What is included in the concept of major repairs. The list of works that are included in the overhaul of an apartment building
The problems associated with the implementation of major repairs and the maintenance of real estate objects are urgent for the government apparatus and managing organizations. The seriousness of the task is due to an increase in the level of responsibility of citizens for the maintenance of houses and the deterioration of the housing stock. However, first you need to find out what is included in the overhaul. apartment building.
The concept of overhaul
Overhaul is the performance of work aimed at eliminating the design flaws in the common property of the owners in an apartment building. Such activities also include the reconstruction or replacement of components in order to improve the overall properties.
It is worth knowing that the capital repair fund and other resources are sources of costs for restoration work.
In addition to capital, the latter is also a set of measures taken to prevent wear and tear of real estate and eliminate minor damage.
Most often, current repairs are planned. Such work is carried out quite often and does not require significant financial costs.
Capital Repair Fund
The overhaul fund consists of several elements. That is, it includes a contribution for major repairs, interest calculated for the use of finance from a specialized account and paid by the owners for failure to fulfill their obligations to transfer payments.
The funds received can be used to solve several problems. For example, to pay for the repair of common property. In addition, the money can be used to repay loans for services already provided or to develop project documentation.
If the building is in disrepair, then the fund's funds are used to demolish or reconstruct the building. At the same time, the owners of real estate deal with this issue.
Contributions for overhaul
Contribution for the overhaul of common property must be paid by the owners every month. The amount of such payment is specified in the relevant legal document. It should be remembered that such a payment must be made after seven calendar days. It can also be started after the publication of a regional program for the implementation of restoration activities. Contribution for major repairs is not paid in the event of the building being in an emergency condition.
The amount of such a contribution depends on the number of floors, the period of operation, the volume necessary work and belonging to a particular municipal organization. Also, the owners, based on the results of the general meeting, can increase the entry fee for the overhaul of common property.
In addition, the authorities should regularly review the level of the minimum payment. This study depends on the income level of the population and the prices for restoration work. Calculating the amount of the contribution is quite simple. To do this, multiply the total area by the rate, which is indicated in the legal act.
List of works
The legislation approved a register of services that are provided at the expense of the existing fund. What is included in the renovation of an apartment building? In accordance with the resolution, house maintenance work includes a technical inspection of the premises and its elements, preparation for the operation of the building in different periods years and provision of additional services. The overhaul works cover the replacement internal communications such as plumbing, heating, etc. In addition, this includes checking elevator equipment, roofs, basements and facades.
However, there are some additions. In particular, measures are being taken to insulate the walls, equip the ventilation system and install meters.
Roof repair
Is it possible to save?
The funds to form the fund may come from other sources. Moreover, the money received is spent both on paying existing debts and on financing additional work.
Other sources include funds received for the provision of non-residential premises for rent and the placement of advertising structures. At the same time, the intermediary has the right to make discounts on payments, for example, to pensioners, veterans.
Quality of work
The organization that carries out restoration work is obliged to ensure their quality in accordance with established requirements and rules.
The relevant agreement defines the norms for the implementation of major repairs and safety indicators that construction floors must meet.
Monitoring the progress of the work falls on the shoulders of the regional operator or the partnership of owners. Also government bodies can be part of this process. Such a service undertakes to maintain a list of notifications and special accounts, provide the necessary information and report on the progress of events.
Conclusion
Having learned what is included in the overhaul of an apartment building, we can draw some conclusions. For example, the overhaul fund is formed at the expense of finances received from the owners. The frequency of such work depends on the period of operation of the materials. In particular, the service life of a slate roof is thirty years, and a cast-iron pipeline is forty. Contributions to the respective fund are obligatory. Whether to pay for major repairs is decided directly by the owner of the property. However, it should be remembered that non-payment of contributions leads to the calculation of interest and litigation.
Before entry into force federal law of the Russian Federation dated December 25, 2012 No. 271-FZ “On Amending the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid” (hereinafter Law No. 271-FZ) overhaul apartment buildings helped run the housing and communal services fund. Now the fund will only sponsor the resettlement of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ owners of housing in apartment buildings will pay for major repairs. Repair payments are mandatory. The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles with square meter.
Let's look at the pros and cons of Federal Law No. 271-FZ how this will affect the wallets of ordinary citizens. The new law, in fact, did not bring new normal into civil law, since the Civil Code of the Russian Federation (Article 210) and the LC RF (Clause 1, Article 158) clearly state:
Owners are responsible for the maintenance of owned housing. In other words, a person who has bought, privatized or otherwise obtained ownership of an apartment in apartment building, receives not only rights, but also obligations to maintain housing in proper condition (repair of the roof, facade, foundation, etc.).
Law No. 271-FZ, recognizing the payment for overhaul as mandatory for all owners, is aimed at creating a clear mechanism that will allow for the overhaul of the entire housing stock in a planned manner.
In case of inappropriate use Money collected for the overhaul of apartment buildings, the federal law No. 271-FZ provides for the following decisions:
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 capital repairs using the funds that will go to the fund according to the plan, which will include each apartment building in the constituent entity of the Russian Federation. Such lists will be compiled by local governments. The registers will be in public access, and every citizen will be able to follow the progress of the queue for repairs. Each region will set 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 someone else's. By general rule officials allow the use of collected funds from one house for the overhaul of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance in the first place, 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. At the same time, 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 capital repairs, the owners can apply to the court to protect their interests.
Video: Discussion of the law on payments for capital repairs in 2016. Is it possible to “not pay capital repairs contributions” from July 2015
Should I pay for a major home renovation in 2016?
After the entry into force of Law No. 271-FZ, owners of housing in apartment buildings will pay for major repairs. Overhaul payments are mandatory.
The amount of the monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local self-government bodies are required to create a capital repair fund and appoint a regional operator who will repair the housing stock and publish information on the state of the repaired houses on the Internet in a timely manner.
At first glance, everything is very clear, moreover, in some regions, even before the adoption of this law, the owners paid for the overhaul of residential buildings, but there are many speculations and rumors around this document about how this money will be collected and spent.
So, for example, it was not clear what fate awaits the money contributed by the tenants: whether they would put it in a separate bank account and repair only a specific house on it, or whether the authorities would create a “common boiler”, finances from which would be spent as needed.
Is there a way to avoid paying contributions for the overhaul of apartment buildings?
The law provides for three possibilities not to pay.
- You can not pay if the house is recognized as emergency.
- Because according to the new law on overhaul, the decision is made by the tenants themselves, then by a common decision the payment collection process can be stopped by collecting the required amount.
- Use as contributions the funds from the rental of non-residential premises in the house (if it is common house property) and the rental of facades of the house for advertising.
As you can see, all of the above methods are just small exceptions to the rule. True, now at the level of the Russian government the issue of exemption from payment of tenants of new buildings is being discussed.
What happens to those who don't pay?
The overhaul fee will appear on the total invoice for public utilities. However, Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional overhaul fund says that they will deal with debtors according to the scheme worked out by other communal organizations - first send them notifications, and then sue them. And the amount collected through the court will include interest and court costs. Therefore, it is better not to postpone payments and pay all contributions on time.
Is it possible to apply for a subsidy for the overhaul contribution?
Yes, there is such a possibility. The contribution is considered a payment for utility services. Therefore, if, with its advent, your payment for these services exceeds the standard for the maximum allowable share of citizens' expenses on housing and communal services, you will be entitled to apply for a subsidy.
What will happen if tenants paid contributions for repairs, and then their house is recognized as emergency?
