Do owners have to pay for major repairs. Who should and who should not pay the fee for the overhaul of an apartment building? The owner of the property or the tenant pays on the receipt

20.10.2019

Any houses are destroyed over time and fall into disrepair. All tenants are well aware that over time, the house in which they live needs to be repaired. For such purposes are collected cash on the . But who should pay for it?

Do I have to pay?

« Overhaul apartment buildings: to pay or not?"- this is the question that the residents of houses who need major repairs torment themselves with.

The residents of our capital believe that the payment of fees for the overhaul of the premises is not an obligatory action on the part of citizens. In their opinion, this is contrary to the Russian Constitution. With this question they turned to the district court. They consider the distribution of funds to be unfair. The fact is that funds for capital repairs of houses are being collected, and with this money “other people's” houses are being repaired, according to the queue.

Citizens fear that until, in a few years, their turn comes to their house, the money collected for repairs will be depreciated and there will be no funds to repair their own house. Such payments to the fund for capital repairs of houses, in their opinion, should not be obligatory at all, since the funds are non-profit. And according to the law, such contributions must be made on a voluntary basis. As a result, voluntary contributions can in no way be mandatory.

According to citizens, if the house was not repaired at the expense of budgetary funds before the privatization of residential premises, then the responsibilities of management companies should be preserved. And already subsequent repairs will be carried out at the expense of the owners.

It should also be noted that currently the current law allows residents to open an individual account and accumulate funds on an individual basis only for their own home.

By law, a person has the right to pay or not pay for any service. However, beforehand, he has the opportunity to check whether it suits him or not, and only after that he can pay. Let's consider the most elementary example of how the payment of contributions for major repairs usually occurs. apartment building.

Let's say a person wants to buy a TV. He comes to the store, chooses one, but then be sure to check if the equipment is in working order. And only after he is convinced of this, he acquires it and pays for the value of the goods. Likewise with a major overhaul.

Many citizens are dissatisfied, they believe that the prices for major repairs are too high, that in general such actions are contrary to their civil rights, therefore, payment for major repairs often becomes an "acute" problem for tenants. However, at the moment the law is in force and you have to pay. Unfortunately, if earlier it was possible to evade this type of payment by simply not paying for it, now it is impossible to do this. So the answer to the question: "Should I pay for a major overhaul of the house?" should be positive.

A new column in payment documents provides for a mandatory payment for major repairs. If citizens do not pay on time, then a penalty will be charged. And as you yourself understand, the payment for overhaul will only increase.

Overhaul and Constitutional Court Contributions

At the beginning of this year, residents of many cities were shocked by a rare and amazing event. The point is that the response was sent to the constitutional court, and the sender was the General Prosecutor's Office. The prosecutor's office considered that the fees they are trying to collect from the population are unconstitutional and violate the rights of citizens.
The group of deputies who became the initiators believes:

Wrongful payment for property maintenance and payments wages for employees of regional operators. It turns out that the citizens who pay the capital repair fees practically support them.
Transfer of funds between owners' accounts is a direct responsibility of the state to the owners and nothing more.
It turns out that those owners who have drawn up their personal account and those who monthly transfer to the general account of the regional operator are placed in absolutely different conditions.

The fact is that the second group of residents cannot dispose of the funds of the general balance and practically does not have the right to vote. In addition, there is no full refund, there is simply no such mechanism.

To this appeal, the prosecutor's office of the Ministry of Justice, Finance and Construction, as well as housing and communal services responded as follows:

Contributions for major repairs are collected in the interests of homeowners, so their constitutional rights are not violated. Also, tenants at any time can gather a meeting at which they can discuss and decide how to form the fund.
Funds for major repairs do not go to the budget, and they are also not taxes. With these contributions, real organizations are already making, and will be doing in the future, capital repairs of residential premises.
Since all the monetary contributions that have already entered the fund cease to be the own funds of the homeowners who transferred them, then, therefore, there is absolutely no need to coordinate their disposal with the residents of the houses.

Thus, the overhaul fees are structural as there is a valid law on overhaul fees. Following this statement, the General Prosecutor's Office withdrew its letter. In order to avoid the appearance of questions from the residents of the houses, such as: "Do I need to pay to the capital repair fund?" she considered it necessary to carry out additional improvements.

Citizens receive receipts for monthly payments, many pay them in the specified amount and do not try to dispute.

What will happen if an apartment building, let's try to figure it out.

After adoption Federal law about overhaul very often there were disputes and misunderstandings in terms of how much the overhaul fee is charged, who is responsible for collecting it and where the funds are sent.

All activities of regional operators (funds) and specially created commissions are regulated by Federal legislation and the current Housing Code.

They also clearly stipulate that it is the responsibility of the owner of non-residential premises and apartments located in this building to pay for capital repairs related to the common property of an apartment building.

Who and in what amount calculates the overhaul fees

According to the law, either the regional fund (operator), which owns constantly updated databases with the owners of real estate and the area of their premises and apartments, has the right to assess contributions, or a unit specially created by the owners.

The monthly capital contribution is calculated based on the area of the premises and the coefficients approved by the subject of the federation. V different regions country it is different:

Moscow and the Moscow region - from 8.3 to 17 rubles / square meter.
St. Petersburg - from 3.5 rubles / square meter.
Murmansk - from 3 rubles / square meter.
Samara - from 5 rubles / square meter.
Voronezh - from 6.5 rubles / square meter.

Where can the funds raised for capital repairs be spent?

The types of activities on which funds collected by residents for capital repairs can be spent are directed exclusively to repairing the common property of residents and owners, and in no case on cosmetic repair separate premises and apartments.

It includes:

Insulation, restoration, painting and renovation of the building facade.
Repair work for the restoration and repair of the foundation.
Maintaining the integrity of basements and common areas.
Redecoration of stair flights, up to the replacement of steps and railings.
Roof and roof restoration, current and major repairs.
Maintaining the performance of elevators, lift shafts, timely repair and replacement of elevator equipment.
Major and current repairs of engineering systems and communications in an apartment building.

If the operator of the funds raised for the overhaul is a specially created subdivision of the tenants of an apartment building, then the owners of apartments and non-residential premises have the right to independently search for an organization that will carry out all the repair work. Otherwise, the choice remains with the subject of the federation.

The program for carrying out capital repairs is approved annually by local governments and posted on the website for general information.

For whom there are benefits for paying fees for overhaul

Owners of apartments in dilapidated and dilapidated buildings subject to demolition or resettlement.
Persons who are tenants of apartments and premises located in apartment buildings owned by the state or municipality.
Tenants of premises or apartments in an apartment building located on state or municipal land plots.
Owners of real estate that should be seized into the ownership of the state or municipality.

