Overhaul what is included in it. What is included in the major renovation of an apartment building? List of main types of work

Carrying out major repairs is an issue that concerns each management company and any of the residents. In this article we will look at both the general principles of organizing a major overhaul and some non-obvious subtleties that will help the management company build the process more efficiently and at lower costs.

How major repairs are organized and carried out

Structural elements, engineering systems and equipment apartment buildings gradually wear out and therefore require periodic intervention to restore normal condition. These procedures make up the overhaul that is planned in each apartment building. The procedure for carrying it out is latest changes Let's look at it in this article.

General principles of MKD overhaul

Apartment buildings are subject to a list of sanitary and technical requirements. If current repairs do not allow the building to be brought into compliance with regulatory documents, then major renovation. During it, the main elements and structures of the MKD are restored or replaced.

The procedure for carrying out major repairs requires mandatory coordination of activities at a general house meeting. Until recently, residents approved everything related to:

• list of work performed;
• cost estimates;
• deadlines;
• sources of financing;
• persons accepting work from apartment owners.

In the fall of 2017, the rules for carrying out major repairs were significantly revised. In accordance with them, for example, the OSS is no longer involved in approving capital repair estimates. This applies even to those cases when the capital repair fund is formed in a special account.

The need for major repairs of residential properties is regulated by law. It must be carried out for buildings with the following wear and tear:

• wooden - from 65 percent;
• stone - from 30 to 70 percent.

How is a major overhaul carried out?

It must be remembered that in the concept of major repairs there is a distinction between its complete and selective implementation. It is selectively carried out only for part of the MKD elements that need urgent updating. According to regulatory documents, a complete overhaul must be carried out 30 years after the house began to be used; selective repairs must be carried out after 20 years. For structural elements buildings, the specific service life is determined by the material of manufacture. For example, foundations, walls and ceilings can last from 30 to 80 years, and interior decoration– from 3 to 30 years.

During the construction process, each house receives a technical passport, which shows, among other things, the condition of its elements. The need for major repairs of apartment buildings is determined, among other things, based on information from this document. Whether the house needs to be repaired is decided by a special commission consisting of specialists from different departments. They preliminarily inspect the buildings and make a decision on the need for certain events.

Residents can also influence whether major repairs need to be carried out in an apartment building. Owners have the right to refuse certain works, if they think that the house can do without them. However, with regard to elevators, critical communications and important elements work will have to be carried out on the building without the consent of the apartment owners.

Raising funds to finance major repairs

Major renovation of apartment buildings residential buildings is carried out at the expense of funds collected from residents in the form of mandatory monthly contributions. Apartment owners choose one of the options for forming a capital repair fund:

• at a regional operator (in a common boiler);
• on a special account relating only to a specific house.

The main advantage of using a special account is the freedom to dispose of the funds collected on it. In this case, the residents themselves determine when major repairs will be carried out in the apartment building. They do not depend on decisions regarding the order of work taken at the regional level. The disadvantage of your own account is the need to spend time and effort on opening and maintaining it. Working with a special account is described in detail in an expert article in our magazine.

If apartment owners do not choose independent method collection of funds for major repairs, then the funds regularly paid by them are sent to the regional operator by default. RO accumulates cash and is responsible for major repairs of common property in the apartment building, but is not involved in carrying out the work himself. The re-operator attracts the necessary contractors and ensures that they comply with deadlines and quality requirements.

Many believe that the funds sent by RO are lost to the management company and the HOA. However, in reality this is not the case. Management organizations themselves may well become contractors, that is, those who carry out major repairs. In this case, they can earn money by performing work, even if the funds for it are collected in the account of the regional operator. How exactly to do this is described in the article by the chief editor of the magazine “Management of an Apartment Building”. From the material you will learn:

• what needs to be done to participate in the pre-selection;
• how electronic auctions are conducted;
• What criteria are used to select the winner?

If funds are collected in a special account for a particular house, then its owner is considered to be the management organization, HOA or cooperative. In this case, the management company is more free to dispose of its own funds, since the issues of allocating them for repair work are decided by the residents themselves at the OSS. However, this does not mean that the management company always has enough money for everything.

It often happens that the State Housing Inspectorate issues an order regarding the need to repair, for example, a roof, but the accumulated funds are not enough for this. Naturally, the inspectors are not concerned with questions about how the management company will finance the repair work. The result that is important to the State Housing Inspectorate is the fulfilled order. In its absence, the responsible organization will face fines and other sanctions.

If there is not enough money, you can borrow it. This issue is addressed in which the following points are discussed:

• What are the general rules for financing capital repairs?
• how is financing carried out if work is carried out ahead of schedule;
• how to obtain a bank loan for major repairs;
• how loans are issued to owners.

The issue of lending for major repairs is arising more and more often, because not only regulatory authorities, but also the residents themselves often want to see results immediately. Some management companies and homeowners' associations are switching to the practice of using exclusively borrowed funds. They first carry out the necessary repair work, and only then begin to collect funds for them. How exactly to organize this process, in which regular contributions from residents will be used to repay the loan for repairs already made, is described in the case of the HOA “Kalininets” from the Rostov region.

Many believe that collecting funds for major repairs from residents and accumulating them in the account is an endless process, carried out from the commissioning of apartment buildings (adjusted for new buildings) to the demolition of the building. It actually works a little differently. In some cases, the collection of money may even be suspended, but this is only true for houses in which funds are accumulated in a special account.

For special accounts, regional authorities determine the minimum size of the Kyrgyz Republic fund, and if it is reached, the collection can be temporarily suspended. The opinion of the owners, who have the right to increase the amount of contributions in order to carry out some additional work in the house, is also important here. The topic of stopping fees for major repairs is discussed in more detail in a special article. Among other things, you can find answers to the following questions:

• 5 cases when funds are not collected;
• how much you need to accumulate to suspend the collection of contributions;
• for how long the collection of contributions is suspended;
• Is it possible to stop collecting funds?

As an exception, mention should be made of houses to which the state is obliged to provide financial assistance in carrying out major repairs. Since the end of 2017 special order is provided for apartment buildings that needed major repairs even before the first apartment was privatized. There are few such houses in the country, but they exist, and their owners can count on state aid. How exactly this process is organized, and what amount of assistance can be received, is described in an article in the magazine “MKD Management” for August 2018.

Before entry into force Federal Law RF dated December 25, 2012 No. 271-FZ “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation” (hereinafter Law No. 271-FZ) the housing and communal services fund helped carry out major repairs of apartment buildings . Now the fund will only sponsor the relocation of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ Owners of living space in apartment buildings will pay for major repairs. Payments for major repairs are mandatory. The monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.

Let's look at the pros and cons of Federal Law No. 271-FZ and how this will affect the wallets of ordinary citizens. New law, in fact, did not introduce a new norm into civil law, since the Civil Code of the Russian Federation (Article 210) and the Housing Code of the Russian Federation (clause 1 of Article 158) clearly states:

Responsibility for the maintenance of owned housing lies with its owners. In other words, a person who has purchased, privatized or otherwise acquired ownership of an apartment in an apartment building receives not only the rights, but also the responsibilities for maintaining the housing in proper condition (repairing the roof, facade, foundation, etc.).

Law No. 271-FZ, recognizing the payment for major repairs as mandatory for all owners, is aimed at creating a clear mechanism that will allow major repairs of the entire housing stock to be carried out as planned.

In case of inappropriate use of funds collected for major repairs of apartment buildings, Federal Law No. 271-FZ provides for the following solutions:

1st option: by the end of 2013, the regions of the Russian Federation must create a capital repair fund and establish a state enterprise - a regional operator. The regional operator will carry out major repairs using funds that will go to the fund according to a plan that will include every apartment building in a constituent entity of the Russian Federation. The authorities will compile such lists local government. The registers will be publicly available, and every citizen will be able to monitor the progress of the repair queue. Each region will have its own fee for residents, but the federal and regional budgets will co-finance capital repairs.

