In the receipts for payment of housing and communal services sent to citizens of the Russian Federation, there is a line - "overhaul". What are the legal grounds for entering it in the relevant payment document? What structures are responsible for collecting financial receipts from citizens for these purposes, as well as for the practical implementation of major repairs?
Is it mandatory to pay for overhaul?
Yes, in accordance with the legislation of the Russian Federation, required. Corresponding adjustments to legal acts were introduced in 2014. The owners of the apartments are obligated to deposit funds in an amount that is determined by the tariffs approved by the legislative bodies of a particular constituent entity of the Russian Federation and is calculated based on the area of the premises. That is, the corresponding value established by the authorities is multiplied by the number of square meters of housing.
So, if we were worried about the issue of such a thing as major repairs of apartment buildings (pay or not), then we answered it. Appropriate contributions must be made. At the same time, the RF Housing Code contains provisions under which apartment owners retain property rights to contributed financial resources. If a citizen sells a dwelling, for which he made contributions for overhaul, the rights to use the relevant assets are transferred to the buyer.
Overhaul of residential buildings: general information
There are two main schemes within which overhaul of apartment buildings is possible. The law assumes that they are legally equivalent - it is up to the citizens to choose.
The first scheme is the use of the services of special regional funds - institutions in the status of NPOs. The second is the creation of a separate account on which money will be accumulated for the overhaul.
In the first case, the timing and procedure for the repair are fixed in a special regional program. In the second scenario, this source is also important, but citizens within the established criteria can adjust the appropriate conditions for the implementation of the necessary work.
Typically, each residential building has a life expectancy in accordance with the regulations. If by the time the building is to be repaired in accordance with the noted criteria, citizens have not created a special account, then it falls under the jurisdiction of the regional operator.
The overhaul in the municipal housing fund is borne by the relevant local authority. Contributions for major repairs are made by the owner. In this case, it is a municipality. But in a private multi-unit housing stock, this obligation rests with the owners of the apartments.
Where will the receipts go
How the receipts for overhaul payment will be delivered to the owners depends on the chosen option of accumulating 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 HOA most often sends receipts, in the second - the government agency dealing with the overhaul of apartment buildings. If the residential building is managed by the management company, then the corresponding obligations for the delivery of bills to citizens are assigned to it.
Overhaul period
The procedure for the overhaul of apartment buildings, provided for by law, is carried out in a time frame that depends, firstly, on the overhaul periods established for certain structural elements of a residential building, and secondly, on the method of generating the corresponding capital.
In the event that the regional operator accumulates funds , the overhaul is carried out according to the approved program. As a rule, first of all, houses with a significant degree of wear are repaired. Regarding the scenario in which the fund for the overhaul of apartment buildings is at the disposal of the HOA, it should be noted that the terms prescribed in the regional program indicate the time by which the corresponding work should be carried out in any case. Thus, it is expected that HOAs will be able to implement them even faster than a regional operator could do.
If the state institution deals with the overhaul, an important factor in the formation of the order of houses for repairs is the payment discipline of apartment owners. If citizens are not too keen on timely payment of bills for housing and communal services, this may affect the terms of overhaul in their homes. But if the deterioration of a residential building clearly makes its operation difficult, then regardless of the amount of debts for utility bills, repairs can be carried out at this facility as soon as possible.
Help from the budget
Regardless of the form of capital accumulation aimed at overhaul, the state can provide assistance to citizens transferring funds for house maintenance. So, in the budgets of many regions, funds have been included that are designed to compensate the corresponding amounts by 50-100%, depending on the social category of the citizen.
The specifics of regional operators
Let us consider in more detail the specifics of the activities of those same regional operators, which we spoke about above. What are these institutions? In most cases, this is a non-profit organization run by the executive branch of the region, which is responsible for the overhaul of apartment buildings. Usually, the government structure that establishes regional operators is referred to as the Ministry of Housing and Public Utilities or in a similar way.
The main function of the operators in question is full control over such a procedure as major repairs of the house, starting from sending receipts to citizens and ending with the procedures for accepting construction work related to the arrangement of the building. The financial responsibility for the activities of the structures under consideration most often lies with the government of the subject of the federation.
The activities of regional operators are supposed to be very transparent: for example, information reflecting the results of the activities of these organizations is usually posted on their websites. Thus, each owner will be able to see how much the money fund for the overhaul of apartment buildings has grown, which he himself regularly replenishes, to get acquainted with the list of work to be done around the house, or with information on the results of contractors.
Such transparency in the work of regional operators is associated with the desire of the authorities to increase the trust of citizens. So that no one wonders whether to carry out major repairs of apartment buildings, whether or not to pay for the corresponding services. People should understand that the operator is a stable structure, and he will not disappear anywhere with the money paid.
The specifics of regional programs
What are the features of regional programs, according to which NPOs responsible for overhaul of residential buildings implement the relevant procedures?
In fact, they are a list of residential buildings 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 houses recognized in the established order as emergency, as well as buildings that do not contain elements of common property in their structure.
The most important component of the program that regulates the overhaul of apartment buildings is the schedule for the 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 housing services, as we noted above.
What method of capital accumulation to choose?
So, we learned that there are two ways to accumulate capital, which can subsequently be directed to overhaul an apartment building: through a regional operator or through an HOA or with the participation of a management company. Which method is better? Perhaps there is not much difference between them?