There are also citizens who can reduce the amount of payment by 30 to 100%:

Lonely pensioners, apartment owners who are over 70 and 80 years old.
Persons with established disabilities of groups 1 and 2 or families raising children with established groups 1 or 2 of disability.
People with disabilities and participants in the Great Patriotic War and other hostilities.
The liquidators of the man-made disaster at Chernobyl nuclear power plant and tests in Semipalatinsk.
Persons working in certain specialties in certain localities, for example, teachers in the Far North.

What will happen if you do not pay for the overhaul of an apartment building

Monthly payments are actually equated to utility bills, so their late payment or non-payment for a long time can have quite serious consequences:

To begin with, a representative of the regional operator or the commission of an apartment building will be on the balance of the debt and every month remind the defaulter about the existing debt in writing or by phone.
When the debt reaches over 10,000 rubles, the debtor may be banned from crossing the state border.
A debt of over 10 thousand rubles may entail the initiation of a trial, during which the debtor's property may be seized or it may be withdrawn from the citizen's use and sold for debts.

The judicial practice of 2017 on whether or not to pay contributions for major repairs suggests that extreme measures of seizure or seizure of debt property are usually not applied, housing remains in the ownership of a citizen.

Judicial practice on the overhaul in the video:

In 2017, reviews on whether it is worth paying for a major overhaul suggest a couple of legitimate ways to avoid paying on a monthly basis:

To carry out deprivatization - to return previously privatized housing from private property to state property.
Conduct a general meeting of tenants, at which more than 50% of the votes will be in favor of carrying out major repairs on their own or independently finding construction teams that will carry out all the work.

With the introduction of the law on compulsory payment of fees for major repairs, discussions are still ongoing between those who are "for" and who are "against" it. To understand this issue, it is necessary to study all the points in order. Although many still call this law anti-constitutional or anti-people. Collecting funds in a structure incomprehensible to the population - the regional operator adds urgency to this issue. So whether to pay for a major overhaul of the house or not to pay?

Having received the bills, many citizens have a question: is it possible not to pay for the overhaul of an apartment building? what will happen if you do not pay for major repairs? This law was adopted at the federal level and it is almost impossible to challenge it. It was introduced to replace the previous reform of housing and communal services, the so-called 185-FZ. Then the repair work was carried out by co-financing public money and money of residents. Now such a mechanism has been abandoned and the entire burden of financing the program has been shifted onto the shoulders of the owners. Also old program did not differ in scale and, in fact, was a failure. Modern program will cover almost all houses in the country.

The new reform of housing and communal services, as conceived by its creators, should significantly improve the condition of the entire housing stock. In this case, if a regional operator is engaged in the collection of fees for overhaul, then they will apply to the courts for non-payment for you. If the managing organization or the HOA is engaged in this, then the lawyers of these organizations will have to meet in court. All arguments that you do not know where and for what you are paying will be unconvincing, since information is not difficult to find. Each region has created its own base, by which you can find out the timing of home repairs for each type of work. Such a base can be found on the website of the regional operator, the state housing inspection, the ministry of housing and communal services of the region or your administration. If the terms of the work according to this program do not suit you, then there is a mechanism for transferring them. If you you don’t know who you are paying for overhaul and don’t you understand who is forming a capital repair fund, then we will tell you what are the options for forming a capital repair fund.

Methods for the formation of a capital repair fund

Today there is three ways to form a capital repair fund... Regional operator, a structure created by the government in the region to collect contributions and organize work in apartment buildings in which residents have not decided on their own about collecting contributions. You can create a dedicated account with a regional operator. This is for those residents who decided to collect contributions on a separate account of their house and determine the timing of the repair themselves, but the authority to collect funds and issue receipts for payment was given to the regional operator. This method is optimal for houses with direct control of the house and management organization. And the third option is a special account for the house itself. This is the most The best way formation of a capital repair fund and management of the timing of its implementation.

To make such an account, it is enough to hold houses on this issue and open an account, having previously notified the state housing inspectorate and the regional operator. Further, when contributions begin to accumulate on the account of the house, determine by the general meeting the timing of some type of work. In this case, the management of the house management fully controls the collection of funds and issues receipts for payment of major repairs, and all issues related to the repair will be coordinated at the general meeting. Therefore, the best option is to take everything into your own hands, then there will be fewer questions about accrual. If you receive two receipts, then someone is clearly collecting funds illegally. Write a request for clarification to the local administration or prosecutor's office.

What if do not pay for major repairs

What will happen if not pay for a major overhaul of an apartment building? This is the question asked by most opponents of the new line in the receipt. In October 2014 came into force. According to this law, payments for major repairs are mandatory and can only be challenged through the courts. The organization that collects contributions, sooner or later, will still sue you to pay off debts. In this case, you will still be charged legal costs and expenses for a lawyer. Therefore, it is necessary to weigh well the arguments with which you will defend yourself. There are several categories of citizens who have the right not to pay:

living in houses recognized as emergency in the manner prescribed by law;
living in municipal living quarters;
living in new buildings.

For the rest, the law is binding.
In general, in order to understand why you need to pay, contact the management company and find out where you first need to send funds under this article. What types of repairs the house needs urgently. If the roof is leaking in an apartment building or the sewage system is constantly clogged, it will hardly be possible to carry out repair work at the expense of the item "home repair", but an item of expenditure. Most likely, the majority of citizens do not even know that there is this or that problem in the house. The collection of contributions will be able to provide in just a few years to improve the condition of the house, and therefore raise the quality of living in it to a new level.

Should I pay for major repairs if the house is new

A special wave of indignation over the collection of fees for major repairs was caused by the residents of new buildings. Why renovate new homes? It doesn't make any sense. Collect funds for something else not worn out it is not just a lack of logic, but actually a fee for a nonexistent service. In this regard, the Housing Code Russian Federation amendments were made to the fact that regional governments can set a deferral from fundraising for repairs for up to five years. Now residents of new buildings, if their house was put into operation after the start of the overhaul program, may not pay for this service.

As conceived by the authors of the law, in five years it will be possible to determine where the funds will need to be directed under this article in the new house. Before starting fundraising, hold a meeting of residents, at which you decide in what way you will form a capital repair fund. If this did not happen, then the local administration will make a decision on its own and the collection of contributions will be made by the regional operator in the so-called "common pot". Accordingly, the funds of the residents of this house will be used to implement the program for other houses.

