation of the building

This list is supplemented as necessary depending on the climatic characteristics of the region.

For those who rent out an apartment, it is important to know that the tenant can pay for the maintenance of the apartment building, or current repairs, but major repairs must be paid exclusively by the apartment owner.

What are we complaining about?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Request a consultation via the form.
• Use the online chat in the lower corner of the screen.
• Call:

• Moscow region: +7
• Leningrad region: +7

Each resident of an apartment building receives a payment once a month from the management company. It contains a column for housing maintenance and repair. What exactly do we pay for?

First you need to understand that the main document by which lawyers can track the relationship between the owners of apartments in the building and the management organization is the contract for managing the building. It is concluded with each of the residents. It must also spell out the requirements, which in turn must be fulfilled by representatives of the management organization. Often such an agreement is not concluded.

No problem. In any case, the responsibilities of the management company are spelled out in Government Decree No. 290. Primary requirements:

Maintenance

Current repairs of entrances to apartment buildings, in accordance with Resolution No. 290, include:

• Maintaining walls and ceilings in standard condition - painting, whitewashing them
• The railings at the entrance should be maintained similarly.
• Window frames, doors and the elevator must also be in good condition, including painted
• Glazing of windows, plus work to eliminate cracks and gaps between walls and frames
• Maintaining and replacing doors between the entrance and the street

This is ongoing repairs that should be carried out without reminders from residents. There are also repairs at the request of residents in various critical and controversial situations. Let's look at this below.

Premises

Residents often ask questions about the premises in the hallways, which seem to relate to both the common property of the house and the apartments. This:

• Tambours in houses with “Czech” and “hotel” layouts
• Small premises on the ground floor in “Khrushchev” and “Brezhnevka” buildings
• Attic spaces in modern houses
• Technical floors in nine-story buildings built in 1980-2000.

You need to understand that everything that does not belong to the area of ​​the apartment is, accordingly, common property. Therefore, you can safely justify your demands with the Decree of the Government of the Russian Federation if the management company begins to invent excuses for its inaction. And yes, you can also write an application to the Criminal Code for cosmetic repairs of the entrance - it will also be illegal to refuse such requests. Therefore, we feel free to write an application, for example, for cosmetic repairs of the entrance, and indicate the necessary premises. A sample can be viewed on our website below.

Everything that is not included in the area of ​​the apartment is common property.

Entrance canopy

A frequent stumbling block is the canopy over the exit from the entrance. Representatives of the management company sometimes say that they will not maintain it, since it is property outside the home. In fact, in this situation they are wrong:

• They are obliged to repair the entrance canopy as well as the entrance itself and any other property in the apartment building.
• A collapsed canopy in the entrance threatens the health of the residents of the house and their guests, so it is the direct responsibility of the management company to keep it in order.

But - if the canopy is not included in the general plan of the house, but is installed illegally, then the application for repair of the canopy over the entrance may not be satisfied for completely legal reasons. Therefore, be careful in your requirements.

Broken windows

People often ask whether it is correct to write an application for routine repairs of entrances if their windows are broken. On the one hand, representatives of the management organization may state that this is not the general maintenance of the house, since the windows are broken and have not fallen into disrepair for natural reasons. On the other hand, these are not the residents’ problems. Why?

• The management organization must keep the entrances in order, and windows are included in the list of non-load-bearing structures in an apartment building.
• It is the management company that must contact the police regarding broken windows due to hooligan actions of a known or unknown person
• And the management company must civilly recover from the culprit the cost of replacing the windows.

To put it simply, even if the hooligan who broke the windows is known, the management company first repairs the windows, and only then deals with this hooligan. Residents should not be concerned about the problems of the management company when fulfilling the mandatory requirements for maintaining the property of an apartment building.

How to find out what renovation work has been done on your home

You can see what types of repairs and when were carried out in the house on the GIS Housing and Public Utilities website in the section “Learn about work, services around the house”

Enter your home details

Select any tab that interests us

If the house is not found in the system, then you need to register it yourself. This is discussed in detail in the training video.

During the meeting of residents, representatives of the management company are obliged to talk about all the work carried out, funds spent and future plans (established by law). Residents can also make a request in person at the management company office or through the Reforma-ZhKKH website.