Today it is one of the most difficult questions. According to the law, from the day the house is recognized as emergency, tenants will be exempted from contributions for overhaul. However, the funds collected in the common cauldron of the overhaul program cannot be directed to the resettlement of the house. Meanwhile, the program for the resettlement of dilapidated houses at the expense of the federal budget is calculated only until 2015.
Recently, a fraud scheme has appeared in which you can lose your housing, even if you have a certificate of ownership of the apartment in your hands (lying at home). Attackers simply enter into a contract of sale on your behalf, and the certificate is received as a duplicate.
(as amended on 06/29/2015)
» On amendments to the Housing Code Russian Federation and certain legislative acts of the Russian Federation and the invalidation of certain provisions of the legislative acts of the Russian Federation"
Federal Law No. 271-FZ of December 25, 2012
(as amended on 06/29/2015)
"On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and Recognizing as Invalid Certain Provisions of Legislative Acts of the Russian Federation"
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT CHANGES
IN THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE
LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNITION
VOID CERTAIN PROVISIONS OF LEGISLATIVE
ACTS OF THE RUSSIAN FEDERATION
State Duma
Federation Council
List of changing documents
(as amended by Federal Law No. 176-FZ of June 29, 2015)
Include in the Housing Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590; N 49, items 7027, 7061; N 50, items 7337, 7343, 7359; 2012, N 10, item 1163; N 14, item 1552; N 24, item 3072; N 26, item 3446; N 27, article 3587; N 31, article 4322) the following changes:
1) Article 2 shall be supplemented with paragraph 6.1 of the following content:
"6.1) organize the provision of timely overhaul of common property in apartment buildings at the expense of contributions from the owners of premises in such buildings for the overhaul of common property in apartment buildings, budgetary funds and other sources of funding not prohibited by law;";
2) in paragraph 1 of Article 4:
a) Clause 11 shall be supplemented with the words “including the payment of a contribution for the overhaul of common property in an apartment building (hereinafter also referred to as the contribution for overhaul)”;
b) add clause 11.1 with the following content:
"11.1) formation and use of the fund for the overhaul of common property in an apartment building (hereinafter referred to as the capital repair fund);";
3) in Article 12:
a) add paragraph 10.1 with the following content:
"10.1) determining the procedure for establishing the need for a major overhaul of common property in an apartment building;";
b) add paragraph 16.4 with the following content:
"16.4) monitoring the use of the housing stock and ensuring its safety;";
c) add paragraph 16.5 with the following content:
d) add paragraph 16.6 with the following content:
"16.6) monitoring the choice and implementation by the owners of premises in an apartment building of the method of forming a capital repair fund;";
4) Article 13 shall be supplemented with paragraph 8.2 of the following content:
"8.2) establishing minimum size contribution for capital repairs;
5) Article 19 shall be supplemented with part 6 of the following content:
“6. Monitoring of 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 the common property of the owners of premises in apartment buildings," add the words "formation of capital repairs funds", after the words "provision of public 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” shall 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, are the provisions of the said Federal Law, taking into account the specifics provided for by 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 scheduled inspections. The period of inspections is not limited. Unscheduled inspections of regional operators are carried out without the consent of the prosecution authorities and without prior notification of regional operators about such inspections.”;
7) supplement 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 own the rights to the funds held on a special account intended for transferring funds for the overhaul of common property in an apartment building and opened with a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, interest paid due to improper performance 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 premises in an apartment building in the right to funds held in a special account is proportional to the total amount of contributions for capital repairs paid by the owner of such premises and the previous owner of such premises.
3. The right of the owner of premises in an apartment building to a share of funds held in a special account follows the fate of the ownership of such premises.
4. Upon transfer of ownership of a premise in an apartment building, the share of the new owner of such premises in the right to funds held in a special account is equal to the share in the right to the said funds of the previous owner of such premises.
5. The owner of premises in an apartment building is not entitled to demand the allocation of his share of funds held in a special account.
6. When acquiring ownership of premises in an apartment building, a share in the right to funds held in a special account shall be transferred to the purchaser of such premises.
7. The terms of the agreement, according to which the transfer of ownership of the 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) clause 1 shall be supplemented with the words “on the use of the capital repair fund”;
b) add paragraph 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 exceeding its size over the established minimum contribution for capital repairs, the minimum amount of the capital repair fund in terms of exceeding its size over the established minimum size of the capital repair fund ( in the event that the law of the subject of the Russian Federation establishes the minimum amount of the capital repair fund), the choice of a person authorized to open a special account and carry out transactions with funds held on a special account;”;
c) add paragraph 1.2 with the following content:
“1.2) making decisions on the receipt by a homeowners association or a housing construction cooperative, housing cooperative or other specialized consumer cooperative, a managing organization and with the direct management of an apartment building by owners of premises in this house by a person authorized by the decision of the general meeting of such owners, a loan or loan for overhaul of common property in an apartment building, on determining the essential terms of a loan agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this credit or loan and on the conditions for obtaining the said guarantee, surety, as well as on repayment at the expense of the capital repair fund of a loan or a 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 loan or loan, payment at the expense of the capital repairs fund of the costs of obtaining the said guarantee, surety;”;
9) point 5 of part 2 of article 153 add the words "subject to the rule established by paragraph 3 of Article 169 of this Code";
10) Part 2 of Article 154 shall be stated as follows:
"2. The payment for housing and utilities for the owner of premises in an apartment building includes:
1) payment for the maintenance and repair of residential premises, including payment for services and work on the management of an apartment building, maintenance, current repairs of common property in an apartment building;
2) contribution for capital repairs;
3) utility bills.”;
11) in Article 155:
a) in Part 5, the words “current and capital” shall be replaced by the words “and current”, supplemented with the words “, including pay contributions for capital repairs in accordance with Article 171 of this Code”;
b) Part 6 shall be supplemented with the words ", including paying contributions for capital repairs in accordance with Article 171 of this Code";
c) in Part 7, the words “in the case provided for by Part 7.1 of this Article” shall be replaced by the words “cases provided for by Part 7.1 of this Article and Article 171 of this Code”;
d) Part 14 after the word “(debtors)” shall be supplemented with the words “(except for capital repairs contributions)”;
e) add part 14.1 with the following content:
“14.1. Owners of premises in an apartment building who have not paid their dues for capital repairs on time and (or) not in full are obliged to pay interest to the capital repairs fund in the amount established in the manner prescribed by part 14 of this article. The said interest shall be paid in accordance with the procedure established for the payment of contributions for capital repairs.”;
12) article 156:
a) add part 8.1 of the following content:
“8.1. The minimum amount of the contribution for capital repairs is established by the regulatory legal act of the constituent entity of the Russian Federation in accordance with the 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 total area occupied by the premises in an apartment building owned by the owner 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 storeys, the cost of overhaul of individual elements building structures and engineering systems of an apartment building, regulatory deadlines their effective operation until the next major overhaul (normative overhaul periods), as well as taking into account the list of works for the 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. The 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 a contribution established by a regulatory legal act of a constituent entity of the Russian Federation.”;
13) in Article 158:
a) Part 1 shall be supplemented with the words “and contributions for capital repairs”;
b) part 2 shall be stated as follows:
"2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.”;
c) Part 3 shall be supplemented with the words “including the obligation not fulfilled by the previous owner to pay contributions for capital repairs”;
14) in article 159:
a) in part 6, the second sentence shall be amended as follows: “The size 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 (rent) for tenants under social tenancy agreements living in residential premises located in apartment buildings, the level of amenities, the design and technical parameters of which correspond to the average conditions in the municipality, the amount of the fee used to calculate the fee for the maintenance and repair of the residential premises for the specified tenants, prices, tariffs and norms for the consumption of utility services used to calculate utility bills for the specified tenants.”, add the following sentence: “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 the fee used to calculate the maintenance fee and repair of residential premises for the indicated tenants, the minimum amount of the contribution for capital repairs (when contributions for capital repairs are paid in accordance with this Code), prices, tariffs for the resources necessary for the provision of public services, and standards for the consumption of public services used to calculate the fee for utilities for the specified tenants.”;
b) part 11 after the words "the cost of housing and communal services" shall be supplemented with 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:
"Section IX. ORGANIZATION OF MAJOR REPAIRS
COMMON PROPERTY IN APARTMENT BUILDINGS
Chapter 15. GENERAL PROVISIONS ON MAJOR REPAIRS
COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER
ITS FINANCING
Article 166
1. The list of services and (or) works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the funds of the overhaul fund, formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation , includes:
1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
2) repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator shafts;
3) repair of the roof, including the conversion of a non-ventilated roof to a ventilated roof, arrangement of exits to the roof;
4) repair of basements belonging to common property in an apartment building;
5) insulation and facade repair;
6) installation of collective (common house) metering devices for the consumption of resources necessary for the provision of public services, and control units and regulation of 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 subject of the Russian Federation lists services and (or) works for the overhaul of common property in an apartment building financed from the funds of the capital repairs fund, the amount of which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the subject of the Russian Federation Federation, may be supplemented by other types of services and (or) works.
