Capital repairs of apartment buildings: pay or not? The capital repair rate of an apartment building
In receipts for payment of housing and communal services, directedcitizens of the Russian Federation, there is a line - "major repairs." What are the legal grounds for submitting it to the relevant payment document? What structures are responsible for collecting financial receipts from citizens for these purposes, as well as for practical overhauling?
Do I have to pay for capital repairs?
Yes, in accordance with the legislation of the Russian Federation,certainly. Corresponding adjustments to legal acts were made in 2014. The proprietors of the apartments are obliged to contribute money in the amount determined by the tariffs approved by the legislative bodies of a specific subject of the Russian Federation and is calculated based on the area of the dwelling. That is, the corresponding amount, established by the authorities, is multiplied by the number of square meters of housing.
So, if we were worried about the question of suchphenomena, like the overhaul of apartment buildings (pay or not), then we answered it. Appropriate contributions need to be made. At the same time, the RF LC contains provisions on which the owners of the apartments retain their property rights to the financial contributions. If a citizen sells a dwelling, for which he made contributions for major repairs, then the rights to use the relevant assets pass to the buyer.
Overhaul of apartment buildings: general information
There are two main schemes within which it is possible to overhaul apartment buildings. The law assumes that they are legally equivalent - it is up to the choice of citizens.
The first scheme is the use of specialregional funds - institutions in the status of NGOs. The second - the creation of a separate account, which will accumulate funds for the overhaul.
In the first case, the time and procedurerepairs are recorded in a special regional program. In the second scenario, this source is also important, but citizens within the established criteria can adjust the relevant conditions for the performance of necessary work.
Usually, each residential house has a service life ofcompliance with regulations. If by the time when the building in accordance with the criterion to be repaired, citizens have not created a special account, it falls under the jurisdiction of the regional operator.
Expenses for overhaul in the municipal housing stockbears the appropriate local authority. Contributions to capital repairs are made by the owner. In this case it is a municipality. But in private multi-apartment housing this obligation is assigned to the owners of apartments.
Where will receipts come from?
The way the owners will be deliveredreceipts for payment of overhaul, depends on the chosen option of accumulation of funds. Their legislation provides, as we noted above, two: on a separate account or on the account of a regional operator. In the first case, the receipt is most often sent by the HOA, in the second - the state institution dealing with the overhaul of apartment buildings. If the residential building is managed by the management company, then the corresponding obligations to deliver the accounts to citizens are assigned to it.
Terms of overhaul
Order of overhaul of apartment buildingshouses, stipulated by the legislation, is carried out in terms that depend, first, on the between-repair periods established for certain elements of the construction of a residential building, and secondly, on the way of formation of the corresponding capital.
In the event that money accumulatesa regional operator, then overhaul is carried out according to the approved program. As a rule, in the first place, houses with a significant degree of deterioration are being repaired. Concerning the scenario in which the capital fund for the overhaul of apartment buildings is at the disposal of the HOA, it should be noted that the time limits prescribed in the regional program indicate the time to which the relevant work should in any case be carried out. It is expected, in this way, that HOAs can implement them even faster than a regional operator could do.
In the event that overhaul issues are dealt withstate institution, an important factor in the formation of the order of houses for repairs - this is a payment discipline of apartment owners. If citizens are not too eager to timely pay bills for utilities, this can affect the repair period in their homes. But if the deterioration of a residential building makes it difficult to operate it, then, regardless of the amount of arrears for utility payments, repairs can be carried out at this facility as soon as possible.
Help from the budget
Regardless of the form of accumulationcapital, aimed at capital repairs, assistance to citizens who transfer funds for the maintenance of the house, can be provided by the state. Thus, in the budgets of many regions, funds have been invested to compensate the corresponding amounts by 50-100%, depending on the social category of the citizen.
Specificity of regional operators
Let us consider in more detail the specific features of thosethe most regional operators, which we mentioned above. What are these institutions? In most cases, this is a non-profit organization that is managed by the regional executive authority, which is responsible for capital repairs of apartment buildings. Typically, the government structure that establishes regional operators is called the Ministry of Housing or other similar ways.