The main advantage of contacting a regional operator is time saving. Citizens will not need to spend time on formalities related to resolving financial and other organizational issues related to the implementation of the provisions of the law on the overhaul of residential buildings. The services of the respective NGOs are free. However, such a format of activities is characterized by a clear drawback - overhaul can only be carried out within the time period stipulated by the regional program, as we noted above.
Therefore, if tenants expect to be able to carry out major repairs of the house not according to the schedule, but if necessary, they need to initiate the opening of a special account on which the necessary funds will be accumulated. Of course, in this case, you will have to spend time solving a large number of organizational issues. However, in the structure of HOAs, as a rule, there are always people competent in resolving such difficulties. Of course, it is unlikely that they will agree to do the work for free, but the result expected by citizens usually justifies the associated costs. Therefore, this scenario is quite approved by many homeowners planning to conduct regular overhauls of apartment buildings. To pay or not to the HOA staff, and if so, how much is the issue resolved at the respective meetings.
So, we list the main advantages of the option in which the regional operator manages the funds:
- the appropriate structure solves all the necessary organizational issues;
- the activities of regional operators are not subject to payment;
- The corresponding type of NPO should publicly report on its work.
The main disadvantage of this scheme: the terms of the actual overhaul may differ from those that are desirable for apartment owners.
Consider the main advantages of opening your own money management account for repairs:
- You can set any deadlines relating to the order of necessary works and services;
- You can choose profitable and guaranteeing the quality of contractors;
- it is possible to carry out flexible regulation of the amount of contributions for overhaul.
The main disadvantage of this scheme: it takes time to organize the interaction of HOAs with various contractors and regulatory authorities. But, as we noted above, in the structure of partnerships of homeowners usually there are initiative citizens who are ready to help resolve relevant issues.
How to organize independent capital management?
It is possible that citizens will decide to do on their own without resorting to the services of a regional operator. Thus, the financing of the overhaul of apartment buildings will become fully controllable by the residents themselves. How can self-government be organized in terms of solving problems related to overhaul?
First of all, the HOA should function in the house. However, it can only serve a specific residential building. If there are several houses, then it is allowed that the total number of apartments does not exceed 30, provided that they are located on one site.
At the meeting of homeowners, the amount of the appropriate overhaul fee levied on each apartment must be determined. Its minimum value cannot be less than the tariff established in regional legal acts regulating the housing sector. Overhaul is, in fact, a set of services provided by construction organizations. A list of relevant services must be approved. Moreover, it should not provide for a smaller amount of work than specified in the regional program. Citizens also need to determine the timing of the overhaul. They cannot be later than those prescribed in the regional program.
Owners may also decide to increase or decrease the amount of their overhaul contributions. But the relevant values should be within the limits established by law. Funds that have already been collected for overhaul cannot be cashed out without a number of important documents, namely: the minutes of the general meeting, on the agenda of which there are overhauls, agreements with contractors, an acceptance certificate and a final protocol reflecting the work performed.
Amount of payments
We noted above that the key indicators on the basis of which owners 'expenses are formed related to the formation of the corresponding financial fund are the capital repair rate of an apartment building approved in the region, the apartment area, as well as the amount of compensation for a part of citizens' expenses from the budget.
The first component of the “formula” is determined by the regional authorities. For example, the capital repair rate for an apartment building established in the Rostov Region is 6.60 rubles. per sq. 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 contributions for the overhaul of apartment buildings are calculated, Moscow has the right to set its own.
The tariff is calculated before approval by the regional 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 amount of the relevant contributions is calculated on the basis of assessing the total objective requirements for cash to pay for work and services, which are most likely to be carried out in order to bring 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 provided if a citizen decides that he does not want to make contributions for the overhaul of apartment buildings? Whether or not to pay for it is a question that he does not ask. Yes, there are sanctions. The payments in question are provided at the level of federal law. And if a person does not pay them, then this is a legitimate reason for the formation of debt and the subsequent charge of interest in case of non-payment. About the same as in the case of refusal to transfer funds for other utilities. If a citizen fundamentally refuses to pay the corresponding amounts and compensations related to the delay in payments, then funds can be recovered from him by the court.
Who controls the flow of funds?
If homeowners decide that they will transfer the competencies related to the overhaul to a regional operator, then who will control the spending of the relevant funds? We noted above that the regional government most often bears full financial responsibility for the results of the activities of the respective NGOs.
An additional measure of cash protection is the barriers to cashing out of the accounts of regional operators. So, the payment for the overhaul of the apartment building to the contractors will be made by the bank only if the NPO responsible for the overhaul provides a protocol reflecting the information about the meeting regarding the repair, as well as an agreement on the provision of relevant services and an acceptance certificate. You will also need the final protocol regarding the approval of the work carried out by the contractor. The same requirements, by the way, we have listed above, characterizing the specifics of financial management for overhaul through the HOA.
Regional operators are obliged to send information regarding their work to statistical authorities, 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 to the housing inspectorate figures on monetary charges for overhaul every month. Citizens can also get acquainted with this information through the site.
In the work of NPOs formed by the governments of the regions of the Russian Federation, direct participation of individuals as legal entities is not assumed. All contracts are signed by a legal entity accountable to the authorities of the subject. , — , . , , , .