Procedure for filing a complaint

There are two ways to submit a complaint to the Criminal Code. In the first case, you should come to the office in person and hand over the paper to the secretary. He is obliged to note the date and time of acceptance, and also send the paper for further consideration.

You can also send a complaint by mail. To do this, we issue a registered letter at the post office with a valuable inventory, attach an application and give the address of the management company.

It is important to format the letter in this way. This way there is a chance to later prove that the letter was actually sent.

Reference. In both cases, make a copy and keep it for yourself. In the future, a copy will serve as evidence if you decide to sue over repairs that were not made.

How is the capital repair fund formed and how much are the contributions?

Funds allocated for major repairs are sent to the capital repair fund, which is formed in a separate account. There are two options: your own special account or the account of a regional operator.

A regional operator is a non-profit organization created in each region of the Russian Federation. Its task is to ensure that major repairs are carried out at the expense of the owners’ funds accumulated in the account of the regional capital repair fund. If you want to save time, then this option is suitable, given that the company will provide information on income and expenses upon request. But it is important to know that the funds transferred to the account of the regional operator will go into the “common pot” and can be used to repair another house. The work of the regional operator is controlled by the housing inspection.

If you want to create a separate special account for an apartment building, you need:

• Make an appropriate decision at a general meeting and send it to the regional operator within five working days.
• Select account owner.
• Select a credit institution for the account.
• Determine the monthly contribution (not less than the minimum).
• Determine the deadline for opening an account, the responsible person, the procedure for submitting payment documents and the costs for them.
• Make sure that the house has no arrears on installments or a loan for major repairs (if any).

The decision will come into force one year after notification to the regional operator (in some regions of the Russian Federation this happens faster). It is important to understand that now the money goes not to the general, but to the individual account of the house. They cannot be spent on someone else's repairs.

The circulation of funds for major repairs is controlled by Rosfinmonitoring, the Prosecutor's Office, and the Accounts Chamber. Every year, the Capital Repair Fund publishes an annual report on its activities, which you can find in the public domain on the website of the Capital Repair Fund in your region. Muscovites can watch it here. The management company must also report to the owners every first quarter of the year about funds for major repairs. You can request information from the Criminal Code yourself, they are obliged to answer you.

It is important to know that the cost of repairs per 1 sq. m cannot exceed the permissible amount of monthly payments (set separately for each locality). For example, for Moscow it is 18.86 rubles. per sq. m. Residents of St. Petersburg living in pre-revolutionary apartment buildings without elevators will pay 8 rubles. 50 kopecks for 1 sq. m, houses with an elevator are more expensive - 9 rubles. for 1 sq. m. Brick buildings from the 70s and 80s. without elevator - 8 rubles per sq.m. m, with elevator - 8.50 rub.

The minimum fund size cannot exceed 50% of the estimated cost of major repairs. Residents have the right to charge more and suspend payments when the minimum amount is reached. To do this, it is necessary to vote at a meeting of residents and establish a new contribution amount for major repairs, equal for all apartment owners. Residents can spend the accumulated excess amount on repairs of common property at their discretion. However, this is not very beneficial for the owners themselves if they plan to sell the apartment.

Let us remind you that from April 6 to January 1, 2021, Russians were exempted from paying fines for late housing and communal services payments. However, major repairs are an exception to the rule. A penalty for non-payment will be charged, but they will not demand it before the deadline set by the Government. In case of violation, you can submit an application to the management company with reference to Government Decree No. 424. During the pandemic, residents of the city of Moscow, Moscow, Penza, Kirov and Rostov regions are exempt from paying contributions. Each region has its own deferment conditions. A number of relaxations have been adopted in the Lipetsk and Kaliningrad regions, as well as the Perm Territory.

Reasons for applying to the Criminal Code

The law provides several grounds for filing an application with the management organization:

1. Failure of the company to fulfill direct obligations. For example, carrying out repair work within a previously determined period, turning on the heating in accordance with the temperature outside, and so on. These are the arguments for filing a claim.
2. Desire to receive information regarding the activities of the management company. The owner has the right to request from the organization an estimate of the costs incurred for repair work and other information of interest to him.

How to understand that a house needs major repairs

It is important to understand that the degree of wear and tear of a building, depending, among other things, on its age, directly affects the priority for major repairs, standards for the consumption of utility resources and contribution rates.