The main function of the operators in question,- Full control over such procedure as major repairs of the house, starting from sending receipts to citizens and finishing with the procedures for acceptance of construction works related to the building arrangement. The financial responsibility for the activities of the structures in question is most often borne by the government of the subject of the federation.
Activities of regional operatorsIt is supposed to be very transparent: thus, information reflecting the results of the activities of these organizations is usually posted on their websites. Each owner will thus be able to see how much the capital fund for the overhaul of apartment buildings has grown, which he regularly replenishes, gets acquainted with the list of works to be performed around the house, or information on the performance of contractors.
Such transparency of the regionaloperators is connected with the authorities' desire to increase the confidence of citizens. That no one asked questions about whether to carry out major repairs of apartment buildings, pay or not for the relevant services. People should understand that the operator is a stable structure, and it will not disappear anywhere with the money paid.
Specificity of regional programs
What are the specific features of the regional programs in accordance with which the NPOs responsible for the overhaul of residential buildings implement the relevant procedures?
In fact, they are a list of residentialbuildings built in the subject of the federation and experiencing an objective need for repair of roofs, facades, foundations and other elements that have signs of deterioration. The program does not include homes that are recognized in accordance with the established procedure as emergency, as well as buildings that do not contain elements of common property in their structure.
The most important component of the program regulatingoverhaul of apartment buildings, - schedule of relevant work. It is formed on the basis of a variety of factors: for example, the degree of deterioration of buildings, the period of their operation, in some cases - the size of the debt of citizens for utility services, as we noted above.
What is the way to accumulate capital?
So, we learned that there are two ways of accumulationcapital, which can then be sent to the capital repair of a residential building: through a regional operator or through a HOA or with the participation of a management company. Which one is better? Perhaps there is not much difference between them at all?
The main advantage of addressing regionaloperator - saving time. Citizens will not need to spend time on the formalities associated with the decision of financial and other organizational issues related to the implementation of the provisions of the law on the overhaul of houses. The services of the relevant NGOs are free of charge. However, such a format of activities is characterized by a clear defect - overhaul can be carried out only in time provided by the regional program, as we already noted above.
Therefore, if the tenants are counting onbe able to carry out major repairs at home not on schedule, but on necessity, they need to initiate the opening of a special account, on which the necessary funds will be accumulated. Of course, in this case, you have to spend time on solving a large number of organizational issues. However, in the structure of HOAs, as a rule, there are always competent people in resolving such difficulties. Of course, it is unlikely that they will agree to do the work for free, but the expected result of citizens usually justifies the corresponding costs. Therefore, such a scenario is fully approved by many homeowners planning to conduct regular overhaul of apartment buildings. To pay or not to employees of the HOA, and if so, how much is the issue that is decided at the relevant meetings.
So, let's list the main advantages of the option, in which the regional operator manages money:
- the relevant structure solves all the necessary organizational issues;
- the activities of regional operators are not subject to payment;
- the appropriate type of NPO should publicly report for their work.
The main drawback of this scheme: the time of actual overhaul may differ from those that are desirable for apartment owners.
Let's consider the basic advantages of opening own account on management of money resources on carrying out of repair:
- You can set any time limits for the order of necessary works and services;
- You can choose beneficial and quality-guarantee contractors;
- there is an opportunity to implement a flexible regulation of the value of contributions for overhaul.
The main drawback of this scheme: It takes time to organize the interaction of the HOAs with various counterparties and supervisors. But, as we noted above, in the structure of homeowner associations usually there are enterprising citizens ready to help solve the relevant issues.
How to organize an independent management of capital?
It is possible that citizens will decide to managein-house, without resorting to the services of a regional operator. Thus, the financing of capital repairs of apartment buildings will become fully manageable by the tenants themselves. How can self-management be organized in the part of solving tasks related to the overhauling?