Pensioners are the most vulnerable part of the population. Whether or not pensioners should pay for major repairs is a very important question. The constant increase in payments for housing and communal services primarily affects them painfully. Although they are the ones who are trying to pay all receipts on time. According to pensioners, the following benefits are provided:
Lonely elderly people from 70 years of age - provided a subsidy in the amount of 50% of the accrual. From 80 years old - 100%.
Elderly living together consisting of non-working pensioners in a family starting from 70 years old - 50% of the amount accrued, and from 80 years old - 100%.
also a list of citizens who will be provided assistance in the amount of 50% of the accrued amount has been determined:

Chernobyl victims;
war veterans and their families;
disabled people and families with disabled people;
participants in nuclear tests at the Semipalatinsk test site.

Regional authorities have the right to expand this list and increase the amount of compensation. Therefore, in this matter, it is better to turn to regional legislation.

The obligation of homeowners to pay for major repairs arose back in October 2014. And more than a year has passed to track the progress of its implementation. It goes differently in different regions. Someone coped with it by 90 percent, and some by only 10. The quality of the explanatory work also leaves nothing to be desired, in this regard, more and more various questions arise. The year 2015 showed that the owners of apartment buildings are unsatisfactory about this program. First of all, this is due to those houses the collection of contributions from which is made to the "common boiler". In this case, many owners were unhappy with the overhaul. Now the heads of the regions are personally responsible for the implementation of the new reform before the President, and no one will allow showing negative results in 2016. At the same time, given the pre-election year, many public figures, politicians and other active figures are trying to earn points on this, calling the program anti-popular and even promising to submit in this regard to various levels of the judiciary.

But to the ordinary homeowner, all these trials and mistakes of the authorities, and even more so further promises that everything will be fine, do not make any difference. Alas, the owners of all residential premises are obliged to pay for this type of service, because they live in an apartment building, which means they are responsible not only for their meters, but also for the common property in the house. And this is the roof, and basements and elevators, etc. Management Company is not obliged to pay the costs of one or another type of overhaul, and very often it is simply ineffective to carry out. The best option in this situation, control over the overhaul of an apartment building will be carried out.

On April 12, 2016, the Constitutional Court of the Russian Federation on whether or not to pay for major repairs and put a kind of an end to this issue.

According to which, the owners of housing in an apartment building (more than three) will be charged for the overhaul of the dwelling.

Overhaul includes the repair of foundations, facades, roofs, elevators and basements, as well as the replacement of electrical wiring and internal engineering systems.

The contribution, like a receipt for payment of utility bills, comes to mailbox. Its size depends on in which subject of the Russian Federation the dwelling is located, as well as on its type and area.

This was necessary because the number of houses in an emergency or dilapidated state increased sharply across Russia, and government programs are unable to fully pay for their restoration.

Funds collected from owners are sent to a special fund overhaul and will be added to the existing programs.

Do I have to pay for these receipts?

According to the Federal Law each owner is obliged to participate in the collection of funds for the overhaul, since they are included in standard payment documents for housing and communal services (Article 169.1 of the RF LC).

If he does not pay receipts on time, or does not do it at all - penalties will begin to accrue if payment is not made by the 20th of the current month (for the last month).

If the owner consistently ignores receipts, debt (including interest) can be collected through the court... Also, along with the debt, he will be forced to pay legal costs.

Nobody can evict a defaulter from an apartment, but various restrictions will apply, including a ban on leaving the country.

Doing a major overhaul in your home does not relieve you of your fundraising obligation. They will "accumulate" until the next time.

At what age and at what age is the fee charged?

You can become an apartment owner from birth, but you can fully dispose of the property and make payments and transactions after reaching the age of majority. Who pays for the overhaul of an apartment building and at what age?

Since it is the responsibility of the owners to monitor the dwelling, maintain it and the common premises in an apartment building (Article 30, Clause 1 of the RF LC), a citizen who is the owner must pay for major repairs from the age of eighteen.

In December 2015, draft law N 399-FZ was adopted, according to which the regions will be able to independently decide whether pensioners will pay the contribution. So people over 80 years old can count on 100% compensation for expenses.

It is valid for pensioners living alone and for families that consist of unemployed people of retirement age (Art. 169, Part 2.1)

Compensation in the amount of 50% of the amount of expenses will be provided to people who have reached the age of 70, disabled people of the first and second groups, Chernobyl victims, disabled children, persons with disabled children (Federal Law of June 29, 2015, No. 176-FZ).

In addition, it is worth paying attention to the age of a particular house, the older it is, the more it needs restoration. Consequently, the amount in the receipt will be larger.

For new houses, the law provides for a reduced rate. Federal Law No. 176-FZ allows that residents of new buildings put into operation after the approval of the program may not pay for these receipts.

For how long is determined by the regions themselves, but it should not be more than 5 years.

Who should pay for the overhaul: the owner or the employer?

The grounds on which the tenant can live in the dwelling:

Municipal or service housing... If the tenant lives in a municipal dwelling, then he is obliged to maintain it in proper form, to pay utility and other payments on time, as well as current expenses for the maintenance of common property. These responsibilities are defined in the social employment contract. But the overhaul is carried out at the expense of the owner of the housing stock.
Privatization... If the apartment was privatized by the tenant, then he is also obliged to keep the living space in proper form, but no one has the right to force him to take part in the fundraising for the overhaul.
Renting a living space... Who should pay for the overhaul in this case? Without the consent of the owner, the tenant cannot carry out redevelopment or renovation, therefore, payment of charges should not be charged from him. This is the responsibility of the owner.

Who pays for major repairs in an apartment building - the owner or the tenant?

Based on this, payment for the overhaul of the dwelling cannot be demanded from the tenant... Many owners who rent out apartments believe that this amount is included in utility bills, but this is a delusion.

How legal are these contributions?

Since these payments are established by law (part 1 of article 158 of the RF LC) - they are mandatory for all citizens of the Russian Federation... And, as mentioned, certain sanctions can be imposed for non-payment.

But since not all payers will wait for the repair (death, sale or other reasons), in October 2015, a lawsuit was filed with the Constitutional Court of the Russian Federation by a group of deputies... In it, they expressed their demand to correct the fact that tenants should pay for the maintenance of someone else's property.

In April 2016 fundraising in the "common piggy bank" was recognized as absolutely legal. It was also decided to revise the order of work in residential premises, according to the objective state of the houses.

In addition, this procedure can be challenged through a court.

Summing up, we can say that contributions for the overhaul of the home are completely legal and obligatory for payment.