3. If the owners of premises in an apartment building make a decision to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, the part of the capital repairs 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 the overhaul of common property in an apartment building.
4. The list of services and (or) work on the overhaul of common property in an apartment building that can be financed from 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
Organs state power of the constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring timely overhaul of common property in apartment buildings located on the territory of the constituent entity of the Russian Federation, and which:
1) the minimum amount of the contribution for the overhaul 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 activity of the regional operator is established;
4) the procedure and conditions for the provision of state support for the overhaul of common property in apartment buildings, including the provision of guarantees, guarantees for loans or loans, are approved, 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 overhaul 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 the special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of the 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 the said persons, and the procedure for providing such information;
7) the procedure for payment by the owner of a special account and (or) the regional operator of the funds of the capital repair fund to the owners of premises in an apartment building, as well as the procedure for using the funds of the capital repair fund for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;
The procedure for exercising control over the targeted spending of funds generated from contributions for capital repairs and ensuring the safety of these funds is established.
Article 168
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 in order to plan and organize the overhaul of common property in apartment buildings, plan the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for major repairs).
2. The regional program for the overhaul of common property in multi-apartment buildings (hereinafter referred to as the regional overhaul program) is formed for the period necessary for the overhaul of common property in all multi-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 as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation;
2) a list of services and (or) works for the overhaul of common property in apartment buildings;
3) the planned year for the overhaul of common property in apartment buildings;
4) other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.
3. The sequence of capital repairs of common property in apartment buildings is determined in the regional capital repairs program based on the criteria established by the law of the constituent entity of the Russian Federation and can be differentiated by municipalities. As a matter of priority, the regional overhaul program should provide for the overhaul of:
1) common property in multi-apartment buildings in which major repairs were required on the date of privatization of the first residential premises, provided that such major repairs were not carried out as of the date of approval or updating of the regional major repairs program;
2) apartment buildings, the overhaul of which is required in order to establish the need for a major overhaul of common property in an apartment building, approved by the Government of the Russian Federation.
4. Changes to the regional overhaul program to transfer due date overhaul of common property in an apartment building for a later period, reduction of the list of planned types of services and (or) work on overhaul of common property in an apartment building is not allowed, unless the owners of the premises in this apartment building make an appropriate decision.
5. The regional overhaul program is subject to updating at least once a year.
6. The procedure for the preparation and approval of regional programs for capital repairs and the 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, to specify the timing of the overhaul of common property in apartment buildings, to clarify the planned types of services and (or) work on the overhaul of common property in apartment buildings, to determine the types and volume of state support, municipal support for capital repairs public authorities of a constituent entity of the Russian Federation, local governments are required to approve short-term (up to three years) plans for the implementation of a regional capital repair program in the manner prescribed by a regulatory legal act of a constituent entity of the Russian Federation.
Article 169
1. The owners of premises in an apartment building are obliged to pay monthly contributions for the overhaul of common property in an apartment building, except for the cases provided for by 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 relevant decision is made by the general meeting of owners of premises in an apartment building, larger size.
2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation, as well as in the event that an executive body of state power or a local self-government body decides to withdraw a land plot for state or municipal needs, 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 constituent entity of the Russian Federation or a municipality. The owners of premises in an apartment building are exempted 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 major repairs arises for the owners of premises in an apartment building after four calendar months, if more than early term not established by the law of the subject of the Russian Federation, starting from the month following the month in which the approved regional capital repair program was officially published, which includes this apartment building.
4. Income from the transfer for use of objects of common property in an apartment building, funds of a homeowners association, including income from the economic activities of a homeowners association, may be directed by the decision of the owners of premises in an apartment building, by the decision of members of the homeowners association adopted in accordance with by this Code, the charter of a homeowners association, for the formation of a capital repair fund in order to fulfill the obligation of the owners of premises in an apartment building to pay contributions for capital repairs.
Article 170
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 their obligation to pay contributions for capital repairs, interest accrued for the use of funds held on 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 at the expense of the capital repair fund in payment for the cost of services rendered and (or) work performed on the capital repair of common property in an apartment building and advance payments for the specified services and (or) works.
3. The owners of premises in an apartment building have the right to choose one of the following ways to form 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 on a special account (hereinafter - the formation of a capital repair fund on 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 obligations of owners of premises in an apartment building in relation to the regional operator (hereinafter - 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 the capital repair fund on a special account as a method of forming the capital repair fund, the decision of the general meeting of owners of premises in an apartment building must determine:
1) the amount of the monthly contribution for capital repairs, which must not be less than the minimum contribution for capital repairs established by a regulatory legal act of a constituent entity of the Russian Federation;
2) - 3) have become invalid. - Federal Law of June 29, 2015 N 176-FZ;
4) the holder of a special account;
5) a credit institution in which a special account will be opened. If a regional operator is designated 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 subject 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 if 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 is opened, is considered transferred to the discretion of the regional operator.
5. The decision to determine the method of forming the 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 not more than within two months after the official publication of the the order of the regional capital repair program, which includes an apartment building, in respect of which the issue of choosing the method of forming its capital repair fund is being decided. In order to implement the decision to form a capital repair fund on 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 issued this decision.
6. Not later than one month before the expiration of the period established by part 5 of this article, the local government convenes a general meeting of owners of premises in an apartment building to decide on the choice of a method for forming a capital repair fund, if such a decision has not been made earlier.
7. In the event that the owners of premises in an apartment building did not choose the method of forming the capital repair fund within the period established by part 5 of this article or the method chosen by them was not implemented within the period established by part 5 of this article, and in cases provided for by part 7 of the article 189 of this Code, the local government decides 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 the subject of the Russian Federation may establish the minimum amount of capital repairs funds in relation to apartment buildings, the owners of premises in which form these funds on special accounts. The owners of premises in an apartment building have the right to set the amount of the overhaul fund for their home in an amount greater than the established minimum amount of the overhaul fund. Upon reaching the minimum 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 capital repairs contributions, with the exception of owners who are in arrears in paying these contributions.
Article 171
1. In the event 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 capital repairs on the basis of payment documents submitted by the regional operator, within the time limits established for making payments for housing and utilities, unless otherwise provided by law subject of the Russian Federation.