First of all, the HOA should function in the house. However, it can only serve a particular residential building. If there are several houses, it is allowed that the total number of apartments does not exceed 30, subject to their location on one site.
At the meeting of homeowners there should beThe amount of the corresponding contribution for capital repairs, levied from each apartment, is determined. Its minimum value can not be less than the tariff established in regional legal acts regulating the housing and communal services sector. Overhaul is, as a matter of fact, a set of services provided by construction organizations. It is necessary to approve the list of corresponding services. At the same time, it should not include a smaller amount of work than indicated in the regional program. Citizens also need to decide on the terms of capital repairs. They can not be later than those prescribed in the regional program.
Owners can also make a decisionincrease or decrease the value of contributions for capital repairs. But the corresponding values should be within the limits established by the legislation. The funds already collected for capital repairs can not be cashed without a number of important documents, namely: the minutes of the general meeting, on the agenda of which are capital repairs, contracts with contractors, an acceptance certificate and a final protocol reflecting the work performed.
Amount of payments
We noted above that key indicators,the basis of which forms the costs of owners associated with the formation of the corresponding financial fund - the capital repair rate of the apartment building approved in the region, the area of the apartment, as well as the amount of compensation for part of the costs of citizens from the budget.
The first component of the "formula" is definedregional authorities. For example, the rate of capital repairs of an apartment building in the Rostov Region is 6.60 rubles. for the square. m. The corresponding indicator is fixed in the resolution of the regional government. In the Voronezh region there will be other figures, on the basis of which the contributions for capital repairs of apartment buildings are calculated, Moscow has the right to establish its own.
Calculate the tariff before approvalregional government on the basis of the methodology developed by the Ministry of Regional Development of the Russian Federation, that is, at the federal level. It is assumed that the size of the corresponding contributions is calculated on the basis of an estimate of the total amount of objective requirements for funds for the payment of works and services that are most likely to be conducted with the aim of bringing the average residential building in order after several years of continuous operation.
Sanctions for failure to comply with the requirements of the law
Are there any sanctions ifthe citizen decides that he does not want to make contributions for the overhaul of apartment buildings? To pay or not for it is a question that he does not ask. Yes, there are sanctions. The payments in question are envisaged at the level of federal legislation. And if a person does not contribute them, then this is a legitimate reason for the formation of a debt and the subsequent accrual of penalties in case of non-payment. Approximately the same as in case of refusal to transfer funds for other public services. If a citizen refuses in principle to pay the appropriate amounts and compensations related to the delay in payments, then the funds can be recovered from him by the court.
Who controls the turnover of funds?
If the owners of the housing have decided that they will givecompetence related to the implementation of overhaul, the regional operator, then who will exercise control over the expenditure of the relevant funds? Above we noted that the regional government is most likely to bear full financial responsibility for the results of the activities of the respective NGOs.
Additional measures to protect money areBarriers to their cashing from the accounts of regional operators. Thus, the bank will pay for the capital repairs of the apartment building to the contractors only if the NCO responsible for capital repairs issues a report reflecting information on the meeting on the issue of repairs, as well as a contract for the provision of appropriate services and an acceptance certificate. Also, a final protocol will be needed regarding the approval of the work performed by the contractor. The same requirements, by the way, we listed above, describing the specifics of financial management for overhaul through the HOA.
Regional operators are required to sendinformation relating to their work, to statistical bodies, to the Federal Tax Service and other institutions, if required by law. In some regions, legal acts have been approved, according to which the regional operator must send monthly to the housing inspection figures on cash accruals for capital repairs. With this information citizens can also get acquainted - through the site.
In the work of NGOs, formed by governmentsregions of the Russian Federation, direct participation as subjects of legal relations of private persons is not supposed. All contracts are signed by the legal entity, accountable to the authorities of the entity. Appropriate government structures in the regions form board of guardians headed by officials - for example, it may be the first deputy head of the region. The Board of Trustees of NPOs responsible for capital repairs may also include representatives of trade union structures and legislative bodies of the entity.