This fundraising option actually contradicts the Civil Code of the Russian Federation and the Constitution of the Russian Federation. As noted above, the owner bears the burden of maintaining his own property, but not that of others. By general rule officials allow the funds collected from one house to be used for major repairs of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance first, and whose house will be repaired in 10 years;

2nd option: The HOA has the right to open its own special account to which the owners will transfer contributions for capital repairs in order to form a capital repair fund. In this case, funds from such an account can only be used for major repairs and for nothing else.

If the Management Company arbitrarily increases the amount of the contribution for major repairs, the owners can go to court to protect their interests.

Video: Discussion of the law on payments for major repairs in 2016. Is it possible to “not pay fees for major repairs” from July 2015

Should I pay for major home renovations in 2016?

After Law No. 271-FZ comes into force, owners of living space in apartment buildings will pay for major repairs. Payments for major repairs are mandatory.

The monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local governments are required to create a capital repair fund and appoint a regional operator who will repair the housing stock and promptly publish information about the condition of the houses being repaired on the Internet.
At first glance, everything is very clear, moreover, in some regions, even before the adoption of this law, owners paid for major repairs of residential buildings, but around this document there are a lot of speculations and rumors about how this money will be collected and spent.
For example, it was unclear what fate awaited the money contributed by residents: whether they would be put into a separate bank account and only a specific house would be repaired, or whether the authorities would create a “common pot”, funds from which would be spent as needed.

Is there a way not to pay fees for major repairs of apartment buildings?

The law provides three possibilities not to pay.

1. You don't have to pay if the house is considered unsafe.
2. Because According to the new law on major repairs, the decision is made by the residents themselves, then according to general decision The payment collection process can be stopped after collecting the required amount.
3. Use rental proceeds as contributions non-residential premises in the house (if it is common property) and renting out the facades of the house for advertising.

As you can see, all of the above methods are just small exceptions to the rules. True, the issue of exempting residents of new buildings from fees is currently being discussed at the Russian government level.

What happens to those who don't pay?

The overhaul contribution will appear in overall score behind public utilities. However, Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional capital repair fund says that they will deal with debtors according to the scheme worked out by other utility organizations - first send them notifications, and then sue them. And the amount collected through the court will contain interest and court costs. Therefore, it is better not to delay payments and pay all fees on time.

Is it possible to apply for a subsidy for the contribution towards major repairs?

Yes, such a possibility is provided. The contribution is considered a payment for housing and communal services. Therefore, if with its appearance your payment for these services exceeds the standard as much as possible permissible share expenses of citizens on housing and communal services, you will have the right to apply for a subsidy.

What happens if residents paid fees for repairs, and then their house is declared unsafe?

This is one of the most difficult issues today. According to the law, from the day the house is recognized as unsafe, residents will be exempt from contributions for major repairs. However, the funds collected into the general pot of the overhaul program cannot be used to resettle the house. Meanwhile, the program for relocating dilapidated houses with funds from the federal budget is currently designed only until 2015.

IN Lately A fraud scheme has emerged in which you can lose your home, even if you have in your hands (at home) a certificate of ownership of the apartment. Attackers simply conclude a purchase and sale agreement on your behalf, and receive the certificate as a duplicate.

(as amended on June 29, 2015)
» On amendments to the Housing Code Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation"

Federal Law of December 25, 2012 N 271-FZ
(as amended on June 29, 2015)

“On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation”

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT MAKING CHANGES

IN THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE

LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNITION

CERTAIN LEGISLATIVE PROVISIONS ARE VOID

ACTS OF THE RUSSIAN FEDERATION

State Duma

Federation Council

List of changing documents

(as amended by Federal Law dated June 29, 2015 N 176-FZ)

Introduce into the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 14; 2006, No. 1, Art. 10; N 52, Art. 5498; 2007, No. 1, Art. 13, 14, 21; N 43, Art. 5084; 2008, N 17, Art. 1756; N 20, Art. 2251; N 30, Art. 3616; 2009, N 23, Art. 2776; N 39, Art. 4542; N 48, Art. 5711; N 51, Art. 6153; 2010, N 19, Art. 2278; N 31, Art. 4206; N 49, Art. 6424; 2011, N 23, Art. 3263; N 30, Art. 4590; N 49, Art. 7027, 7061; N 50, Art. 7337, 7343, 7359; 2012, N 10, Art. 1163; N 14, Art. 1552; N 24, Art. 3072; N 26, Art. 3446; N 27, Article 3587; N 31, Article 4322) the following changes:

1) Article 2 shall be supplemented with clause 6.1 as follows:

“6.1) organize the provision of timely major repairs of common property in apartment buildings at the expense of contributions from the owners of premises in such buildings for major repairs of common property in apartment buildings, budget funds and other sources of financing not prohibited by law;”;

2) in part 1 of article 4:

a) paragraph 11 should be supplemented with the words “including payment of a contribution for major repairs of common property in an apartment building (hereinafter also referred to as the contribution for major repairs)”;

b) add clause 11.1 with the following content:

“11.1) the formation and use of a capital repair fund for common property in an apartment building (hereinafter referred to as the capital repair fund);”;

3) in article 12:

a) add clause 10.1 with the following content:

“10.1) determining the procedure for establishing the need for major repairs of common property in an apartment building;”;

b) add clause 16.4 with the following content:

“16.4) monitoring the use of housing stock and ensuring its safety;”;

c) add clause 16.5 with the following content:

d) add clause 16.6 with the following content:

“16.6) monitoring the choice and implementation by owners of premises in an apartment building of a method for forming a capital repair fund;”;

4) Article 13 shall be supplemented with clause 8.2 as follows:

"8.2) establishment minimum size contribution for major repairs;";

5) Article 19 is supplemented with part 6 as follows:

"6. Monitoring the use of the housing stock and ensuring its safety is carried out by the federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation.”;

6) in article 20:

a) part 1 after the words “use and maintenance of common property of owners of premises in apartment buildings,” add the words “formation of capital repair funds,” after the words “provision of utility services to owners and users of premises in apartment buildings and residential buildings“add the words “specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings (hereinafter referred to as the regional operator)”;

b) part 3, after the words “inspections of legal entities”, be supplemented with the words “(except for regional operators)”, supplemented with the following sentence: “Relations related to the implementation of state housing supervision in relation to the activities of regional operators, the organization and conduct of their inspections, apply provisions of the said Federal Law, taking into account the features provided for in Part 4.3 of this article.”;

c) add part 4.3 with the following content:

"4.3. Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan for conducting scheduled inspections. There is no time limit for inspections. Unscheduled inspections of regional operators are carried out without coordination with the prosecutor’s office and without prior notification of regional operators about the conduct of such inspections.”;

7) add Article 36.1 with the following content:

“Article 36.1. General funds held in a special account

1. The owners of premises in an apartment building have the rights to funds located in a special account intended for transferring funds for major repairs of common property in an apartment building and opened with a credit organization (hereinafter referred to as the special account), and formed from contributions to capital repairs, interest paid in connection with improper fulfillment of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.

2. The share of the owner of a premises in an apartment building in the right to funds located in a special account is proportional to the total amount of contributions for major repairs paid by the owner of such premises and the previous owner of such premises.

3. The right of the owner of a premises in an apartment building to a share of the funds in a special account follows the fate of the ownership of such premises.

4. When transferring ownership of premises in an apartment building, the share of the new owner of such premises in the right to funds located in a special account is equal to the share in the right to these funds of the previous owner of such premises.

5. The owner of premises in an apartment building does not have the right to demand the allocation of his share of funds in a special account.

6. When acquiring ownership of a premises in an apartment building, the acquirer of such premises receives a share in the right to the funds in a special account.