And who pays for major repairs in an apartment building? If you are renting a house, you are a tenant, you should understand that paying for these receipts is not your concern. This is the responsibility of the owners only.

Prior to the entry into force of the Federal Law of the Russian Federation of December 25, 2012, No. 271-FZ "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation and the Recognition of Certain Provisions of Legislative Acts of the Russian Federation" (hereinafter Law No. 271-FZ) Overhaul apartment buildings helped to carry out the housing and communal services fund. Now the fund will only sponsor the relocation of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ owners of living space in apartment buildings will pay for major repairs. Overhaul payments are mandatory. The monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.

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

Responsibility for the maintenance of the dwelling, which is owned, lies with its owners. In other words, a person who has bought, privatized or otherwise obtained the right of ownership of an apartment in an apartment building receives not only the rights, but also the obligations to maintain the housing in proper condition (repair of the roof, facade, foundation, etc.).

Law No. 271-FZ, recognizing the payment for overhaul mandatory for all owners, is aimed at creating a clear mechanism that will allow the overhaul of the entire housing stock in a planned manner.

In case of inappropriate use of funds collected for the overhaul of apartment buildings, the following decisions are provided for in the federal law No. 271-FZ:

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

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 property, but not someone else's. By general rule officials allow the use of funds raised from one house for major repairs of another, according to the approved schedule. It remains only to guess how the queue will be formed, and who will receive assistance in the first place, and whose house will be renovated 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 be used only for major repairs and for nothing else.

If the Management Company arbitrarily increases the amount of the contribution for capital repairs, the owners may apply to the court to protect their interests.

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

Should I pay for a major overhaul of a house 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 monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local governments are obliged to create a capital repair fund and appoint a regional operator who will repair the housing stock and timely publish information on the condition of the houses being repaired on the Internet.
At first glance, everything is extremely clear, moreover, in some regions and before the adoption of the specified law for major repairs residential buildings the owners paid, but there are a lot of speculations and rumors around this document about how this money will be collected and spent.
So, for example, it was not clear what fate awaited the money contributed by the tenants: whether they would be deposited in a separate bank account and only a specific house would be repaired on them, or the authorities would create a “common boiler”, from which finances would be spent as needed.

Is there a way not to pay premiums for major renovation of apartment buildings?

The law provides for three options not to pay.

You do not have to pay if the house is found to be in disrepair.
Because according to the new law on overhaul, the decision is made by the tenants themselves, then according to the general decision, the process of collecting payments can be stopped by collecting the required amount.
Use as contributions funds from the lease of non-residential premises in the house (if it is a common property) and lease of the facades of the house for advertising.

As you can see, all of the above methods are just small exceptions to the rules. True, now at the level of the Russian government is discussing the issue of exemption from payment of residents of new buildings.

What will happen to those who do not pay?

The overhaul contribution will appear in the general utility bill. However, the Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional capital repair fund says that debtors will be treated according to the scheme worked out by other utilities - first, send them notifications, and then sue them. And the amount charged through the court will contain interest and costs of the court. Therefore, it is better not to postpone payments and pay all contributions on time.

Is it possible to get 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 appearance, your payment for these services exceeds the standard of the maximum allowable share of citizens' expenses for housing and communal services, you will be entitled to apply for a subsidy.

What happens if the tenants paid the premiums for the repairs and then their house is declared to be in disrepair?

Today it is one of the most difficult issues... According to the law, from the day the house is recognized as emergency, tenants will be exempted from payments for overhaul. However, the funds collected in the general boiler of the overhaul program cannot be used to resettle the house. Meanwhile, the program of resettlement of dilapidated houses at the expense of the federal budget has so far been calculated only until 2015.

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

(as revised on 29.06.2015)
"On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the invalidation of certain provisions of legislative acts of the Russian Federation"

Federal Law of 25.12.2012 N 271-FZ
(as revised on 29.06.2015)

"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"

THE 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

LOSING THE FORCE OF SEPARATE LEGISLATIVE PROVISIONS

OF THE ACTS OF THE RUSSIAN FEDERATION

The State Duma

Federation Council

List of changing documents

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

Introduce into the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, Art. 5084; 2008, N 17, Art. 1756; N 20, Art. 2251; N 30, Art. 3616; 2009, N 23, Art. 2776; N 39, Art. 4542; N 48, Art. 5711; N 51, Art. 6153; 2010, N 19, Art. 2278; N 31, Art. 4206; N 49, Art. 6424; 2011, N 23, Art. 3263; N 30, Art. 4590; N 49, Art. 7027, 7061; N 50, Art. 7337, 7343, 7359; 2012, N 10, Art. 1163; N 14, Art. 1552; N 24, Art. 3072; N 26, Art. 3446; N 27, art. 3587; N 31, art. 4322) the following changes:

1) article 2 shall be supplemented with clause 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 owners of premises in such buildings for overhaul of common property in apartment buildings, budgetary funds and other sources of funding not prohibited by law;";

2) in part 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 - a contribution for overhaul)";

b) add clause 11.1 as follows:

"11.1) formation and use of the fund for capital repairs of common property in an apartment building (hereinafter - the fund for capital repairs);";

3) in article 12:

a) supplement with clause 10.1 as follows:

"10.1) determination of the procedure for establishing the need for major repairs of common property in an apartment building;";

b) supplement with clause 16.4 as follows:

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

c) supplement with clause 16.5 as follows:

d) supplement with clause 16.6 as follows:

"16.6) monitoring the selection and implementation by owners of premises in an apartment building of the method of forming a capital repair fund;";

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

"8.2) establishment of a minimum 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 repair funds,” after the words “provision of utilities 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: the provisions of the said Federal Law, taking into account the specifics provided for by part 4.3 of this article. ";

c) supplement with part 4.3 of 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 for conducting inspections is not limited. Unscheduled inspections of regional operators are carried out without the consent of the prosecutor's office and without prior notification of regional operators about such inspections. ";

7) supplement with article 36.1 as follows:

"Article 36.1. Total funds in a special account

1. The owners of premises in an apartment building own the rights to funds in a special account intended for transferring funds for capital repairs of common property in an apartment building and opened in a credit institution (hereinafter referred to as a special account), and formed from contributions to capital repairs, interest paid in connection with 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 the premises in an apartment building in the right to funds in a special account is proportional to the total amount of contributions for major repairs paid by the owner of such premises and the previous owner of such premises.

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

4. Upon the transfer of ownership of a premise in an apartment building, the share of the new owner of such premises in the right to funds in a special account is equal to the share in the right to the specified funds of the previous owner of such premises.