2. In the event of the formation of a capital repair fund on a special account opened in the name of the person specified in paragraph 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for making payments for housing and communal services.
Article 172. Control over the formation of the capital repair fund
1. The owner of a special account, within five working days from the date of opening a special account, is obliged to submit to the state housing supervision body a notification on the method of formation of the capital repair fund chosen by the owners of the premises in the relevant apartment building, attaching a copy of the minutes of the general meeting of owners of the premises in this apartment building on acceptance decisions provided for by parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise provided by the law of the subject of the Russian Federation.
2. The regional operator is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, provided by the law of the constituent entity of the Russian Federation, information on apartment buildings, the owners of premises in which form 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 body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the receipt of contributions for major repairs from the owners of premises in an apartment building, on the amount of the balance of funds on the special account.
4. The state housing supervision body maintains a register of notifications specified in paragraph 1 of this article, a register of special accounts, informs the local government and the regional operator about multi-apartment buildings, the owners of the premises in which have not chosen the method of forming capital repairs funds and (or) have not implemented it .
5. The body of state housing supervision provides the information specified in parts 1 - 4 of this article, in federal agency executive power, which performs 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, in the manner established by this federal body.
Article 173
1. The method of formation of the capital repair fund may be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.
2. In the event that a credit, loan has been granted and not repaid for the overhaul of common property in an apartment building, or there is a debt payable at the expense of the capital repair fund for payment for the services rendered and (or) work performed on the overhaul of common property in an apartment building , a change in the method of forming the capital repair fund in relation to this apartment building is allowed 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 formation of the 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 the capital repair fund within five working days after the adoption of such a decision is sent to the owner of a special account to which contributions for the capital repairs of common property in such an apartment building are transferred, or to the regional operator, to account to which these payments are made.
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 shall enter 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 paragraph 4 of this article, if a shorter period not established by the law of the constituent entity 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 entry into force of this decision, the regional operator transfers the funds of the capital repairs 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 shall enter 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 paragraph 2 of this article. Within five days after the entry into force of the said decision, the owner of the special account transfers the funds of the capital repairs fund to the account of the regional operator.
Article 174
1. Funds from the capital repair fund may be used to pay for services and (or) work on capital repairs of common property in an apartment building, development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction services control, repayment of credits, loans received and used in order to pay for the specified services, works, as well as to pay interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits, loans. At the same time, at the expense of the overhaul fund, within the amount formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for by Part 1 of Article 166 of this Code and the work provided for by the law of the subject may be financed. Russian Federation, repayment of credits, loans received and used to pay for these works, and payment of interest for the use of these credits, loans.
2. If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of 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 premises in this apartment building, and in case of withdrawal for 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 municipality, the funds of the capital repairs fund are distributed between the owners of premises in this multi-apartment building in proportion to the amount of contributions paid by them for capital repairs and contributions for capital repairs paid by the previous owners of the respective premises.
Chapter 16. FORMATION OF THE CAPITAL REPAIR FUND
ON A SPECIAL ACCOUNT
Article 175. Special account
1. A special account is opened with 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 shall be used for the purposes specified in Article 174 of this Code.
2. The owner of a special account may be:
1) an association of homeowners that manages an apartment building and has been established by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which is not more than thirty in total, 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 owners of premises in these houses;
2) a housing cooperative or other specialized consumer cooperative that manages an apartment building.
3. The owners of premises in an apartment building have the right to decide on the choice of a regional operator as the owner of a special account.
4. The owners of premises in an apartment building have the right to form a capital repair fund on only one special account. On a special account, funds from the overhaul fund of owners of premises in only one apartment building can be accumulated.
5. The special account agreement is open-ended.
6. Funds held in a special account cannot be levied on the obligations of the owner of this account, with the exception of obligations arising from contracts 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) the performance of work on the overhaul of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in an apartment building to carry out a major overhaul or on another legal basis.
Article 176. Peculiarities 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 clause 1.1 of part 2 of Article 44 of this Code, and other documents, prescribed by banking rules.
2. A special account may be opened with Russian credit institutions whose own funds (capital) amount to at least twenty billion rubles. The Central Bank of the Russian Federation quarterly publishes information on credit institutions that meet the requirements established by this part on its official website on the Internet.
3. The special account agreement may be terminated at the request of the owner of the special account if there is a decision of the general meeting of owners of premises in an apartment building, drawn up in the minutes, to change the method of forming the capital repair fund, to replace the owner of the special account or a credit institution, provided that there is no outstanding debt on the received in this a credit institution for a loan for the overhaul of common property in an apartment building.
4. The balance of funds upon closing a special account is transferred at the request of the owner of a special account:
1) to the account of the regional operator in case of a change in the method of formation of the capital repair fund;
2) to another special account in case of replacement of the owner of the special account or a credit institution based on the decision of the general meeting of owners of premises in the relevant 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. In the event that the special account holder does not terminate the special account agreement or does not submit an application for transferring the balance of funds on the special account to the account of the 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 time period established of this part, any owner of premises in an apartment building, and in the case provided for by clause 1 of part 4 of this article, also a regional operator has the right to apply to the court for the recovery of funds on a special account of this apartment building, transferring them to another special account or to the account of the regional operator.
Article 177. Operations on a special account
1. The following operations can be performed on a special account:
1) write-off of funds related to settlements for services rendered and (or) work performed on the overhaul of common property in an apartment building and settlements for other services and (or) works 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) works 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 guarantees for such credits , loans;
3) in the event of a change of a special account, the transfer of funds held on this special account to another special account and crediting to this special account of funds debited from another special account, based on the decision of the owners of premises in an apartment building;
4) in the event of a change in the method of formation of the capital repair fund, the transfer of funds to the account of the regional operator and the 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, accrual of interest for improper performance of the obligation to pay such contributions;
6) accrual of interest for the use of funds and write-off of commission in accordance with the terms of the special account agreement;
7) transfer of funds held on this special account in the cases provided for by paragraph 2 of Article 174 of this Code;
Other operations for debiting and crediting funds related to the formation and use of funds from the overhaul fund in accordance with this Code.
2. Operations on a special account that are not provided for by part 1 of this article are not allowed.
3. The bank, in accordance with the procedure established by this article, banking rules and the special account agreement, is obliged to ensure that the operations carried out on the special account comply with the requirements of this Code.
4. Operations to transfer funds from a special account may be carried out by a bank at the direction of the owner of a special account to persons providing services and (or) performing work on the overhaul of common property in an apartment building, upon submission of the following documents:
1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such a meeting on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;
2) an agreement on the provision of services and (or) on the performance of work on the overhaul of common property in an apartment building;
3) an act of acceptance of the services rendered 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 operation to pay an advance payment for the provision of services and (or) performance of work in the amount of not 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 debit funds from a special account to repay loans, loans and to pay interest on loans, loans received for the overhaul of common property in an apartment building may be carried out by the bank at the direction of the owner of the special account on the basis of:
1) the minutes of the general meeting of owners of premises in an apartment building containing the decision of such a meeting on the conclusion of a loan agreement, a loan agreement, respectively, with a bank, lender, indicating this bank, lender, the amount and purpose of the loan, loan;
2) credit agreement, loan agreement.
6. The bank refuses to execute the order of the owner of the special account on the performance of the relevant operation, in confirmation of which the documents specified in parts 4 and 5 of this article are not submitted.
7. The bank in which the special account is opened and the owner of the special account shall provide, at the request of any owner of premises in an apartment building, information on the amount of payments credited to the account of the owners of all premises in an apartment building, on the balance of funds on a special account, on all operations on this special account.
Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS
REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL
OF THE OPERATOR FOR FINANCING THE MAJOR REPAIRS OF THE GENERAL
PROPERTY IN APARTMENT BUILDINGS
Article 178. Legal status of a regional operator
1. A regional operator is a legal entity established in the organizational and legal form of a fund.
2. A regional operator is created by a constituent entity of the Russian Federation, and it may create several regional operators, each of which operates on a part of the territory of such a constituent entity 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 is not entitled to create branches and open representative offices, as well as create commercial and non-commercial organizations, participate in authorized capitals economic companies, property of other commercial and non-commercial organizations.
5. Losses inflicted on owners of premises in multi-apartment buildings as a result of the regional operator's failure to perform or improper performance of its obligations arising from contracts concluded with such owners in accordance with this Code and the laws of the subject of the Russian Federation adopted in accordance with it, are subject to compensation in the amount of the paid contributions for major repairs in accordance with civil law.
6. The subject of the Russian Federation bears subsidiary liability for non-fulfillment 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 guidelines 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 performs 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 a regional operator
1. The property of a regional operator is formed at the expense of:
1) contributions of the founder;
2) payments by owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator;
3) other sources not prohibited by law.
2. The property of a regional operator is used to perform its functions in the manner prescribed by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the subject of the Russian Federation and other regulatory legal acts of the subject of the Russian Federation.
3. Funds received by the regional operator from the owners of premises in multi-apartment buildings that form capital repair funds on the account, accounts of the regional operator, can only be used to finance the cost of capital repairs of common property in these multi-apartment buildings. The use of these funds for other purposes, including the payment of administrative and economic expenses of the regional operator, is not allowed.
4. The funds received by the regional operator from the owners of premises in some multi-apartment buildings, which form capital repairs funds on the account, accounts of the regional operator, can be used on a repayable basis to finance the overhaul of common property in other multi-apartment buildings, the owners of premises in which also form funds overhaul on the account, accounts of the same regional operator. At the same time, the law of the subject of the Russian Federation may establish that such use of funds is allowed only if the said apartment buildings are located on the territory of a particular municipality or on the territories of several municipalities.
Article 180. Functions of a regional operator
1. The functions of the regional operator are:
1) accumulation of capital repairs contributions paid by the owners of premises in apartment buildings, in respect of which capital repairs funds are formed on the account, accounts of the regional operator;
2) opening special accounts in their own name and making transactions on these accounts in the event that the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator is not entitled to refuse the owners of premises in an apartment building to open such an account in his name;
3) implementation of the functions of a technical customer of work on the overhaul of common property in apartment buildings, the owners of premises in which form overhaul funds on the account, accounts of the regional operator;
4) financing of expenses for the overhaul of common property in multi-apartment buildings, the owners of the premises in which form overhaul funds on the account, accounts of the regional operator, within the funds of these capital overhaul funds, with the involvement, if necessary, of funds received from other sources, including from the budget of the subject of the Russian Federation and (or) the local budget;
5) interaction with state authorities of the subject of the Russian Federation and local governments in order to ensure timely overhaul of common property in apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator;
6) other stipulated by this Code, the law of the subject of the Russian Federation and founding documents regional function operator.
2. The procedure for the performance by a regional operator of its functions, including the procedure for financing the overhaul of common property in apartment buildings, carried out by it, is established by the law of the subject 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 to form 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 by 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 a major overhaul in the manner prescribed 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 the premises in this apartment building, act as one side of the contract being concluded.
2. Under an agreement on the formation of a capital repair fund and on the organization of a capital repair, the owner of the premises in an apartment building on a monthly basis, within the time limits established in accordance with Article 171 of this Code and in full, undertakes to make contributions to the account of the regional operator for capital repairs, and the regional operator undertakes to ensure the overhaul of the common property in this apartment building within the time frame determined by the regional capital repair program, financing of such a major overhaul and, in the 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 by Part 7 of Article 170 of this Code, the regional operator, within ten days after the decision by the local government body to form a capital repair fund in relation to an apartment building, on the account of the regional operator, must send to the owners of premises in this apartment building and (or) to persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of capital repairs of common property in this apartment building.
4. If prior to the deadline set by the regional overhaul program for the overhaul of common property in an apartment building, separate work was completed on the overhaul of common property in this apartment building, provided for by the regional overhaul program, payment for these works was carried out without using budgetary funds. funds and means of the regional operator, and at the same time, in order to establish the need for a major overhaul of common property in an apartment building, the re-performance of these works within the time period established by the regional capital overhaul program is not required, funds in the amount equal to the cost of these works, but not more than the amount the marginal cost of these works, determined in accordance with Part 4 of Article 190 of this Code, are counted in the manner prescribed by the law of the subject of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for major repairs by the owners of premises in apartment buildings that form capital repairs funds for account, regional operator accounts.
Article 182
1. The regional operator shall ensure the overhaul of the common property in an apartment building, the owners of the premises in which form the capital repair fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital overhaul program, and financing the overhaul of the common property in the apartment building, including in case of insufficiency of the funds of the capital repair fund, at the expense of funds received from payments from owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget of the constituent entity of the Russian Federation and (or ) local budget.
2. In order to ensure the performance of work on the overhaul of common property in an apartment building, the regional operator is obliged to:
1) within the time limits provided for by paragraph 3 of Article 189 of this Code, prepare and send proposals to the owners of premises in an apartment building on the start date for major repairs, required list and on the scope of services and (or) work, their cost, on the procedure and sources of financing for the overhaul of common property in an apartment building and other proposals related to such overhaul;
2) ensure the preparation of assignments for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of project documentation for major repairs, approve the project documentation, be responsible for its quality and compliance with the requirements of technical regulations, standards and other normative documents;
3) engage contractors to provide services and (or) perform major repairs, conclude relevant contracts with them on their 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) works with the requirements of project documentation;
5) carry out acceptance of the work performed;
6) bear other obligations stipulated by the agreement on the formation of the overhaul fund and on the organization of the overhaul.
3. To perform work requiring a certificate of admission to work that affects the safety of capital construction projects, issued by a self-regulatory organization, the regional operator is obliged to involve in the performance of such work individual entrepreneur or entity who have 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 form capital repairs funds on the account, accounts of the regional operator, can be carried out by local governments and (or) municipal budget institutions based on the relevant agreement concluded with the regional operator.
5. The procedure for engagement by a regional operator, including in the cases provided for by part 3 of this article, by local governments, municipal budgetary institutions of contracting organizations for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is established by the constituent entity of the Russian Federation.
6. The regional operator to the owners of premises in an apartment building who form a capital repair fund on the account of a regional operator is liable 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 for overhaul by contractors engaged by the regional operator.
7. Reimbursement to the regional operator of funds spent on capital repairs of common property in an apartment building in an amount exceeding the amount of the capital repairs fund is carried out at the expense of subsequent contributions for capital repairs of the owners of premises in this apartment building.
Article 183. Accounting for capital repairs by a regional operator
1. The regional operator keeps records of the funds received to the account, the account of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings, which form the overhaul funds on the account, accounts of the regional operator (hereinafter referred to as the capital repair fund accounting system). Such accounting is kept separately in relation to the funds of each owner of premises in an apartment building. Such records may be maintained electronically.
2. The accounting system for capital repairs funds includes, in particular, information on:
1) the amount of accrued and paid contributions for capital repairs by each owner of premises in an apartment building, debts for their payment, as well as the amount of interest paid;
2) the amount of funds allocated by the regional operator for the overhaul of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on the overhaul of common property in an apartment building;
3) the amount of debt for the services rendered and (or) work performed on the overhaul of common property in an apartment building.