7. The terms of the agreement, according to which the transfer of ownership of premises in an apartment building is not accompanied by the transfer of a share in the right to funds held in a special account, are void.”;

In part 2 of article 44:

a) paragraph 1 should be supplemented with the words “on the use of the capital repair fund”;

b) add clause 1.1 with the following content:

“1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of its excess over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repair fund in terms of its excess over the established minimum size of the capital repair fund ( in the event that the law of a constituent entity of the Russian Federation establishes a minimum size of the capital repair fund), choosing a person authorized to open a special account and carry out transactions with funds located in the special account;”;

c) add clause 1.2 with the following content:

“1.2) making decisions on the receipt by a homeowners’ association or housing construction cooperative, housing cooperative or other specialized consumer cooperative, management organization and, in the case of direct management of an apartment building, by the owners of premises in this building by a person authorized by the decision general meeting such owners, a credit or loan for major repairs of common property in an apartment building, on determining the essential terms of the credit agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the specified guarantee, surety, as well as on repayment at the expense of the capital repair fund of a loan or loan used to pay for the costs of major repairs of common property in an apartment building, and on the payment of interest for the use of this credit or loan, payment at the expense of the capital repair fund of the costs of obtaining the specified guarantee, surety;";

9) clause 5 of part 2 of article 153 add the words “taking into account the rule established by part 3 of Article 169 of this Code”;

10) Part 2 of Article 154 should be stated as follows:

"2. Payment for residential premises and utilities for the owner of premises in an apartment building includes:

1) fees for the maintenance and repair of residential premises, including fees for services and work related to the management of an apartment building, maintenance, and routine repairs of common property in an apartment building;

2) contribution for major repairs;

3) payment for utilities.”;

11) in article 155:

a) in part 5, the words “current and capital” are replaced with the words “and current”, supplemented with the words “including paying contributions for capital repairs in accordance with Article 171 of this Code”;

b) part 6 should be supplemented with the words “including paying contributions for major repairs in accordance with Article 171 of this Code”;

c) in part 7, the words “cases provided for in part 7.1 of this article” should be replaced with the words “cases provided for in part 7.1 of this article and article 171 of this Code”;

d) part 14 after the word “(debtors)” should be supplemented with the words “(except for contributions for capital repairs)”;

e) add part 14.1 as follows:

"14.1. Owners of premises in an apartment building who have lately and (or) not fully paid contributions for capital repairs are required to pay interest to the capital repair fund in the amount established in the manner prescribed by Part 14 of this article. Payment of the specified interest is carried out in the manner established for the payment of contributions for major repairs.”;

12) article 156:

a) add part 8.1 with the following content:

"8.1. The minimum amount of the contribution for major repairs is established by a regulatory legal act of a constituent entity of the Russian Federation in accordance with methodological recommendations approved by the federal executive body authorized by the Government of the Russian Federation, in the manner established by the law of the constituent entity of the Russian Federation, based on the occupied position total area premises in an apartment building owned by the owner of such premises, and can be differentiated depending on the municipality in which the apartment building is located, taking into account its type and number of floors, the cost of major repairs individual elements building structures and engineering systems apartment building, their regulatory deadlines efficient operation before the next major overhaul (standard time between repairs), as well as taking into account the list of works on major overhaul of common property in an apartment building established by this Code and the regulatory legal act of the constituent entity of the Russian Federation.”;

b) add part 8.2 with the following content:

"8.2. Owners of premises in an apartment building may decide to establish a contribution for major repairs in an amount exceeding the minimum amount of such contribution established by a regulatory legal act of a constituent entity of the Russian Federation.”;

13) in article 158:

a) Part 1 should be supplemented with the words “and contributions for capital repairs”;

b) part 2 should be stated as follows:

"2. Expenses for major repairs of common property in an apartment building are financed from the capital repair fund and other sources not prohibited by law.”;

c) part 3 should be supplemented with the words “including the obligation not fulfilled by the previous owner to pay contributions for major repairs”;

14) in article 159:

a) in part 6, the second sentence should be stated as follows: “The amount of the regional standard for the cost of housing and communal services is established for the persons specified in paragraphs 1 - 3 of part 2 of this article, based on the amount of payment for the use of residential premises (rental fee) for tenants under social tenancy agreements living in residential premises located in apartment buildings, level of improvement, constructive and technical specifications which correspond to the average conditions in the municipality, the amount of payment used to calculate the fee for the maintenance and repair of residential premises for the specified tenants, prices, tariffs and standards for the consumption of utility services used to calculate the payment for utility services for the specified tenants.”, supplement with the following sentence. contents: “The size of the regional standard for the cost of housing and communal services is established for owners of residential premises based on the amount of payment used to calculate the fee for the maintenance and repair of residential premises for the specified tenants, the minimum amount of contribution for major repairs (when paying in accordance with this Code of contributions for major repairs), prices, tariffs for resources necessary for the provision of utilities, and standards for the consumption of utilities used to calculate utility fees for specified tenants.”;

b) part 11, after the words “cost of housing and communal services”, add the words “including the cost of housing and communal services for owners of residential premises who, in accordance with this Code, pay contributions for major repairs,”;

15) add Section IX with the following content:

“Title IX. ORGANIZATION OF CAPITAL REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS

Chapter 15. GENERAL PROVISIONS ABOUT CAPITAL REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER

ITS FINANCING

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, formed on the basis of the minimum amount of contribution for major repairs established by the regulatory legal act of the 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, including the conversion of a non-ventilated roof to a ventilated roof, installation of exits to the roof;

4) repair basements related to common property in an apartment building;

5) insulation and repair of the facade;

6) installation of collective (common house) meters for metering the consumption of resources necessary for the provision of public services, and control and regulation units for the consumption of these resources (thermal energy, hot and cold water, electrical energy, gas);

7) 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, may be supplemented with 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. List of services and (or) work on major repairs of common property in an apartment building that can be financed from funds 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.

Article 167. Ensuring timely capital repairs of common property in apartment buildings

Organs state power constituent entities of the Russian Federation adopt regulatory legal acts that are aimed at ensuring the timely implementation of major repairs of common property in apartment buildings located on the territory of the constituent entity of the Russian Federation, and by which:

1) the minimum amount of contribution for major repairs of common property in an apartment building is established;

2) the procedure for monitoring the technical condition of apartment buildings is established;

3) a regional operator is created, the issue of forming its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activities of the regional operator is established;

4) the procedure and conditions for providing state support for major repairs of common property in apartment buildings are approved, including for the provision of guarantees, guarantees for loans or borrowings, if the appropriate funds for the implementation of this support are provided for by the law of the subject of the Russian Federation on the budget of the subject Russian Federation;

5) establishes the procedure for the preparation and approval of regional programs for the capital repair of common property in apartment buildings, as well as the requirements for these programs;

6) establishes the procedure for the provision by the person in whose name a special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of information to be provided in accordance with Part 7 of Article 177 and Article 183 of this Code, a list of other information to be provided by these persons, and the procedure for providing such information;

7) establishes the procedure for the payment by the owner of a special account and (or) the regional operator of funds from the capital repair fund to the owners of premises in an apartment building, as well as the procedure for using funds from the capital repair fund for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;

A procedure is established for monitoring the targeted expenditure of funds generated from contributions for major repairs and ensuring the safety of these funds.

Article 168. Regional program for capital repairs of common property in apartment buildings

1. The highest executive bodies of state power of the constituent entities of the Russian Federation approve regional programs for the overhaul of common property in apartment buildings for the purpose of planning and organizing the overhaul of common property in apartment buildings, planning for the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of funds from the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for capital repairs).

2. The regional program for major repairs of common property in apartment buildings (hereinafter referred to as the regional capital repair program) is formed for the period necessary to carry out major repairs of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:

1) a list of all apartment buildings located on the territory of a constituent entity of the Russian Federation, with the exception of apartment buildings recognized in accordance with the procedure established by the Government of the Russian Federation as unsafe and subject to demolition;

2) a list of services and (or) works for major repairs of common property in apartment buildings;

3) the planned year for major repairs of common property in apartment buildings;

4) other information to be included in the regional capital repair program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

3. The order of major repairs of common property in apartment buildings is determined in the regional capital repair program based on the criteria that are established by the law of the constituent entity of the Russian Federation and can be differentiated by municipalities. As a matter of priority regional program major repairs should include major repairs:

1) common property in apartment buildings that required major repairs on the date of privatization of the first residential premises, provided that such major repairs were not carried out on the date of approval or updating of the regional capital repair program;

2) apartment buildings, major repairs of which are required in order to establish the need for major repairs of common property in an apartment building, approved by the Government of the Russian Federation.