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

6. When acquiring ownership of premises in an apartment building, a share in the right to funds in a special account is transferred to the acquirer 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 in a special account, are null and 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) supplement with clause 1.1 of 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 size of the contribution for capital repairs, the minimum size of the capital repair fund in terms of exceeding its size over the established minimum size of the capital repairs fund ( if the law of a constituent entity of the Russian Federation establishes the minimum size of the capital repair fund), the choice of a person authorized to open a special account and perform transactions with funds in the special account; ";

c) supplement with clause 1.2 of the following content:

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

9) clause 5 of part 2 of article 153 supplement with the words "taking into account the rule established by part 3 of Article 169 of this Code";

10) Part 2 of Article 154 shall be stated in the following wording:

"2. Payment for residential premises 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 for the management of an apartment building, maintenance, maintenance common property in an apartment building;

2) contribution for overhaul;

3) payment for utilities. ";

11) in Article 155:

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

b) part 6 shall be supplemented with the words ", including paying contributions for major repairs in accordance with Article 171 of this Code";

c) in part 7, the words "the case provided for by part 7.1 of this article" shall be replaced by the words "the 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 contributions for major repairs)”;

e) supplement with part 14.1 as follows:

"14.1. The owners of premises in an apartment building, late and (or) not fully paying contributions for capital repairs, are obliged to pay interest to the capital repair fund in the amount established in the manner prescribed by part 14 of this article. The payment of the specified interest is carried out in accordance with the procedure established for the payment of contributions for capital repairs. ";

12) Article 156:

a) supplement with part 8.1 of the following content:

"8.1. The minimum contribution for capital repairs is established by a 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 prescribed by the law of the constituent entity of the Russian Federation, based on the occupied total area of the premises in an apartment building belonging to 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 capital repairs of individual elements of building structures and engineering systems of an apartment building, regulatory deadlines their efficient operation until the next major overhaul (standard turnaround times), as well as taking into account the list of works on major overhaul of common property in an apartment building established by this Code and a regulatory legal act of the constituent entity of the Russian Federation. ";

b) supplement with part 8.2 as follows:

"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 major repairs”;

b) part 2 shall be stated as follows:

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

c) part 3 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 stated as follows: “The size of the regional standard for the cost of housing and communal services is established for the persons specified in clauses 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 improvement, constructive and technical specifications which correspond to the average conditions in the municipality, the size of the payment used to calculate the payment for the maintenance and repair of the dwelling for the specified tenants, prices, tariffs and consumption standards for utilities used to calculate the utility bills for the specified tenants. " content: "The size of the regional standard for the cost of housing and communal services is established for the owners of residential premises based on the amount of payment used to calculate the payment for the maintenance and repair of residential premises for the specified tenants, the minimum contribution for major repairs (if paid in accordance with this Code of contributions for major repairs), prices, tariffs for resources required for the provision of utilities, and standards for the consumption of utilities used to calculate utility bills 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 the owners of residential premises who, in accordance with this Code, pay contributions for major repairs,”;

15) supplement with section IX as follows:

"Section IX. ORGANIZATION OF MAJOR REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS

Chapter 15. GENERAL PROVISIONS ON OVERALL REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER

ITS FINANCING

Article 166. Overhaul of common property in an apartment building

1. The list of services and (or) work on overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, formed on the basis of the minimum contribution for overhaul established by a regulatory legal act of a constituent entity of the Russian Federation , includes:

1) repair of in-house engineering systems of electricity, heat, gas, water supply, drainage;

2) repair or replacement of elevator equipment found 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 related to common property in an apartment building;

5) insulation and repair of the facade;

6) installation of collective (common house) metering devices for the consumption of resources necessary for the provision of utilities, and nodes for controlling and regulating the consumption of these resources (heat energy, hot and cold water, electrical energy, gas);

7) repair of the foundation of an apartment building.

2. By the regulatory legal act of the constituent entity of the Russian Federation, the list of services and (or) work on the overhaul of common property in an apartment building, financed from the capital repair fund, the amount of which is formed based on the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation Federation, can be supplemented by other types of services and (or) work.

3. In the event that 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, a part of the capital repair fund formed due to this excess, by decision of the general meeting of owners of premises in an apartment building, may be used to finance any services and (or) overhaul of common property in an apartment building.

4. The list of services and (or) work on overhaul of common property in an apartment building, which can be financed from state support provided by the constituent entity of the Russian Federation, is determined by the regulatory legal act of the constituent entity of the Russian Federation.

Article 167. Ensuring the timely implementation of major overhaul of common property in apartment buildings

State authorities 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) a minimum contribution is established for the overhaul of common property in an apartment building;

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

3) a regional operator is created, the issue of the formation of 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 are approved, including for the provision of guarantees, sureties for loans or borrowings, if the corresponding funds for the implementation of this support are provided for by the law of the constituent entity of the Russian Federation on the budget of the constituent entity Russian Federation;

5) the procedure for the preparation and approval of regional programs for the overhaul of common property in apartment buildings is established, as well as the requirements for these programs;

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

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

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

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

1. The supreme executive bodies of state power of the constituent entities of the Russian Federation approve regional programs for overhaul of common property in apartment buildings in order to plan and organize overhaul of common property in apartment buildings, planning the provision of state support, municipal support for overhaul of common property in apartment buildings at the expense of the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter - state support, municipal support for capital repairs).

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

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

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

3) the planned year of 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 overhaul of common property in apartment buildings is determined in the regional overhaul program based on the criteria established by the law of a constituent entity of the Russian Federation and can be differentiated by municipalities. As a matter of priority, the regional overhaul program should provide for overhaul:

1) common property in 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 on the date of approval or updating of the regional capital repair program;

2) apartment buildings, the overhaul of which is required in the procedure for establishing the need for overhaul of common property in an apartment building approved by the Government of the Russian Federation.

4. Amendments to the regional capital repair program that provide for the postponement of the established period for capital repairs of common property in an apartment building to a later period, reducing the list of planned types of services and (or) work on capital repairs of common property in an apartment building is not allowed, with the exception of cases of making the appropriate decision by the owners of premises in this apartment building.

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

6. The procedure for the preparation and approval of regional capital repair programs 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 overhaul program, specify the timing of overhaul of common property in apartment buildings, clarify the planned types of services and (or) work on overhaul of common property in apartment buildings, determine the types and amount of state support, municipal support for overhaul state authorities of the constituent entity of the Russian Federation, local authorities are obliged to approve short-term (up to three years) plans for the implementation of the regional capital repair program in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation.