3. The regional operator, upon request, provides the information provided for in paragraph 2 of this article to the owners of premises in an apartment building, as well as to the person responsible for managing this apartment building (a homeowners association, housing cooperative or other specialized consumer cooperative, managing organization), and in the direct management of an apartment building by the owners of premises in this apartment building to a person specified in paragraph 3 of Article 164 of this Code.
Article 184
If an apartment building is recognized as emergency 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 prescribed by the regulatory legal act of the constituent entity of the Russian Federation. In case of withdrawal for state or municipal needs of a land plot on which an 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 municipality, the regional operator in in the manner established by a regulatory legal act of a constituent entity of the Russian Federation, is obliged to pay the capital repair fund to the owners of premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and the amounts of these contributions paid by the previous owners of the relevant 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 withdrawn residential premises and other rights provided for by Article 32 of this Code.
Article 185
1. The requirements for ensuring the financial stability of the activities of a regional operator are established by this article and the law of the subject of the Russian Federation.
2. The amount of funds that the regional operator has the right to spend annually to finance the regional capital repair program (the amount of funds provided at the expense of capital repair funds formed by the owners of premises in apartment buildings, the common property in which is subject to major repairs in the future period) is determined as share of the amount of contributions for capital repairs received by the regional operator for the previous year. In this case, the size of the specified share is established by the law of the subject of the Russian Federation.
3. Additional requirements for ensuring the financial stability 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 the regional operator with the established requirements is carried out by the authorized executive body of the subject of the Russian Federation in the manner established by the highest executive body of state power of the subject of the Russian Federation.
2. The federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:
1) exercise 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, accounts of the regional operator;
2) sends to the regional operator submissions and (or) orders to eliminate the identified violations of the requirements of the legislation of the Russian Federation.
3. Bodies of state financial control of the subjects of the Russian Federation and bodies of municipal financial control of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the subjects of the Russian Federation and municipalities exercise financial control over the use by the regional operator of the funds of the relevant budgets in the manner established by the budget legislation Russian Federation.
Article 187. Reporting and audit of a regional operator
2. The adoption of a decision to conduct an audit, approval of an agreement with an audit organization (auditor) are carried out in accordance with the procedure 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, accounts 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 responsible for the development and implementation of state policy and legal regulation in the field of socio-economic development 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, and a supervisory authority.
4. The annual report of the regional operator and the auditor's report are posted on the website in the information and telecommunications network "Internet", 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
1. The overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, with the exception of cases provided for by paragraph 6 of this article.
2. The owners of premises in an apartment building at any time have the right to make a decision to carry out a major overhaul of common property in an apartment building at the suggestion of a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building, regional operator or on their own initiative.
3. At least six months (unless a different period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which a major overhaul of the common property in an apartment building must be carried out in accordance with the regional overhaul program, the person who manages apartment building or the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of a regional operator) submits proposals to such owners on the start date overhaul, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for the overhaul of common property in an apartment building and other proposals related to such a major overhaul.
4. The owners of premises in an apartment building no later than three months from the date of receipt of the proposals specified in paragraph 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 take a decision at the general meeting in in accordance with paragraph 5 of this article.
5. By decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:
1) a list of major repairs;
2) cost estimate for major repairs;
3) the timing of the overhaul;
4) sources of financing for capital repairs.
6. If, within the period specified in paragraph 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 made a decision to carry out a major overhaul of the common property in this apartment building, the local government body makes a decision on carrying out such a major overhaul in accordance with the regional overhaul program and the proposals of the regional operator.
7. In the event that the overhaul of common property in an apartment building, the owners of the premises in which form the overhaul fund on a special account, is not carried out within the time period provided for by the regional overhaul program, and at the same time, in accordance with the procedure for establishing the need for overhaul of the general property in an apartment building requires the performance of any type of work provided for this apartment building by the regional capital repair program, the local government decides on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3-6 of this article. In the event that the owner of a special account has not transferred the funds on the special account to the account of the regional operator within the time period established by this part, the regional operator, any owner of premises in an apartment building, a local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator.
Article 190
1. The regional operator provides financing for the overhaul of common property in an apartment building, the owners of the premises in which form a capital overhaul fund on the account of the regional operator.
2. The basis for the transfer by the regional operator of funds under a contract for the provision of services and (or) performance of work on the overhaul of common property in an apartment building is an act of acceptance of the work performed (except for the case specified in part 3 of this article). Such an acceptance act must be agreed with the local government, as well as with a person who is authorized to act on behalf of the owners of premises in an apartment building (in the event that a major overhaul of common property in an apartment building is 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 relevant type of work on the overhaul of common property in an apartment building, including work on the development of project documentation or certain types work on the overhaul of common property in an apartment building.
4. The amount of the marginal cost of services and (or) work on capital repairs of common property in an apartment building, which can be paid by the regional operator at the expense of the capital repairs fund, formed on the basis of the minimum contribution for capital repairs, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this marginal cost, as well as payment for services and (or) works 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 as a capital repair contribution in excess of the minimum capital repair contribution.
Article 191
1. Funding for the overhaul of common property in multi-apartment buildings may be carried out using financial support measures provided to homeowners associations, housing, housing construction cooperatives or other specialized consumer cooperatives established in accordance with the Housing Code of the Russian Federation, management organizations, regional operators at the expense of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the terms provided for, respectively, by federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.
2. Measures of state support, municipal support for capital repairs within the framework of the implementation of regional programs for capital repairs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund.
Subparagraph 61 of paragraph 2 of Article 26.3 Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1999, N 42, Art. 5005; 2003, N 27, Art. 2709; 2005, N 1, item 17, 25; 2006, N 1, item 10; N 23, item 2380; N 30, item 3287; N 31, item 3452; N 44, item 4537 ; N 50, item 5279; 2007, N 1, item 21; N 13, item 1464; N 21, item 2455; N 30, item 3747, 3805, 3808; N 43, item 5084; N 46, item 5553; 2008, N 29, item 3418; N 30, item 3613, 3616; N 48, item 5516; N 52, item 6236; 2009, N 48, item 5711; N 51, 6163; 2010, N 15, item 1736; N 31, item 4160; N 41, item 5190; N 46, item 5918; N 47, item 6030, 6031; N 49, item 6409; N 52, item 6984; 2011, N 17, item 2310; N 27, item 3881; N 29, item 4283; N 30, item 4572, 4590, 4594; N 48, item 6727, 6732; No. 49, article 7039, 7042; No. 50, article 7359; 2012, No. 10, article 1158, 1163; No. 18, article 2126; No. 31, article 4326; Russian newspaper, 2012, December 7) add the words "regulating relations in the field of ensuring the overhaul of common property in apartment buildings."
1) subparagraph 30 of paragraph 3 of Article 149 add the words ", the implementation of works (services) to perform the functions of a technical customer for the overhaul of common property in apartment buildings, performed (rendered) by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, as well as local governments 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 established to meet the needs of citizens in housing and responsible for maintaining in-house engineering systems, with the use of which utility services are provided, for the formation of a reserve to carry out current and major repairs of common property in apartment buildings, including the formation of funds for the overhaul 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 created in accordance with the Housing Code of the Russian Federation, to form 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 of the following content:
“in the form of budget funds allocated for equity financing of the overhaul 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 established and managing apartment buildings in accordance with Housing Code of the Russian Federation, managing organizations, as well as in the direct management of apartment buildings by owners of premises in such buildings - managing organizations that provide services and (or) perform work on the maintenance and repair of common property in such houses; ”;
b) paragraphs six - twentieth to be considered paragraphs seven - twenty-first, respectively;
V) paragraph twenty one consider paragraph twenty-two and after the words “managing organizations” add 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 are created in accordance with the Housing Code of the Russian Federation, ". Fraud in shared construction In the real estate under construction market, […]
home maintenance process big amount apartments has a lot of sides, each of which deserves separate consideration. Civil servants with enviable regularity collect contributions for repairs (current and major) from apartment owners.