4. Amendments to the regional capital repair program providing for the transfer deadline major repairs of common property in an apartment building for a later period, reduction of the list of planned types of services and (or) work on major repairs of common property in an apartment building is not allowed, except in cases where the owners of the premises in this apartment building make an appropriate decision.

5. The regional capital repair program must be updated at least once a year.

6. The procedure for preparing and approving regional capital repair programs and requirements for such programs are established by the law of the constituent entity of the Russian Federation in accordance with this Code.

7. In order to implement the regional capital repair program, specify the timing of capital repairs of common property in apartment buildings, clarify the planned types of services and (or) work on capital repairs of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs State authorities of a constituent entity of the Russian Federation and local self-government bodies are required to approve short-term (for a period of up to three years) plans for the implementation of a regional capital repair program in the manner established by the regulatory legal act of a constituent entity of the Russian Federation.

Article 169. Contributions for major repairs of common property in an apartment building

1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 4 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.

2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized in accordance with the procedure established by the Government of the Russian Federation as unsafe and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on seizure for state or municipal needs land plot, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a subject of the Russian Federation or a municipal entity. Owners of premises in an apartment building are exempt from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.

3. The obligation to pay contributions for capital repairs arises for the owners of premises in an apartment building after four calendar months, unless an earlier period is established by law of the constituent entity of the Russian Federation, starting from the month following the month in which the approved regional capital program was officially published renovation, which includes this apartment building.

4. Income from the transfer for use of common property in an apartment building, funds from the homeowners’ association, including income from economic activity homeowners' association, may be directed by decision of the owners of premises in an apartment building, the decision of members of the homeowners' association, adopted in accordance with this Code, the charter of the homeowners' association, for the formation of a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major repairs.

Article 170. Capital repair fund and methods of forming this fund

1. Contributions for capital repairs paid by the owners of premises in an apartment building, interest paid by the owners of such premises in connection with their improper fulfillment of the obligation to pay contributions for capital repairs, interest accrued for the use of funds located in a special account, form the capital fund repair.

2. The size of the capital repair fund is calculated as the sum of the proceeds to the fund specified in Part 1 of this article minus the amounts transferred from the capital repair fund to pay for the cost of services provided and (or) work performed on major repairs of common property in an apartment building and advances for the specified services and (or) work.

3. Owners of premises in an apartment building have the right to choose one of the following methods for forming a capital repair fund:

1) transfer of contributions for capital repairs to a special account in order to form a capital repair fund in the form of funds located in a special account (hereinafter referred to as the formation of a capital repair fund in a special account);

2) transfer of contributions for capital repairs to the account of the regional operator in order to form a capital repair fund in the form of the obligatory rights of the owners of premises in an apartment building in relation to the regional operator (hereinafter referred to as the formation of a capital repair fund on the account of the regional operator).

4. If the owners of premises in an apartment building have chosen to form it on a special account as a method of forming a capital repair fund, the decision of the general meeting of owners of premises in the apartment building must determine:

1) the amount of the monthly contribution for major repairs, which should not be less than the minimum amount of the contribution for major repairs established by the regulatory legal act of the constituent entity of the Russian Federation;

2) - 3) are no longer valid. — Federal Law of June 29, 2015 N 176-FZ;

4) owner of a special account;

5) a credit institution in which a special account will be opened. If a regional operator is identified as the owner of a special account, the credit institution chosen by the owners of premises in an apartment building must carry out activities to open and maintain special accounts on the territory of the corresponding constituent entity of the Russian Federation. If the owners of premises in an apartment building have not chosen a credit institution in which a special account will be opened, or this credit institution does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit institution in which a special account has been opened and is considered transferred to the discretion of the regional operator.

5. The decision to determine the method of forming a capital repair fund must be made and implemented by the owners of premises in an apartment building within the period established by the state authority of the constituent entity of the Russian Federation, but no more than within two months after the official publication of the document approved in the law of the constituent entity of the Russian Federation in accordance with the regional capital repair program, which includes an apartment building, in relation to which the issue of choosing a method for forming its capital repair fund is being decided. In order to implement the decision to form a capital repair fund in a special account opened in the name of the regional operator, the owners of premises in an apartment building must send to the regional operator a copy of the minutes of the general meeting of such owners who formalized this decision.

6. No later than one month before the end of the period established by part 5 of this article, the local government body convenes a general meeting of owners of premises in an apartment building to decide on the choice of method for forming a capital repair fund, if such a decision has not been made earlier.

7. If the owners of premises in an apartment building, within the period established by part 5 of this article, did not choose the method of forming a capital repair fund or the method they chose was not implemented within the period established by part 5 of this article, and in the cases provided for by part 7 of the article 189 of this Code, the local government body makes a decision on the formation of a capital repair fund in relation to such a house on the account of the regional operator.

8. The law of a constituent entity of the Russian Federation may establish a minimum size of capital repair funds in relation to apartment buildings, the owners of premises in which create these funds in special accounts. Owners of premises in an apartment building have the right to establish the size of the capital repair fund for their building in an amount greater than the established minimum size of the capital repair fund. Upon reaching the minimum size of the capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay contributions for capital repairs, with the exception of owners who are in arrears in paying these contributions.

Article 171. Peculiarities of paying contributions for major repairs

1. In the case of the formation of a capital repair fund on the account of a regional operator, the owners of premises in an apartment building pay contributions for major repairs on the basis of payment documents submitted by the regional operator, within the time limits established for payment of payments for residential premises and utilities, unless otherwise provided by law subject of the Russian Federation.

2. In the case of the formation of a capital repair fund in a special account opened in the name of the person specified in Part 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for payment of payments for residential premises and utilities.

Article 172. Control over the formation of the capital repair fund

1. The owner of a special account, within five working days from the moment of opening a special account, is obliged to submit to the state housing supervision body a notification about the method chosen by the owners of premises in the corresponding apartment building for forming a capital repair fund, attaching a copy of the minutes of the general meeting of owners of premises in this apartment building on the adoption decisions provided for in parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise established by the law of the constituent entity of the Russian Federation.

2. The regional operator is obliged to submit to the state housing supervision body in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information provided for by the law of the constituent entity of the Russian Federation about apartment buildings, the owners of the premises in which create capital repair funds on the account, accounts of the regional operator, and also on the receipt of contributions for major repairs from the owners of premises in such apartment buildings.

3. The owner of a special account is obliged to submit to the state housing supervision body, in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information about the receipt of contributions for major repairs from the owners of premises in an apartment building, about the amount of the balance of funds in the special account.

4. The state housing supervision body maintains a register of notifications specified in part 1 of this article, a register of special accounts, informs the local government body and the regional operator about apartment buildings in which the owners of the premises have not chosen the method of forming capital repair funds and (or) have not implemented it .

5. The state housing supervision body provides the information specified in parts 1 - 4 of this article to the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of objects capital construction) and housing and communal services, in the manner established by this federal body.

Article 173. Change in the method of forming the capital repair fund

1. The method of forming a capital repair fund can be changed at any time based on a decision of the general meeting of owners of premises in an apartment building.

2. In the event that a loan or loan has been provided for major repairs of common property in an apartment building and has not been returned, or there is a debt to pay for services rendered and (or) work performed on major repairs of common property in an apartment building to be repaid from the capital repair fund , changing the method of forming a capital repair fund in relation to this apartment building is permitted subject to the full repayment of such debt.

3. If the formation of a capital repair fund is carried out on the account of a regional operator, in order to change the method of forming a capital repair fund, the owners of premises in an apartment building must make a decision in accordance with Part 4 of Article 170 of this Code.

4. The decision of the general meeting of owners of premises in an apartment building to change the method of forming a capital repair fund within five working days after such a decision is made is sent to the owner of a special account to which contributions for major repairs of common property in such an apartment building are transferred, or to the regional operator, to the account to which these contributions are transferred.