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

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 in part 2 of this article, part 8 of Article 170 and part 4 of Article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the relevant decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.

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

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

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

Article 170. Fund for capital repairs and methods of forming this fund

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

2. The size of the capital repair fund is calculated as the sum of the receipts 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 major repairs of common property in an apartment building and advances for the specified services and (or) work.

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

1) transfer of contributions for overhaul to a special account in order to form a fund for overhaul in the form of funds in a special account (hereinafter - the formation of a fund for overhaul on a special account);

2) transfer of contributions for capital repairs to the account of a 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 a regional operator (hereinafter - the formation of a capital repair fund on the account of a regional operator).

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

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

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

4) the owner of the 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 constituent entity of the Russian Federation. In the event that the owners of premises in an apartment building have not chosen a credit organization in which a special account will be opened, or this credit organization does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit organization in which a special account will be a special account is opened, it is considered transferred at 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 no more than two months after the official publication of the constituent entity of the Russian Federation approved in the statutory the order of the regional capital repair program, which includes an apartment building, in relation to which the issue of choosing a method for forming its capital repair fund is being decided. In order to implement the decision on the formation of a capital repair fund on a special account opened in the name of a regional operator, the owners of premises in an apartment building must send a copy of the minutes of the general meeting of such owners to the address of the regional operator, who issued this decision.

6. Not later than one month before the end of the period established by part 5 of this article, the local government shall convene 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, within the time period established by part 5 of this article, did not choose the method of forming the capital repair fund or the method they chose was not implemented within the time period specified in part 5 of this article, and in the cases provided for by part 7 of 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 a regional operator.

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

Article 171. Peculiarities of payment of contributions for capital repairs

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 the payment of 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 part 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the timeframes established for making payments for residential premises and utilities.

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

1. The owner of the special account, within five working days from the moment of opening the special account, is obliged to submit to the state housing supervision body a notice of the method of formation of the capital repair fund chosen by the owners of the premises in the corresponding apartment building, attaching a copy of the minutes of the general meeting of owners of 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 the opening of a special account, unless otherwise provided by the law of a constituent entity 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, as provided by the law of the constituent entity of the Russian Federation, information on apartment buildings, the owners of the 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 the special account is obliged to submit to the state housing supervision authority, 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 on the special account.

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

5. The body of state housing supervision shall provide the information specified in parts 1-4 of this article to the federal executive body that exercises 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. Changing the method of forming a capital repair fund

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

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

3. In the event that the formation of the capital repair fund is carried out on the account of a regional operator, in order to change the method of forming 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 a capital repair fund within five working days after such a decision is made is sent to the owner of a special account to which contributions for major repairs of common property in such an apartment building are transferred, or to a regional operator, to the account of which these contributions are transferred.

5. The decision to terminate the formation of the capital repair fund on the account of the regional operator and the formation of the capital repair fund on the special account shall enter into force two years after the decision of the general meeting of the owners of premises in the apartment building is sent to the regional operator in accordance with part 4 of this article, if a shorter period not established by the law of a 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 of entry into force this decision the regional operator transfers the funds from the capital repair fund to a special account.

6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator shall enter into force one month after sending the decision of the general meeting of owners of premises in an apartment building to the owner of the special account in accordance with part 4 of this article, but not before the onset of the condition specified in part 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 repair fund to the account of the regional operator.

Article 174. Use of capital repair fund resources

1. The funds of the capital repair fund can be used to pay for services and (or) work on the overhaul of common property in an apartment building, develop 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 for the payment of 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 capital repair fund within the amount formed on the basis of the minimum contribution for capital repairs 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. Of the Russian Federation, repayment of credits, loans received and used in order to pay for these works, and payment of interest for the use of these credits, loans.

2. In the event that 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 demolishing or reconstructing 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 the case of seizure for the state or municipal needs of the land plot on which this apartment building is located, and, accordingly, the seizure of each residential premises in this apartment building, with the exception of residential premises belonging to the ownership of the Russian Federation, a constituent entity of the Russian Federation or a municipality, capital repair funds are distributed between the owners of premises in this apartment building in proportion to the size of the contributions paid by them for major repairs and contributions for major repairs paid by the previous owners of the respective premises.

Chapter 16. FORMATION OF A CAPITAL REPAIR FUND

ON A SPECIAL ACCOUNT

Article 175. Special account

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

2. The owner of a special account can be:

1) an association of homeowners managing an apartment building and created 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 the real estate cadastre documents have a common border and within which there are engineering and technical support networks, other infrastructure elements that are intended for joint use by the owners of premises in these houses;

2) a housing cooperative or other specialized consumer cooperative 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 shall have the right to carry out the formation of a capital repair fund only on one special account. A special account can accumulate funds from the fund for capital repairs of premises owners in only one apartment building.

5. The special account agreement is open-ended.

6. The funds in a special account cannot be foreclosed 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 overhaul or on another legal basis.

Article 176. Features of opening and closing a special account

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

2. A special account may be opened with Russian credit institutions, the amount of equity (capital) of which is 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 made in the minutes of the general meeting of owners of premises in an apartment building to change the method of forming a capital repair fund, to replace the owner of a special account or a credit institution, provided that there are no outstanding debts received in this a credit institution a loan for overhaul of common property in an apartment building.

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

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

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

5. The owner of the 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 owner of the special account does not terminate the special account agreement or does not submit an application for transferring the balance of funds in 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 period established this part, any owner of premises in an apartment building, and in the case provided for in paragraph 1 of part 4 of this article, the regional operator also has the right to apply to the court with an application for the collection of funds in the special account of this apartment building, with their transfer to another special account or to the account of a regional operator.

Article 177. Execution of operations with 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 for the overhaul of common property in an apartment building and settlements for other services and (or) work specified in part 1 of Article 174 of this Code;

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

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

5) crediting of 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 in this special account, in the cases provided for by part 2 of Article 174 of this Code;

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

2. Operations on a special account 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, shall be obliged to ensure that the operations performed on the special account comply with the requirements of this Code.

4. Operations for the transfer of funds from a special account may be carried out by the bank at the direction of the owner of the special account to the persons providing services and (or) performing work on the overhaul of common property in an apartment building, subject to the following documents:

1) the 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 major repairs of common property in an apartment building;

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

3) an act of acceptance of services rendered and (or) work performed under the contract specified in clause 2 of this part. Such an acceptance certificate is not provided in the event of an operation to pay an advance 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 write off funds from a special account for the return of loans, borrowings and for the payment of interest on loans, loans received for the overhaul of common property in an apartment building can be carried out by the bank by order 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 to conclude a loan agreement, a loan agreement with the bank, lender, respectively, indicating these banks, lenders, the amount and purpose of the loan, loan;

2) credit agreement, loan agreement.