The degree of deterioration of a building is not noticeable to residents until it becomes noticeable during their stay, and the age of the house is not the main or only parameter of deterioration.

Wear of the MKD is assessed according to the documents:

• “Rules for assessing the physical deterioration of residential buildings”, approved by order of the State Civil Construction Committee under the USSR State Construction Committee dated December 24, 1986 No. 446
• “Rules and standards for the technical operation of the housing stock”, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170
• Housing Code of the Russian Federation
• Town Planning Code of the Russian Federation

To make an official assessment of the deterioration of a building, you can contact the Bureau of Technical Inventory (BTI). The assessment will be included in the technical documentation, which will affect how the house will appear in the queue for major repairs. Typically, the level of depreciation of a building is calculated taking into account the year of construction, the number of floors and the degree of capital of the building. Each year, wear and tear can increase by an average of 1%.

You can determine the wear and tear of a building yourself. More often this is necessary when choosing a home, when it is important for the buyer to know whether he is making a safe investment. To do this, pay attention to:

1. Year of construction of the building.
2. Condition of supporting beams, floors, ceilings, floors and roofs.
3. Are there rodents and other pests in the house (affects the condition of the wiring and more).
4. The materials from which the electrical wiring is made, its general condition: check the panel, turn the lights on and off.

In general, a professional assessment includes checking the condition of the facade (cracks, discrepancies, curvatures), the quality of building materials, heating systems, water supply systems, gas pipelines, sewerage systems, and gas pipelines.

The need for major repairs is regulated by law. It must be carried out for buildings with wear from 65% for wooden houses and from 30% to 70% for stone ones.

The main parameters by which the level of wear of individual structures is determined can be viewed here. The higher the actual service life of individual structures, and therefore the overall percentage of wear and tear of the building, the greater the likelihood that the house will be in line first.

Your home needs:

• Complete overhaul if the building is more than 30 years old.
• Selective if the house is between 20 and 30 years old.

Repair of individual elements is determined depending on the materials. On average, the foundation, walls and ceilings last from 30 to 80 years, interior decoration no more than 30 years. All information is noted in the technical passport of the house, which is taken into account when deciding on major repairs.

Sample application for repair of entrance canopy

However, there are often cases when these organizations refuse to fulfill these obligations, citing, for example, a lack of funds or the absence of a corresponding clause in the contract. You should know that in this case it is not the contract that is in force, but the legislation: specifically, the Rules and Standards for the Technical Operation of the Housing Stock, which clearly indicate the frequency of repairs, and also directly indicate the fact that it is the management company that must ensure compliance with the approved frequency of carrying out the relevant repair work . According to the above-mentioned “Rules...”, management companies must ensure that repair work is carried out every five years, and if necessary, even more often. In the event of an emergency condition of the entrance equipment (windows, frames, staircases, steps and railings, walls, ceiling, window glass, etc.), residents have the right to demand that the management organization take measures to eliminate these problems.

How to find out the queue of a house for major repairs

In each region, the priority is determined differently, but factors such as the age of the building (duration of operation of engineering systems and structural elements of the apartment building) and wear and tear (assessment of the technical condition of elements and systems) are enshrined in the Housing Code of the Russian Federation and are the main ones in the issue of the priority of major repairs .

When drawing up a regional program for capital repairs of apartment buildings, the following are also taken into account:

• region
• construction date
• temporary wear and tear
• date of last repair
• number of floors of the building
• total area
• climate conditions
• justified need for repair work

The regional overhaul program includes a list of all apartment buildings (even if the apartments in the building belong to the same owner). The program does not include houses in disrepair (more than 70% deterioration), subject to demolition or reconstruction.

Excluded from the list:

• houses with fewer than five apartments;
• municipal housing;
• new buildings no more than five years old;
• emergency, deprivatized and dilapidated (more than 70%) housing;
• buildings without entrances.

Lists of houses falling under the program are posted on the website www.reformagkh.ru in the “Major Repairs” section

The passport of the house and the work that will be carried out indicated in it

Planned works and deadlines for them

A representative of the management company or HOA (depending on the type of fund formation - an independent special account or a regional operator) must convey information that the house needs major repairs. The final list is formed by representatives of the regional fund and administration.