5. The decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account comes into force two years after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator in accordance with Part 4 of this article, if a shorter period not established by the law of the subject of the Russian Federation, but not earlier than the occurrence of the condition specified in part 2 of this article. Within five days after the said decision comes into force, the regional operator transfers the funds from the capital repair fund to a special account.

6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator comes into force one month after the decision of the general meeting of owners of premises in an apartment building is sent to the owner of the special account in accordance with Part 4 of this article, but not before the occurrence of the condition specified in part 2 of this article. Within five days after the said decision comes into force, the owner of the special account transfers the funds from the capital repair fund to the account of the regional operator.

Article 174. Use of funds from the capital repair fund

1. Funds from the capital repair fund can be used to pay for services and (or) work on major repairs of common property in an apartment building, development project documentation(if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction control services, repayment of loans received and used to pay for the specified services, works, as well as for paying interest on the use of such loans, loans, payment of expenses for obtaining guarantees and guarantees for such loans. At the same time, at the expense of the capital repair fund, within the amount formed on the basis of the minimum amount of contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for in Part 1 of Article 166 of this Code and the work provided for by the law of the constituent entity can be financed Russian Federation, repayment of loans received and used to pay for these works, and payment of interest for the use of these loans.

2. If an apartment building is recognized as unsafe and subject to demolition or reconstruction, the funds from the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code by decision of the owners of the premises in this apartment building, and in case of seizure for the state or municipal needs of the land plot on which this apartment building is located, and accordingly the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, the capital repair fund funds are distributed between the owners of premises in this apartment building in proportion to the amount of contributions they paid for capital repairs and contributions for capital repairs paid by previous owners of the relevant premises.

Chapter 16. FORMATION OF A CAPITAL REPAIR FUND

ON A SPECIAL ACCOUNT

Article 175. Special account

1. A special account is opened in a bank in accordance with the Civil Code of the Russian Federation and the specifics established by this Code. Funds deposited into a special account are used for the purposes specified in Article 174 of this Code.

2. The owner of a special account can be:

1) a homeowners association that manages an apartment building and was created by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which totals no more than thirty, if these houses are located on land plots that, in accordance with those contained in the state real estate cadastre documents have a common border and within which there are networks of engineering and technical support, other infrastructure elements that are intended for joint use by the owners of premises in these houses;

2) a housing cooperative or other specialized consumer cooperative managing an apartment building.

3. Owners of premises in an apartment building have the right to decide to choose a regional operator as the owner of a special account.

4. Owners of premises in an apartment building have the right to create a capital repair fund only in one special account. A special account can accumulate funds from the capital repair fund of premises owners in only one apartment building.

5. The special account agreement is of unlimited duration.

6. Money held in a special account cannot be recovered for the obligations of the owner of this account, with the exception of obligations arising from agreements concluded on the basis of decisions of the general meeting of owners of premises in an apartment building, specified in clause 1.2 of part 2 of Article 44 of this Code, as well as contracts for the provision of services and (or) performance of work on major repairs of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in the apartment building to carry out major repairs or on other legal grounds.

Article 176. Features of opening and closing a special account

1. A special account is opened in the name of the person specified in parts 2 and 3 of Article 175 of this Code upon presentation of the decision of the general meeting of owners of premises in an apartment building, drawn up in minutes, adopted in accordance with paragraph 1.1 of part 2 of Article 44 of this Code, and other documents, provided for by banking rules.

2. A special account can be opened in Russian credit institutions whose equity (capital) is at least twenty billion rubles. The Central Bank of the Russian Federation quarterly posts information about credit institutions that meet the requirements established by this part on its official website on the Internet.

3. The special account agreement can be terminated upon application by the owner of the special account if there is a decision documented in the minutes of the general meeting of owners of premises in an apartment building to change the method of forming the capital repair fund, to replace the owner of the special account or credit institution, provided that there is no outstanding debt on what was received in this credit organization for a loan for major repairs of common property in an apartment building.

4. The balance of funds when closing a special account is transferred at the request of the owner of the special account:

1) to the account of the regional operator in case of a change in the method of forming the capital repair fund;

2) to another special account in case of replacement of the owner of the special account or credit institution on the basis of a decision of the general meeting of owners of premises in the corresponding apartment building.

5. The owner of a special account is obliged to submit an application to the bank to terminate the special account agreement and transfer the balance of funds within ten days after receiving the relevant decision of the general meeting of owners of premises in an apartment building. If the owner of the special account does not terminate the special account agreement or does not submit an application to transfer the balance of funds in the special account to the account of a regional operator or another special account in accordance with the decision of the general meeting of owners of premises in an apartment building, within the period established by this part, any owner of premises in an apartment building, and in the case provided for in paragraph 1 of part 4 of this article, also the regional operator has the right to apply to the court for the recovery of funds held in a special account of this apartment building, with their transfer to another special account or to the account of a regional operator.

Article 177. Transactions on a special account

1. The following operations can be performed on a special account:

1) write-off of funds associated with payments for services rendered and (or) work performed on major repairs of common property in an apartment building and payments for other services and (or) work specified in Part 1 of Article 174 of this Code;

2) write-off of funds to repay credits, loans received to pay for services and (or) work specified in Part 1 of Article 174 of this Code, payment of interest for the use of such credits, loans, payment of expenses for obtaining guarantees and sureties for such loans , loans;

3) in the event of a change in the special account, transfer of funds located in this special account to another special account and crediting to this special account of funds written off from another special account, based on the decision of the owners of premises in an apartment building;

4) in case of a change in the method of forming the capital repair fund, transfer of funds to the account of the regional operator and crediting of funds received from the regional operator, based on the decision of the owners of premises in an apartment building;

5) crediting contributions for major repairs, accruing interest for improper fulfillment of the obligation to pay such contributions;

6) accrual of interest for the use of funds and write-off of commissions in accordance with the terms of the special account agreement;

7) transfer of funds located in this special account in the cases provided for in Part 2 of Article 174 of this Code;

Other transactions for writing off and crediting funds related to the formation and use of funds from the capital repair fund in accordance with this Code.

2. Operations on a special account not provided for in Part 1 of this article are not allowed.

3. The bank, in the manner established by this article, banking rules and the special account agreement, is obliged to ensure compliance of transactions carried out on the special account with the requirements of this Code.

4. Transactions for transferring funds from a special account can be carried out by the bank at the direction of the owner of the special account to persons providing services and (or) carrying out work on major repairs of common property in an apartment building, upon provision of the following documents:

1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such meeting on the provision of services and (or) on the performance of work on major repairs of common property in an apartment building;

2) an agreement on the provision of services and (or) on the performance of work on major repairs of common property in an apartment building;

3) act of acceptance of services provided and (or) work performed under the contract specified in paragraph 2 of this part. Such an acceptance certificate is not provided in the event of an advance payment transaction for the provision of services and (or) work in the amount of no more than thirty percent of the cost of such services and (or) work under the contract specified in paragraph 2 of this part.

5. Operations to write off funds from a special account to repay loans, borrowings and to pay interest on loans received for major repairs of common property in an apartment building may be carried out by the bank by order of the owner of the special account on the basis of:

1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such meeting to conclude a credit agreement, loan agreement, respectively, with a bank, lender, indicating the bank, lender, the amount and purpose of the loan;

2) credit agreement, loan agreement.

6. The bank refuses to execute the order of the owner of the special account to carry out the corresponding transaction, in support of which the documents specified in parts 4 and 5 of this article are not presented.

7. The bank in which the special account is opened and the owner of the special account provide, at the request of any owner of the premises in an apartment building, information on the amount of payments credited to the account by the owners of all premises in the apartment building, on the balance of funds in the special account, on all transactions on this special account.

Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS

REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL

OPERATOR FOR FINANCING CAPITAL REPAIRS OF GENERAL

PROPERTY IN MULTIPLE BUILDINGS

Article 178. Legal status regional operator

1. The regional operator is a legal entity created in the organizational and legal form of a fund.

2. A regional operator is created by a subject of the Russian Federation, and it can create several regional operators, each of which operates in part of the territory of such a subject of the Russian Federation.