6. The bank refuses to execute the order of the holder of the special account on the performance of the corresponding operation, in support of which the documents specified in parts 4 and 5 of this article have not been submitted.

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

Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS

REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL

GENERAL CAPITAL REPAIR FINANCING OPERATOR

PROPERTY IN APARTMENT BUILDINGS

Article 178. Legal status of a regional operator

1. A regional operator is a legal entity created in the organizational and legal form of a foundation.

2. A regional operator is created by a constituent entity of the Russian Federation, and it can 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 capital business entities, property of other commercial and non-commercial organizations.

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

6. The constituent entity of the Russian Federation bears subsidiary responsibility for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.

7. Methodological support of the activities of regional operators (including the development of guidelines for the creation of regional operators and the provision of their activities, recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body responsible for the development and implementation of 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 (except for state technical accounting and technical inventory of capital construction objects) 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, which form capital repair funds on the account of the regional operator;

3) other sources not prohibited by law.

2. The property of the regional operator is used to perform its functions in the manner 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 constituent entity of the Russian Federation and other regulatory legal acts of the constituent entity of the Russian Federation.

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

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

Article 180. Functions of the regional operator

1. The functions of the regional operator are:

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

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

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

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

5) interaction with state authorities of the constituent entity of the Russian Federation and local self-government bodies in order to ensure timely overhaul of common property in apartment buildings, the owners of the premises in which form capital repair funds on the account of the regional operator;

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

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

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

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

2. Under an agreement on the formation of a capital repair fund and on the organization of capital repairs, the owner of the premises in an apartment building on a monthly basis, within the timeframes established in accordance with Article 171 of this Code, and in full undertakes to pay contributions for major repairs to the account of the regional operator, and the regional operator undertakes ensure the overhaul of the common property in this apartment building within the timeframes determined by the regional overhaul program, the financing of such overhaul and, in the cases provided for by this Code, transfer funds in the amount of the overhaul fund to a special account or pay cash to the owners of premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.

3. In the cases provided for in part 7 of Article 170 of this Code, the regional operator, within ten days after the local government takes a decision on the formation of a capital repair fund in relation to an apartment building on the account of a 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. In the event that, prior to the onset of the deadline for the overhaul of common property in an apartment building established by the regional overhaul program, separate overhaul of the common property in this apartment building, provided for by the regional overhaul program, was carried out, payment for these works was carried out without using the budget funds and funds of the regional operator and, at the same time, in the procedure for establishing the need for major repairs of common property in an apartment building, repeated execution of these works within the time period established by the regional capital repair program is not required, funds in an amount equal to the cost of these works, but not exceeding the amount the marginal cost of these works, determined in accordance with part 4 of Article 190 of this Code, are set off in the manner prescribed by the law of the constituent entity of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for capital repairs by owners of premises in apartment buildings, which form capital repair funds on the account of the regional operator.

Article 182. Obligations of the regional operator to organize the overhaul of common property in apartment buildings

1. The regional operator provides for the overhaul of common property in an apartment building, the owners of the premises in which form a fund for overhaul on the account of the regional operator, in the amount and within the time frame provided for by the regional overhaul program, and financing the overhaul of common property in an apartment building, including in the case of insufficient funds from the capital repair fund, at the expense of funds received from payments by 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 ) of the local budget.

2. The regional operator, in order to ensure the performance of work on the overhaul of common property in an apartment building, must:

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

2) ensure the preparation of an assignment for the provision of services and (or) the performance of work on overhaul and, if necessary, the preparation of design documentation for overhaul, approve the design documentation, be responsible for its quality and compliance with requirements technical regulations, standards and other normative documents;

3) involve contractors for the provision of services and (or) performance of work on capital repairs, conclude appropriate contracts with them on its own behalf;

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

5) carry out the acceptance of the work performed;

6) bear other obligations stipulated by the agreement on the formation of a capital repair fund and on the organization of capital repairs.

3. To perform work requiring a certificate of admission to work issued by a self-regulatory organization that affects the safety of capital construction facilities, the regional operator is obliged to involve in the performance of such work individual entrepreneur or entity having 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 repair funds on the account, accounts of a regional operator, may be carried out by local governments and (or) municipal budgetary institutions on the basis of an appropriate agreement concluded with a regional operator.

5. The procedure for the involvement of a regional operator, including in the cases provided for in part 3 of this article, by local government bodies, municipal budgetary institutions of contractors 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 is liable to the owners of premises in an apartment building that form a capital repair fund on the regional operator's account for non-fulfillment or improper fulfillment of obligations under the agreement on the formation of a capital repair fund and on the organization of capital repairs, as well as for the consequences of non-fulfillment or improper fulfillment obligations to carry out major repairs by contractors engaged by a 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 size of the capital repair 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 of capital repair funds by a regional operator

1. The regional operator keeps records of the funds received on the account of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings, which form capital repair funds on the account, the accounts of the regional operator (hereinafter referred to as the capital repair funds accounting system). Such records are kept separately for the funds of each owner of premises in an apartment building. Such records can be kept in electronic form.

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

1) the amount of accrued and paid contributions for capital repairs by each owner of the premises in an apartment building, arrears in 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 payment by installments for services and (or) work on overhaul of common property in an apartment building;

3) the amount of debt for the services provided and (or) the work performed for the overhaul of common property in an apartment building.

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

Article 184. Refund of capital repair fund resources

In the event that an apartment building is recognized as emergency and subject to demolition or reconstruction, the regional operator is obliged to send funds from the capital repair fund for the purpose of demolishing or reconstructing this apartment building in accordance with parts 10 and 11 of Article 32 of this Code on the basis of the decision of the owners of premises in this apartment building on its demolition or reconstruction in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation. In the case of seizure for state or municipal needs of a land plot on which an apartment building is located, and, accordingly, seizure of each residential premises in this apartment building, with the exception of residential premises belonging to the ownership of the Russian Federation, a constituent entity of the Russian Federation or a municipal formation, the regional operator in the procedure established by a regulatory legal act of a constituent entity of the Russian Federation is obliged to pay the owners of premises in this apartment building the capital repair fund funds in proportion to the amount of contributions paid by them for major repairs and the amount of the said contributions paid by the previous owners of the corresponding premises in this apartment building. In this case, the owners of premises in an apartment building retain the right to receive the redemption price for the seized residential premises and other rights provided for in Article 32 of this Code.