In most cases, this amount is simply included in the utility bill, highlighted as a separate line. Not everyone thoroughly studies the information from the payment receipt before depositing funds to the settlement account of the management company, so they may not notice such a contribution.
Others notice a line dedicated to repairs. It indicates the amount to be paid, but they have no idea what they will be repairing and who will do it. Let us consider in more detail the definition of a major overhaul of a comfortable home. In our country, there is a practice of paying for many public services on the principle of "with the world on a string."
And taxpayers do not always know for sure that:
- Excise taxes on purchased tobacco or alcohol are sent to the federal treasury and used for the benefit of the people.
- The transport tax, which is paid by all car owners, goes to the creation of modern highways and the repair of existing ones.
A similar situation is developing in the field of housing and communal services. The leadership of this organization came up with and implemented a fairly well-functioning scheme. Overhaul requires large financial costs, which cannot be avoided. If it is not produced or delayed with deadlines, then equipment, communications and even building structures may fail.
No one is immune from such situations, because not all of them occur on schedule or signal the necessary intervention. However, in the absence of a major overhaul, there is a real threat to the life and health of people living in an apartment building. If it is carried out for each house built only at the expense of budgetary funds, then this can lead to negative consequences:
- An increase in other types of taxes to cover budget expenditures.
- Budget exhaustion and deficit.
To solve this problem, the management of housing and communal services, together with legislators, created a simple circuit:
once a year (or other calculated period of time), each owner of housing in an apartment building is obliged to pay the next line in the receipt for housing and communal services. At the moment they are about 500 rubles.
The creators of the law believe that such a fee will not be a burden to homeowners. In addition, all this money will be targeted and will go exclusively to the overhaul of your home. Eventually major overhaul will come from two sources: contributions from apartment owners and the federal budget.
Distinctive features of the overhaul
A large number of citizens of our country want to understand what specific work their hard-earned money will go to. Based on the name, it follows that overhaul is expensive, important and complex work. But what are the differences between current and overhaul?
To better understand the difference, it is worth considering the main points current repair. The latter is carried out by housing and communal services workers as needed. Maintenance is carried out in case of emergencies or equipment failure. But the differences are noticeable in the list possible works. Current repairs include the following activities:
- Painting of the facade of an apartment building and places common use(this includes the entrance, vestibule, etc.).
- Partial restoration of the foundation, roof and other structures.
- Replacement of burnt out and stolen light bulbs in public places on the territory of the house.
- mending entrance group and installation of access control devices: intercom, lock with a code. Repair of springs, closers, door handles and other elements.
- The main works are carried out in order of priority. The list of works on the overhaul of apartment buildings includes:
- Thorough analysis of the state of the foundation, roofing and facade cladding of a multi-storey building.
- Detailed inspection and diagnosis of all communications in the apartments of residents and common houses.
- Works on the installation and maintenance of metering devices for the consumption of housing and communal services at the level of the whole house.
- Thermal insulation measures, which include the repair of the facade of a high-rise building.
How to change this list
The presented list gives a clear picture of the fact that during a major overhaul, utilities must approach all issues thoroughly. Before starting work, diagnostics and analysis of the information received are carried out. This highlights the need for regular implementation.
Published laws allow apartment owners to edit this list, or rather supplement it with arbitrary services. But do not forget that they will be carried out out of your pocket, so you should approach its compilation responsibly and thoughtfully. With an increase in the number of services provided as part of the overhaul, the amount of regular contributions will also increase.
Inclusion in the list of additional services occurs exclusively at the general meeting 
owners through voting. It makes sense to expand the list when there is a need to improve one of the important systems at home (security, fire, etc.). Representatives of the management company or HOA have the right to put to a vote the issue of including the following services:
- Completion of the entrance door by installing the latest model of intercom or video intercom.
- Installation of a video surveillance system in the entrance and common areas on the territory of a high-rise building.
- Replacement of obsolete doors and fire or disorder alarm systems.
Principles for calculating a regular payment for the overhaul of a multi-storey building
The legislation unambiguously interprets a simple rule that the size of the annual payment for the formation of a general fund for the overhaul of a building cannot be less than the indicated amount. In 2015, this value does not exceed 100 rubles per resident. But at a general meeting of apartment owners, a decision can be made to increase total amount sponsoring work. Then the amount of the contribution for each tenant will be calculated based on the total number of apartments in the high-rise building.
As a basic rule of fundraising, the amount of contributions is not affected by the number of registered or living people. All neighbors will pay equally. However, in individual constituent entities of the Russian Federation, the calculation may be different. The entire amount is divided not by the number of apartments in the house, but by the number of adults registered at this address.
As planned, contributions should be monthly instead of annual, and their amount is determined by the authorities of each individual region of Russia. The most up-to-date and reliable information is on the official website of the Regional Capital Improvement Fund. There are also links to laws that regulate the rights and obligations of residents.
Residents of Russia have only 2 reasons to avoid payments on this line in the receipt:
- Establishing the fact that the apartment building is in disrepair and will soon be demolished.
- If there is a decision to transfer the land under the house to the disposal of the city authorities. This fact also entitles you to receive all deposited funds back to your account.
- Russians whose income does not exceed the subsistence level also have privileges. If they have subsidies for housing and communal services, they will increase in proportion to the amount of payments for overhaul. This is how the state treats people with a difficult financial situation.
- When buying a home, for which there is a debt to pay for housing and communal services and contributions for major repairs, the debts are transferred to the new owner. It is worth remembering that the amount of payments for this service varies from year to year, so you should occasionally look into the Housing Complex for fresh data.
It becomes clear that major repairs include almost all types of work to improve the condition of common property. It can be concluded that the amounts deposited into the general account do not go into oblivion, but will return to us in the form of specific services rendered that will help make life in an apartment building more comfortable and confident. If you have any questions or concerns, please contact the Department of Capital Improvements in your area.
Repair work is a mandatory maintenance measure for any home. Maintaining the basic structure, communications and finishes in good condition allows you to use the house for a long time in accordance with its operational purpose. At the same time, the formats repair work may be different. They determine the timing, lists of work activities, costs, safety standards, etc. The fundamental difference between current repairs and major repairs, which is expressed both in approaches to organizing processes, and in the complexity of the operations performed.
Current repair definition
In accordance with the regulatory definition, current repairs are recognized as measures that are aimed at timely and systematic protection of the serviced object from damage and malfunctions. Under the object this case industrial buildings, communication networks, structures and residential buildings are meant. In other words, the current repair of the house is a list preventive measures, focused on the repair of certain structures in the form of elements that form building objects.
In modern editions of the standards, it is emphasized that technical measures are aimed precisely at eliminating existing malfunctions. But when developing a project for an event, work may well be added that aims to strengthen workable elements. For example, preventive maintenance work may include reinforcing roof trusses, installing patches, installing protective frames on foundations and walls. Such solutions in the future eliminate the formation of new damage and destructive processes.