3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the specifics established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.

4. The regional operator does not have the right to create branches and open representative offices, as well as create commercial and non-profit organizations, participate in authorized capitals business entities, property of other commercial and non-profit organizations.

5. Losses caused to owners of premises in apartment buildings as a result of non-fulfillment or improper execution regional operator of its obligations arising from agreements concluded with such owners in accordance with this Code and the laws of the constituent entity of the Russian Federation adopted in accordance with it, are subject to compensation in the amount of contributions made for major repairs in accordance with civil legislation.

6. A subject of the Russian Federation bears subsidiary liability for failure to fulfill or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.

7. Methodological support for the activities of regional operators (including the development methodological recommendations on the creation of regional operators and ensuring their activities, recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction , architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services.

Article 179. Property of the regional operator

1. The property of the regional operator is formed through:

1) contributions of the founder;

2) payments by owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;

3) other sources not prohibited by law.

2. The property of the regional operator is used to perform its functions in the manner established by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the constituent entity of the Russian Federation and other regulatory legal acts of the constituent entity of the Russian Federation.

3. Funds received by the regional operator from the owners of premises in apartment buildings, forming capital repair funds in the account of the regional operator, can only be used to finance the costs of major repairs of common property in these apartment buildings. The use of these funds for other purposes, including payment of administrative and business expenses of the regional operator, is not permitted.

4. Funds received by the regional operator from the owners of premises in some apartment buildings, forming capital repair funds on the account, accounts of the regional operator, can be used on a repayable basis to finance capital repairs of common property in other apartment buildings, the owners of premises in which also form funds major repairs on the account of the same regional operator. In this case, the law of a constituent entity of the Russian Federation may establish that such use of funds is permitted only if the specified apartment buildings are located on the territory of a certain municipal entity or the territories of several municipal entities.

Article 180. Functions of the regional operator

1. The functions of the regional operator are:

1) accumulation of contributions for capital repairs paid by owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account of the regional operator;

2) opening special accounts in one’s name and performing transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building chose a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their name;

3) performing the functions of a technical customer for major repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

4) financing the costs of capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account, accounts of the regional operator, within the limits of these capital repair funds, using, if necessary, funds received from other sources, including from budget of a constituent entity of the Russian Federation and (or) local budget;

5) interaction with government authorities of a constituent entity of the Russian Federation and local governments in order to ensure timely capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

6) other functions provided for by this Code, the law of the constituent entity of the Russian Federation and the constituent documents of the regional operator.

2. The procedure for the regional operator to perform its functions, including the procedure for its financing of capital repairs of common property in apartment buildings, is established by the law of the constituent entity of the Russian Federation.

Article 181. Formation of capital repair funds on the account of a regional operator

1. Owners of premises in an apartment building who have made a decision on the formation of a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not made a decision on the method of forming a capital repair fund, in the case provided for in Part 7 of Article 170 of this Code, are obliged conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of capital repairs in the manner established by Article 445 of the Civil Code of the Russian Federation. At the same time, the owners of premises in this apartment building, having more than fifty percent of the votes from total number votes of the owners of premises in this apartment building act as one party to the concluded agreement.

2. Under the agreement on the formation of a capital repair fund and on the organization of capital repairs, the owner of the premises in an apartment building, on a monthly basis and in full, undertakes to make contributions for major repairs to the account of the regional operator, and the regional operator undertakes ensure capital repairs of common property in this apartment building within the time frame determined by the regional capital repair program, financing of such capital repairs and, in cases provided for by this Code, transfer funds in the amount of the capital repair fund to a special account or pay cash to the owners of premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.

3. In the cases provided for in Part 7 of Article 170 of this Code, the regional operator, within ten days after the local government body makes a decision on the formation of a capital repair fund in relation to an apartment building on the account of the regional operator, must send to the owners of the premises in this apartment building and (or) persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of major repairs of common property in this apartment building.

4. If, before the deadline for major repairs of common property in an apartment building established by the regional capital repair program, individual works for the overhaul of common property in this apartment building, provided for by the regional capital repair program, payment for these works was carried out without the use of budgetary funds and funds of the regional operator, and at the same time, in order to establish the need for overhaul of common property in an apartment building, the repeated completion of these works on time established by the regional capital repair program is not required, funds in an amount equal to the cost of these works, but not more than the amount of the maximum cost of these works, determined in accordance with Part 4 of Article 190 of this Code, are counted in the manner established by the law of the constituent entity of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for capital repairs by the owners of premises in apartment buildings, forming capital repair funds on the account of the regional operator.

Article 182. Responsibilities of the regional operator for organizing major repairs of common property in apartment buildings

1. The regional operator ensures the overhaul of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital repair program, and financing of the overhaul of common property in an apartment building, including in the event of insufficient capital repair fund funds, at the expense of funds received through payments from owners of premises in other apartment buildings that form capital repair funds in the account, accounts of the regional operator, at the expense of subsidies received from the budget of a constituent entity of the Russian Federation and (or ) local budget.

2. In order to ensure the implementation of major repairs of common property in an apartment building, the regional operator is obliged to:

1) within the time limits provided for in Part 3 of Article 189 of this Code, prepare and send to the owners of premises in an apartment building proposals on the start date of capital repairs, the required list and the scope of services and (or) work, their cost, the procedure and sources of financing capital repair of common property in an apartment building and other proposals related to such major repairs;

2) ensure the preparation of assignments for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of design documentation for major repairs, approve the design documentation, bear responsibility for its quality and compliance with the requirements technical regulations, standards and others regulatory documents;

3) attract contractors to provide services and (or) perform major repairs, and conclude relevant agreements with them on its own behalf;

4) control the quality and timing of the provision of services and (or) performance of work by contractors and the compliance of such services and (or) work with the requirements of project documentation;

5) accept the completed work;

6) bear other responsibilities provided for by the agreement on the formation of a capital repair fund and on the organization of capital repairs.

3. To perform work that requires a certificate of admission to work issued by a self-regulatory organization that affects the safety of capital construction projects, the regional operator is obliged to involve individual entrepreneur or a legal entity that has the appropriate certificate of admission to such work.

4. The law of a constituent entity of the Russian Federation may provide for cases in which the functions of a technical customer for capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account, accounts of a regional operator, can be carried out by local government bodies and (or) municipal budgetary institutions on the basis of the relevant agreement concluded with the regional operator.

5. The procedure for the regional operator to engage, including in the cases provided for in Part 3 of this article, local government bodies, municipal budgetary institutions, contractors to provide services and (or) carry out work on major repairs of common property in an apartment building is established by the constituent entity of the Russian Federation.

6. The regional operator, before the owners of premises in an apartment building, forming a capital repair fund on the account of the regional operator, is responsible for non-fulfillment or improper fulfillment of obligations under the agreement on the formation of a capital repair fund and on the organization of capital repairs, as well as for the consequences of non-fulfillment or improper fulfillment obligations to carry out major repairs by contractors engaged by the regional operator.

7. Reimbursement to the regional operator of funds spent on major repairs of common property in an apartment building, in an amount exceeding the size of the capital repair fund, is carried out at the expense of subsequent contributions for major repairs by the owners of premises in this apartment building.

Article 183. Accounting for capital repair funds by a regional operator

1. The regional operator keeps records of funds received into the account of the regional operator in the form of contributions for capital repairs of the owners of premises in apartment buildings, forming capital repair funds in the account of the regional operator (hereinafter referred to as the capital repair fund accounting system). Such accounting is kept separately for the funds of each owner of premises in an apartment building. Such records can be maintained electronically.

2. The accounting system for capital repair funds includes, in particular, information about:

1) the amount of accrued and paid contributions for major repairs by each owner of the premises in an apartment building, arrears in payment thereof, as well as the amount of interest paid;

2) the amount of funds allocated by the regional operator for major repairs of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on major repairs of common property in an apartment building;

3) the amount of debt for services rendered and (or) work performed on major repairs of common property in an apartment building.