Time intervals for capital work on different parts of the building are fixed by GOST. If the houses are in equal conditions, then they will be placed in the queue in order of decreasing area, then in alphabetical order, and only after that by numbering. In case of an unforeseen situation, you can arrange repairs ahead of schedule, but this is much easier to do if you accumulate funds in a special individual account. By decision of the residents' meeting, you will simply pay for the necessary work. In the case of a regional operator, you will have to spend a lot of effort and energy, since your funds entering the common boiler are sent for repairs according to a pre-established program.

How to speed up the process of starting a major overhaul

If your home is not included in the regional program, you will have to carry out the listing procedure through a management company or yourself. Hold a meeting, notify the management company of the decision, after which the information will be sent to the local administration. Specify the amount of savings and the date of the last repair. If there is enough money in your account, the house will be put on the waiting list and an estimate will be drawn up.

Owners may decide to undertake major renovations prematurely if there are sufficient funds in the account or other sources of financing. In accordance with Article 189 of the Housing Code of the Russian Federation, owners can decide to carry out major repairs in their home ahead of schedule, in particular for certain types of work.

If you use a regional operator’s account, then you need to contact the management company with a reasonable proposal to postpone the deadline for major repairs for a particular house to an earlier date. To do this, you must provide certificates about the technical condition of the house. If the funds in the regional operator’s account are sufficient for unscheduled repairs of your home, the regional program will be adjusted. In case of a lack of funds, the option of a loan or credit with the assistance and support of the management company is considered.

If the management company is not ready to deal with the issue of premature major repairs, then it is worth doing it yourself.

1. We send a request to the management company about the work carried out in the house. Ignoring or refusing is a violation of licensing requirements, so in this case, contact the prosecutor's office.
2. Compare what you wrote with what you did.
3. Document discrepancies using photos or video.
4. Notify the city Housing Inspectorate, as well as local authorities (City Administration).

If no discrepancies between the documentation and actual repairs are found, then we proceed according to the already proposed scheme: we contact the local government with documentation confirming the wear and tear of the house and its poor condition.

If you transfer contributions to a special account, then the owners independently determine the timing of major repairs, but they should not be later than officially established. If there are not enough funds, then you can also turn to the bank for help, but here the owners already act independently. If residents deposit an amount below the minimum established into their account or the HOA does not have time to carry out repairs on time, then the house automatically switches to a “common boiler” system.

Where can I complain about the management company?

If the rights of owners are violated, they must first send a complaint to the Management Company. This may be a collective statement from residents or an appeal from one person. As a rule, collective complaints are resolved faster. In this regard, it is recommended to file claims together.

An application to the management company must be sent to the director, outlining the essence of the problems and describing all of your requirements . If the Management Company does not take any action and citizens do not receive a response to the complaint, it is necessary to file a complaint about the inaction of the Management Company to higher organizations.

An application to the HOA must be submitted in the same form as to the Management Company. The HOA must put a stamp on the second copy indicating that the application has been accepted for processing. Otherwise, residents will not be able to take further action.

Housing inspection

The functions of the Housing Inspectorate include monitoring the activities of Management Companies. A complaint must be submitted to the State Housing Inspectorate after all deadlines for filing a claim with the Criminal Code have expired, but no response has been received. It also addresses questions about the authority to select a Management Company. The application form can be downloaded from the official website of your housing estate .

City administration

The appeal can be sent to both the regional and district Administration. It is recommended that the owners draw up the appeal collectively. This gives more guarantee for a positive solution to the problem.

Rospotrebnadzor

If the Housing Inspectorate has not solved the problem of tenants with the Criminal Code, they can proceed further. The next step is filing a complaint with Rospotrebnadzor. When writing an appeal, you must indicate that claims were sent to the Management Company and the Housing Inspectorate. Answers must be described in detail. All documents to prove violations must be attached to the application.

Prosecutor's office

An application to the prosecutor's office against the Management Company is necessary when serious violations are committed by the management company, but higher organizations do not take any action.

The final step is filing a claim with the court. Most often, people go to court in cases where the claims are of a material nature and it is necessary to file for compensation for damage caused.

The application is submitted at the place of legal registration of the management company. Most often, the courts side with residents whose interests were violated. But for a positive decision, it is necessary to provide all the evidence that the rights of the owners were violated.