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

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

2. The amount of funds that the regional operator has the right to spend annually on financing 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 the share of the volume of contributions for major 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 constituent entity of the Russian Federation.

3. Additional requirements for ensuring the financial stability of a regional operator's activities 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 established requirements carried out by the authorized executive body of the constituent entity of the Russian Federation in the manner established by the highest executive body of state power of the constituent entity of the Russian Federation.

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

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

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

3. Bodies of state financial control of constituent entities of the Russian Federation and bodies of municipal financial control of municipalities, Chamber of Accounts Of the Russian Federation, the control and accounting and financial bodies of the constituent entities of the Russian Federation and municipalities exercise financial control over the use by the regional operator of the funds of the respective budgets in the manner established by the budgetary legislation of the Russian Federation.

Article 187. Reporting and audit of a regional operator

2. A decision to conduct an audit, approval of a contract with an audit organization (auditor) is 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 the 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 the owners of premises in apartment buildings, which form capital repair funds on the account of the regional operator.

3. The regional operator, no later than five days from the date of submission of the audit report by the audit organization (auditor), is obliged to send a copy of the audit report to the federal executive body 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 objects) 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 APARTMENT BUILDING

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

1. 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, except for the cases provided for in part 6 of this article.

2. The owners of premises in an apartment building at any time have the right to make a decision on overhaul of common property in an apartment building at the suggestion of a person who manages an apartment building or provides services and (or) works on the maintenance and repair of common property in an apartment building, regional operator or on his own initiative.

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

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

5. By a 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 shall be determined or approved:

1) a list of overhaul works;

2) estimate of expenses for major repairs;

3) the timing of the overhaul;

4) sources of financing for capital repairs.

6. In the event that, within the time period specified in part 4 of this article, the owners of premises in an apartment building, which form a capital repair fund on the account of a regional operator, did not decide to carry out capital repairs of common property in this apartment building, the local government takes a decision to carry 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 a fund for overhaul on a special account, was not carried out within the time period stipulated 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 the special account is obliged to transfer the funds in the special account to the account of the regional operator within one month from the date of receipt of such a decision from the local government. The decision to overhaul the common property in this apartment building is taken in accordance with parts 3 - 6 of this article. If the owner of the special account has not transferred the funds in the special account to the account of the regional operator within the time period established by this part, the regional operator, any owner of the premises in an apartment building, local government body has the right to apply to the court with an application for the collection of funds, located on a special account, with their transfer to the account of a regional operator.

Article 190. Financing the costs of capital repairs of common property in an apartment building

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 fund for overhaul on the account of the regional operator.

2. The basis for the transfer of funds by the regional operator under an agreement for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is the acceptance certificate of the work performed (except for the case specified in part 3 of this article). Such an act of acceptance must be agreed with the local government body, as well as with a person 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. A regional operator may pay as an advance no more than thirty percent of the cost of the corresponding type of work on overhaul of common property in an apartment building, including work on the development of design documentation or certain types of work on overhaul of common property in an apartment building.

4. The amount of the marginal cost of services and (or) work on the overhaul of common property in an apartment building, which can be paid by the regional operator at the expense of the fund for overhaul, formed based on the minimum contribution for overhaul, is determined by the regulatory legal act of the constituent entity of the Russian Federation. The excess of this marginal cost, as well as payment for services and (or) work not specified in part 1 of Article 166 of this Code and the regulatory legal act of the 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 an apartment building, paid in the form of a contribution for major repairs in excess of the minimum contribution for major repairs.

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

1. Funding for the overhaul of common property in apartment buildings can be carried out using measures of financial support provided to homeowners' associations, housing, housing and construction cooperatives or other specialized consumer cooperatives created in accordance with the Housing Code of the Russian Federation, managing organizations, regional to operators at the expense of the federal budget, funds of the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the conditions that are provided, respectively, by federal laws, laws of 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 capital repair programs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund. "

Subparagraph 61 of paragraph 2 of Article 26.3 Federal Law of October 6, 1999 N 184-FZ "On general principles organizations of legislative (representative) and executive bodies state power of the constituent entities of the Russian Federation "(Collected Legislation of the Russian Federation, 1999, N 42, Art. 5005; 2003, N 27, Art. 2709; 2005, N 1, Art. 17, 25; 2006, N 1, Art. 10; 23, Art. 2380; N 30, Art. 3287; N 31, Art. 3452; N 44, Art. 4537; N 50, Art. 5279; 2007, N 1, Art. 21; N 13, Art. 1464 ; N 21, Art. 2455; N 30, Art. 3747, 3805, 3808; N 43, Art. 5084; N 46, Art. 5553; 2008, N 29, Art. 3418; N 30, Art. 3613, 3616 ; N 48, Art. 5516; N 52, Art. 6236; 2009, N 48, Art. 5711; N 51, Art. 6163; 2010, N 15, Art. 1736; N 31, Art. 4160; N 41, Art.5190; N 46, Art.5918; N 47, Art 6030, 6031; N 49, Art 6409; N 52, Art 6984; 2011, N 17, Art 2310; N 27, Art 3881; N 29, Art. 4283; N 30, Art. 4572, 4590, 4594; N 48, Art. 6727, 6732; N 49, Art. 7039, 7042; N 50, Art. 7359; 2012, N 10, Art. 1158, 1163; No. 18, Art. 2126; No. 31, Art. 4326; Russian newspaper, 2012, December 7) add the words ", regulation of 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 work (services) to perform the functions of a technical customer for the overhaul of common property in apartment buildings, carried out (provided) 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 authorities and (or) municipal budgetary institutions in the cases provided for by the Housing Code of the Russian Federation ";

2) Clause 3 of Article 162 shall be stated in the following wording:

"3. The tax base does not include:

1) funds received by management organizations, homeowners' associations, housing construction, housing or other specialized consumer cooperatives, created in order to meet the needs of citizens for housing and are responsible for the maintenance of in-house engineering systems, with the use of which utilities 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 capital repairs of common property in apartment buildings;

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

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

a) supplement with a new paragraph six of the following content:

“In the form of budget funds allocated for equity financing of capital repairs of common property in apartment buildings in accordance with the Housing Code of the Russian Federation to homeowners' associations, housing, housing and construction cooperatives or other specialized consumer cooperatives created and managing apartment buildings in accordance with The 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 shall be considered, respectively, paragraphs seventh - twenty-first;

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 The real estate market is very [...]

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