3. The regional operator, upon request, provides the information provided for in Part 2 of this article to the owners of premises in an apartment building, as well as the person responsible for managing this apartment building (homeowners’ association, housing cooperative or other specialized consumer cooperative, management organization), and if direct management of an apartment building by the owners of premises in this apartment building to the person specified in Part 3 of Article 164 of this Code.

Article 184. Return of funds from the capital repair fund

If an apartment building is recognized as unsafe and subject to demolition or reconstruction, the regional operator is obliged to allocate funds from the capital repair fund for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code based on the decision of the owners of the premises in this apartment building to demolish it or reconstruction in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In case of seizure for state or municipal needs of the land plot on which an apartment building is located, and accordingly the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, the regional operator in in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, is obliged to pay the capital repair fund funds to the owners of premises in this apartment building in proportion to the amount of contributions they paid for capital repairs and the amount of these contributions paid by the previous owners of the corresponding premises in this apartment building. At the same time, the owners of premises in an apartment building retain the right to receive the redemption price for the seized residential premises and other rights provided for in Article 32 of this Code.

Article 185. Basic requirements for financial stability activities of the regional operator

1. Requirements for ensuring the financial sustainability of the activities of a regional operator are established by this article and the law of the constituent entity of the Russian Federation.

2. The amount of funds that the regional operator has the right to annually spend on financing the regional capital repair program (the amount of funds provided from capital repair funds formed by the owners of premises in apartment buildings, the common property of which is subject to major repairs in the future period), is determined as share of the volume of contributions for capital repairs received by the regional operator for the previous year. In this case, the size of this share is established by the law of the subject of the Russian Federation.

3. Additional requirements for ensuring the financial sustainability of the activities of a regional operator may be established by the law of a constituent entity of the Russian Federation.

Article 186. Control over the activities of a regional operator

1. Control over the compliance of the activities of a regional operator with established requirements is carried out by the authorized executive body of the constituent entity of the Russian Federation in the manner established by the highest executive body of state power of the constituent entity of the Russian Federation.

2. The federal executive body exercising control and supervision functions in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:

1) exercises control over the use by the regional operator of funds received as state support, municipal support for capital repairs, as well as funds received from owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;

2) sends recommendations and (or) orders to the regional operator to eliminate identified violations of the requirements of the legislation of the Russian Federation.

3. State financial control bodies of the constituent entities of the Russian Federation and municipal financial control bodies of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the constituent entities of the Russian Federation and municipalities exercise financial control over the use by the regional operator of funds from the corresponding budgets in the manner established by budget legislation Russian Federation.

Article 187. Reporting and audit of the regional operator

2. The decision to conduct an audit and the approval of an agreement with an audit organization (auditor) are carried out in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, as well as the constituent documents of the regional operator. Payment for the services of an audit organization (auditor) is carried out at the expense of the regional operator, with the exception of funds received in the form of payments from owners of premises in apartment buildings that form capital repair funds on the account of the regional operator.

3. The regional operator, no later than five days from the date of submission of the audit report by the audit organization (auditor), is obliged to send a copy of the audit report to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of socio-economic development subjects of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, and a regulatory authority.

4. The annual report of the regional operator and the audit report are posted on the website on the Internet information and telecommunications network, taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secrets in the manner and within the time limits established by the regulatory legal act of the constituent entity of the Russian Federation.

IN AN APARTMENT BUILDING

Article 189. Decision to carry out major repairs of common property in an apartment building

1. Major repairs of common property in an apartment building are carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, except for the cases provided for in Part 6 of this article.

2. The owners of premises in an apartment building at any time have the right to decide to carry out major repairs of common property in an apartment building at the proposal of the person managing the apartment building or providing services and (or) performing work on the maintenance and repair of common property in the apartment building, regional operator or on their own initiative.

3. At least six months (unless another period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which major repairs of common property in an apartment building must be carried out in accordance with the regional capital repair program, the person in charge of the management apartment building or the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (if the owners of premises in the apartment building form a capital repair fund on the account of the regional operator) submits to such owners proposals on the start date capital repairs, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs.

4. Owners of premises in an apartment building no later than three months from the date of receipt of the proposals specified in Part 3 of this article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and make a decision at a general meeting in accordance with part 5 of this article.

5. By the decision of the general meeting of owners of premises in an apartment building to carry out major repairs of common property in this apartment building, the following must be determined or approved:

1) list of major repair works;

2) cost estimate for major repairs;

3) timing of major repairs;

4) sources of financing for capital repairs.

6. If, within the period specified in part 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not decided to carry out major repairs of common property in this apartment building, the local government body makes a decision on carrying out such major repairs in accordance with the regional capital repair program and the proposals of the regional operator.

7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body makes a decision on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of a special account. The owner of a special account is obliged to transfer the funds in the special account to the account of the regional operator within one month from the date of receipt of such a decision from the local government. The decision on major repairs of common property in this apartment building is made in accordance with parts 3 - 6 of this article. If the owner of a special account has not transferred the funds in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator.

Article 190. Financing expenses for major repairs of common property in an apartment building

1. The regional operator provides financing for the capital repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator.

2. The basis for the transfer by the regional operator of funds under the contract for the provision of services and (or) the performance of work to carry out major repairs of common property in an apartment building is the act of acceptance of the work performed (except for the case specified in Part 3 of this article). Such an acceptance certificate must be agreed upon with the local government body, as well as with the person who is authorized to act on behalf of the owners of premises in an apartment building (if major repairs of common property in an apartment building are carried out on the basis of a decision of the owners of premises in this apartment building).

3. The regional operator may pay as an advance no more than thirty percent of the cost of the corresponding type of work on major repairs of common property in an apartment building, including work on the development of design documentation or certain types of work on major repairs of common property in an apartment building.

4. The amount of the maximum cost of services and (or) work on major repairs of common property in an apartment building, which can be paid by the regional operator from the funds of the capital repair fund, formed on the basis of the minimum amount of contribution for major repairs, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this maximum cost, as well as payment for services and (or) work not specified in Part 1 of Article 166 of this Code and the regulatory legal act of a constituent entity of the Russian Federation adopted in accordance with Part 2 of Article 166 of this Code, is carried out at the expense of the owners of premises in apartment building, paid in the form of a contribution for capital repairs in excess of the minimum contribution for capital repairs.

Article 191. Measures of state support, municipal support for capital repairs

1. Financing of work on major repairs of common property in apartment buildings can be carried out using financial support measures provided to homeowners’ associations, housing, housing-construction cooperatives or other specialized consumer cooperatives created in accordance with the Housing Code of the Russian Federation, management organizations, regional operators at the expense of federal budget funds, budget funds of a constituent entity of the Russian Federation, local budgets in the manner and on the terms provided for, respectively, by federal laws, laws of constituent entities of the Russian Federation, and municipal legal acts.

2. Measures of state support, municipal support for capital repairs as part of the implementation of regional capital repair programs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund.”

Subclause 61 of clause 2 of Article 26.3 Federal Law of October 6, 1999 N 184-FZ “On general principles organizations of legislative (representative) and executive bodies state power of the constituent entities of the Russian Federation" (Collected Legislation of the Russian Federation, 1999, No. 42, Art. 5005; 2003, No. 27, Art. 2709; 2005, No. 1, Art. 17, 25; 2006, No. 1, Art. 10; N 23, Art. 2380; N 30, Art. 3287; N 31, Art. 3452; N 44, Art. 4537; N 50, Art. 5279; 2007, N 1, Art. 21; N 13, Art. 1464 ; N 21, Art. 2455; N 30, Art. 3747, 3805, 3808; N 43, Art. 5084; N 46, Art. 5553; 2008, N 29, Art. 3418; N 30, Art. 3613, 3616 ; N 48, Art. 5516; N 52, Art. 6236; 2009, N 48, Art. 5711; N 51, Art. 6163; 2010, N 15, Art. 1736; N 31, Art. 4160; N 41, Article 5190; N 46, Article 5918; N 47, Article 6030, 6031; N 49, Article 6409; N 52, Article 6984; 2011, N 17, Article 2310; N 27, Article 3881; N 29, Art. 4283; N 30, Art. 4572, 4590, 4594; N 48, Art. 6727, 6732; N 49, Art. 7039, 7042; N 50, Art. 7359; 2012, N 10, Art. 1158, 1163; N 18, article 2126; N 31, article 4326; Russian newspaper, 2012, December 7) add the words “regulating relations in the field of ensuring major repairs of common property in apartment buildings.”