Overhaul Definition
Overhaul means the restoration or complete replacement of building structures, as well as engineering equipment with communications. In practice, a major overhaul of a house can be expressed in the complete or partial renewal of the appearance of the house, its internal arrangement and carrying out modernization. At the same time, there are restrictions that do not allow performers to completely eliminate the main structures - at least in cases where such work is contrary to the life of the house. That is, if the structure can be operated for 20-30 years, then it cannot be updated without obvious signs of destruction during repairs.
In essence, during the overhaul, the consequences of the functional or physical deterioration of objects are eliminated. Therefore, large-scale work is often carried out to upgrade engineering equipment and carriers with sections. In this context, the following difference between the current repair and the overhaul can be noted: if in the first case we are talking about working with local damage and breakdowns, then in the second, complex operations are performed that affect several interconnected elements.
Differences by type of work
Technical operations during current repairs include repair, replacement, correction of structures, laying of cladding, planning adjoining territory etc. The service team can replace individual elements of plumbing, restore a partially destroyed wall, or renew flooring. That is, these are works that do not involve radical intervention in the structure and most often manifest themselves in the elimination of obvious external problems. At the same time, the norms of current and overhaul may overlap in the lists of works. For example, water supply, sewerage, and water supply in general, as objects, can be classified as current repair measures in the sense that, in order to restore working capacity, the contractor can update their elements up to risers and pumping units. But overhaul also takes on the same area, since engineering networks and communications are allotted to it - another thing is that in projects we can talk about systemic restoration of the working capacity of channels with a complete replacement of the infrastructure.
Funding difference
Differences in the organization and payment of repair activities are determined by the type of facility. The house can be private and multi-family. In the first case, both capital and current repair measures are fully assigned to the owner. He is responsible for organizing and financing the renovation. However, this does not exclude the possibility of construction company, which, again, for a fee will take over Maintenance houses of any complexity. If the matter concerns common property, then the difference between the current repair and the overhaul will be in the amount of payment. In each case, the amount of contributions is calculated individually - based on the condition of the house, region and other factors. Directly the organization and implementation of repair activities is assigned to the management company.
The difference in timing
The need for current repairs, for obvious reasons, arises much more often than in the organization of major repairs. Therefore, the format of local technical operations is applied once every 3-6 months. But this is a conditional time range, since premature repairs of the building may be required if, for example, an accident occurs. It is important to emphasize that adjustments to the work schedule, as well as their list, can be changed by the residents of the house at a general meeting.
As for the overhaul, it is carried out every 3-5 years. In this case, the meeting of owners may also postpone the deadlines, if there are good reasons for that. The main difference between the current repair and the overhaul in this part is that when performing large-scale operations to update or replace the structures, the residents of the house must be notified in advance. This applies specifically to the overhaul, and current local events may even take place without informing.
Differences between overhaul and reconstruction
Often, the term reconstruction is introduced into the concept of overhaul, and sometimes current repair. From a technical point of view, such mixing may be fair - during reconstruction, work of the same complexity and in the same areas can be carried out. But the tasks of reconstruction are fundamentally different. For the current repair, the goal is to correct specific problems and damages, and the overhaul aims to eliminate systemic violations in the building structure - this is its content. Both current repairs and capital repairs are carried out to ensure that the building at least regains its previous condition with basic reliability and safety. In turn, reconstruction using the same technical tools is carried out in order to change the parameters of the building, even if it is currently in an optimal condition for operation.
Other nuances in the differences
The difficulty in distinguishing between the two formats for performing repairs lies in the fact that between them there are still no clear boundaries. For example, there is the concept of selective overhaul, which is aimed at partial replacement of building structures. But even within the framework of ongoing repair operations, it is possible to carry out such events. In addition, a comprehensive repair of a building in practice can include entire layers of operations, which are directly designated as a list of current repairs. Therefore, a strict demarcation can only take place at the moment when the project has already received the appropriate designation.
Conclusion
For the average layman, knowledge of the features of separation different types repair may have great importance, even if it is not related to formal organizational processes similar events. This is important, for example, for private owners who are planning a major overhaul of the house within a certain time frame with the connection of their own finances. Understanding how the overhaul differs from the current one will help classify the types of technical operations - accordingly, determine the degree of their complexity, as well as the responsibility of the performers. This is also important for residents of apartment buildings who are in legal and economic relations with management company carrying out repairs.
and objects
Foundations and basements
1. Partial re-laying (up to 15%) or strengthening of foundations under the walls and pillars of stone and wooden buildings, not related to the superstructure of the building.
2. Repair of brick cladding foundation walls from the basement in separate places with more than 10 bricks laid in one place.
3. Partial or complete re-laying of pits at the windows of the basement and basement floors and entrances to the basement.
4. Change of individual sections of the tape, columnar foundations or chairs under wooden buildings.
5. Restoration of the settled or construction of a new blind area around the building.
Walls
1. Repair stone walls, stone cladding of the basement and walls (more than 10 bricks in one place).
2. Relaying brick plinths (more than 10 bricks or fallen bricks, more than 10 pieces in one place).
3. Full or partial re-laying and fastening of brick outer walls, not connected with the superstructure of the building, not exceeding 25% of their total area in the building, as well as replacing individual crowns in wooden buildings, also not exceeding 25% of the total wall surface.
4. Strengthening the walls with tension and metal ties.
5. Filling cracks in brick walls with excavation and clearing of the old masonry and the installation of a new one with dressing of seams with the old masonry.
2. Repair or replacement of worn-out metal railings on roofs.
3. Repair or replacement of worn outdoor fire escapes.
4. Repair or replacement of drainpipes and small coverings of architectural elements on the facade.
5. Installation of new manholes on the roof, dormer windows and walkways to them.
6. Reconstruction of the wooden roof in connection with the replacement of the iron roof with other roofing materials.
7. Repair of roofs of eternite, tar paper, roofing felt, etc., in some places using more than 10% of new materials or their complete replacement with other materials.
3. Repair of boilers, boilers, electric motors, pumps and fans with disassembly and replacement of components and parts.
4. Device remote fireboxes and accessories for boilers under the blast furnace.
5. Automation of boiler rooms.
6. Transfer of boiler houses from solid fuel for gas.
7. Replacing the safety lever valve heat exchanger coil.
8. Installation of missing or replacement of failed plungers, air collector with pipeline and fittings.
9. Connection of buildings to heating networks (at a distance of no more than 150 m from the building).
4. Restoration of ventilation shafts and chambers.
5. Repair and replacement of ventilation equipment.
6. All construction works associated with a major overhaul or installation of a new ventilation system.
Water supply and sewerage
1. Restoration or arrangement of a new internal water supply and sewerage system and their connection to water supply and sewerage networks. The length of the line from the nearest water inlet or outlet sewer to the street network should not exceed 100 m.
2. Installation of additional manholes on existing yard lines or street networks at the points of connection.
3. All construction work related to the overhaul of water supply and sewerage.
1. Replacement and installation of a new hot water supply, separate sections of the hot water pipeline, worn-out tanks, water heaters and water heaters, bathtubs, showers and fittings for them (shower nets with pipelines, water taps, flexible hoses).
2. All construction work related to the overhaul and the installation of a new hot water supply.
Electric lighting and power wiring
1. Installation of new electric lighting in buildings and connection to the power supply network.
2. Replacement of worn-out lighting wiring with a change of installation fittings for switches, knife switches, plugs, cartridges, sockets, and in case of a major overhaul of the building - the installation of new wiring.
3. Installation of new and replacement of group junction boxes and shields.
4. Automation of electric lighting in stairwells buildings.
5. Replacement of ordinary lamps with fluorescent lamps (permitted in public buildings with a comprehensive overhaul).