1) subparagraph 30 of paragraph 3 of article 149 add the words “, implementation of work (services) to perform the functions of a technical customer for major repairs of common property in apartment buildings, performed (provided) by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and are created in accordance with the Housing Code of the Russian Federation, as well as local government bodies and (or) municipal budgetary institutions in cases provided for by the Housing Code of the Russian Federation";

2) paragraph 3 of Article 162 shall be stated as follows:

"3. The tax base does not include:

1) funds received by management organizations, homeowners’ associations, housing construction, housing or other specialized consumer cooperatives created to meet the needs of citizens for housing and responsible for maintaining in-house engineering systems, with the use of which utility services are provided, for the formation of a reserve for carrying out current and major repairs of common property in apartment buildings, including the formation of funds for capital repairs of common property in apartment buildings;

2) funds received by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and are created in accordance with the Housing Code of the Russian Federation, for the formation of funds for the overhaul of common property in apartment buildings.”;

3) in subparagraph 14 of paragraph 1 of article 251:

a) add a new paragraph six with the following content:

“in the form of budget funds allocated for shared financing of capital repairs of common property in apartment buildings in accordance with the Housing Code of the Russian Federation to homeowners’ associations, housing, housing-construction cooperatives or other specialized consumer cooperatives created and managing apartment buildings in accordance with the Housing Code of the Russian Federation, management organizations, as well as in the direct management of apartment buildings by the owners of premises in such buildings - management organizations providing services and (or) performing work on the maintenance and repair of common property in such buildings;";

b) paragraphs six - twentieth shall be considered paragraphs seven - twenty-one, respectively;

V) paragraph twenty-one considered paragraph twenty-two and after the words “management organizations” supplemented with the words “, as well as to the accounts of specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and were created in accordance with the Housing Code of the Russian Federation, " Fraud in shared construction The real estate market under construction is very […]

Question for a lawyer: Which [...]

Major renovations have always been the subject of controversy and questions. Therefore, we decided to talk a little this topic.

About major repairs

The overhaul itself represents complex work on significant changes in the design of the object. This is a rather complex and costly undertaking, which is carried out exclusively by qualified specialists, since the work performed during the overhaul process ideally ensures not only the aesthetics, but also the safe operation of the building.

What is included in a major overhaul? It could be completely various works, the composition and order of which is determined after analyzing the technical report on the condition of engineering systems and building structures, design and estimate documentation and the wishes of the owners.

One of the main areas of major renovation is the repair of walls and facades, which includes the following types works:

· insulation of socles, facades;

· replacement of balcony and window fillings with PVC windows;

· glazing of loggias and balconies;

· repair of socles, facades;

· repair of loggias and balconies with subsequent restoration of tile covering, waterproofing, repair of screens, fences;

· repair of fire escapes;

· installation of canopies over loggias and balconies upper floors, entrances to entrances and basements;

· repair of blind area;

· repair of external walls of elevator shafts;

· repair and replacement of external drainage.

Another area is the repair of basements and house foundations, which includes:

· repair of foundations;

· repair of basement entrances;

· antiseptic treatment of structural elements of the building;

· sealing the intersections of engineering systems with foundations.

In addition, attic and roof repairs can be carried out:

· replacement, repair, fire treatment, antiseptic treatment wooden structures;

· repair or replacement of pallets;

· restoration of temperature and humidity conditions;

· replacement and repair of pallets;

· sealing, repair of air ducts, flues and other similar systems;

· repair, replacement of parapet gratings;

· repair and replacement of elements internal drain etc.

During a major overhaul, staircases can also be repaired with the replacement of steps and railings landings etc. In addition, a significant part of the work in the field of major repairs is devoted to entrance platforms and door fillings. This category includes the following activities:

· replacement and repair of lighting;

repair, replacement entrance doors entrances;

· repair, replacement of doors to garbage chambers;

· repair, strengthening, partial replacement of staircase steps, entrance platform, etc.

In-house engineering systems of an apartment building

Repair central heating:

· replacement and repair of risers, pipelines, connections to heating systems;

· installation heating devices with attached and built-in automatic thermostats;

· replacement or repair of thermal curtains;

· reconstruction of the panel control system;

· adjustment of the heating system;

installation of automatic balancing valves on branches, risers, rings of heating systems, etc.

Ventilation installation (replacing grilles, cleaning the ventilation system)

Organization of hot and cold water supply:

· replacement and repair of pipelines and heated towel rails, if they belong to common house systems;

· installation of shut-off valves;

· replacement of pipe distribution;

· installation of meters, etc.

Of course, the work in the field of major repairs does not end there, and it is very important to understand that to carry them out, only professionals should be involved in the work.

Major repairs are a set of works, the purpose of which is to eliminate wear and tear and defects in housing, and replace failed communications. It became a necessity due to the high percentage of obsolescence of common property.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Since 2014, the implementation of the listed activities has been transferred from the state to the owners of residential and non-residential buildings, who are obliged to pay for them. Contributions are made on a regular basis, monthly, and go to. The amount is indicated on the receipts sent to homeowners.

The frequency of major repairs is once every 25 years. Some of them can be carried out as part of ongoing repairs.

What it is?

Maintenance

It is necessary to distinguish between major and current repairs. They have different expense items, different funds and certain similarities.

So, the following types of work can be carried out both during major repairs and ongoing:

• Work on insulation, restoration and painting of facades, if required during the operation of buildings.
• Replacement roofing on the roof in case of violation of its waterproofing.
• Cosmetic repairs inside entrances using plaster and paint.
• Full or partial replacement, repair window frames in entrances, door blocks, replacement of glazing.

The list of works for both current and major repairs may change individually. A joint decision must be made between the apartment owners.

At the regional level, there are special programs for major repairs, within the framework of which it is possible to carry out routine repairs of buildings. The program determines the list and sequence of planned work. You can view this list by contacting your local government.

Does the use of the building have an impact?

The regularity and need for major repairs, as well as the list of works, are directly influenced by the operating features of a multi-storey building in which people live.

This issue is addressed in Section 6 of the Rules and Standards for the Operation of the Housing Stock. It considers the maintenance of housing, which is located on the territory of permafrost, in an area of ​​high seismic activity, as well as on salty soil.

The Rules do not clearly indicate how operating conditions affect repair work, but there is a list possible violations standards that must be eliminated when carrying out major repairs.

Main provisions of the document:

• Soil features. When a building is located on subsiding soil, due to its high porosity and lightness, the risk of severe shrinkage of the building is increased. When carrying out repairs, it is necessary to check the existing engineering communications for leaks. Communications are installed only from high-strength materials. Special shut-off mechanisms are installed in water supply systems, which are necessary to stop the water supply if a leak occurs.
• Seismically active zones. When carrying out major repairs or maintenance indoors, a special frame is installed on the walls. When even small seismic activity is detected, a technical inspection of the building is carried out, on the basis of which a report is drawn up. The document is necessary to make a decision on the need for repair work. Great importance focused on strengthening structures that ensure safety and high stability residential buildings.
• Permafrost. In this case, attention is paid to monitoring work drainage system. It is important to prevent water from the sidewalks from penetrating into the foundations of buildings and subsequently freezing. Overhaul of water supply systems is carried out not once every 25 years as usual, but on an individual basis when the need arises and to prevent emergency situations.

Major renovation of apartment buildings – complex work aimed at improving the quality of life in multi-storey buildings. It requires compliance with a number of technical requirements and is regulated at the legislative level.

Return