1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.
2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.
3. The obligation to pay the expenses for the overhaul of an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of capital repairs of the apartment building, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs, passes to the new owner.
4. If the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance of residential premises, such an amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local self-government bodies of intracity municipalities).
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.
(as amended by Federal Laws No. 271-FZ of December 25, 2012, No. 417-FZ of December 28, 2013, and No. 176-FZ of June 29, 2015)
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.
(Part 1.1 was introduced by Federal Law No. 417-FZ of December 28, 2013)
2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.
(Part 2 as amended by Federal Law No. 271-FZ of December 25, 2012)
3. The obligation to pay the expenses for the overhaul of common property in an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, with the exception of such an obligation not fulfilled The Russian Federation, a constituent entity of the Russian Federation or a municipality that is the previous owner of the premises in an apartment building.
(Part 3 as amended by Federal Law No. 257-FZ of July 29, 2017)
4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of a method for managing an apartment building, a decision to establish the amount of payment for the maintenance of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. - Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities) taking into account the methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. The limit indices for changing the amount of payment for the maintenance of residential premises in these cases are determined by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. that these powers are exercised by local governments of intracity municipalities) in accordance with the specified methodological recommendations.
Many people believe that if the meeting has not made a decision on the amount of the fee for the CRP, then the TARIFF set by the local authorities is taken, although it is intended for a completely different category of houses (which have not chosen a method of management)
In fact, the law does not indicate the application of TARIFFS, but the establishment of the SIZE
Size - a purely individualized value - for each house OWN
I recently received a letter - Help! I answer - describe the Resolution to me. In response: OK, I am sending the Resolution. I'm hammering mine - I don't even know what is written in the cap. It is necessary to get a grasp of it... It is very difficult to get a grasp of it... I have learned to penetrate the meaning of bureaucratic texts by describing them. I suggest you describe. - In response, Yes, I will describe it? - Patiently bending my own - as soon as you try to describe with your fingers, YOU WILL IMMEDIATELY SEE that it does not concern you ... There are about TARIFFS that are for the category (for a group) of houses ... Well, what can I say, the dialogue lasted 10 days. Describe - in no . Then - as often happens - disappearance. Understood - it's better to lose some 60 thousand than to spend 10 minutes to comprehend the meaning of what was written
Six months ago - there is a suspicion that it was read - the Deputy Director of the Department wrote a LETTER about the same
So spell it again
If the owners at their meeting HAVE NOT DECIDED on the AMOUNT OF PAYMENT
then the local self-government organization intervenes in the situation
HE HOLDS A COMPETITION
Vwithin the framework of bankruptcy proceedings, the AMOUNT OF THE PAYMENT will be assigned
and sodocument of the Ministry of Construction and Housing and Public Utilities about this
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES
FARMS OF THE RUSSIAN FEDERATION
LETTER
(Extract)
Such an approach will fully take into account the structural elements of each apartment building, the presence and composition of in-house engineering systems, the availability of a land plot on which the apartment building is located, landscaping and landscaping elements, as well as other facilities intended for the maintenance and operation of this apartment building, geodetic and natural and climatic conditions of the location of the apartment building, which ultimately will properly affect the quality of service of the apartment building, in accordance with the legal requirements of the owners of the premises of this building.
If local authorities establish the amount of payment for the maintenance and repair of residential premises to owners of premises based on groups of apartment buildings, such payment may not take into account the characteristics of a particular apartment building.
If the local authorities establish for the owners of the premises the amount of the fee for the maintenance and repair of the dwelling based on the necessary services established in the amount of at least the minimum list, such a fee is more cost-effective to manage for each apartment building.
Based on the foregoing, as well as in order to implement paragraph 35 of Rules N 491, we believe it is possible, when local governments establish the amount of payment for the maintenance and repair of common property to owners of premises of apartment buildings in accordance with part 4 of Article 158 of the HC RF, for the maintenance and repair of common property, to use the approach to establish such a fee based on from specific types of services and works established by the owners of the premises, taking into account the provisions of Rules N 491, the Minimum List and other regulatory legal acts that establish requirements for the maintenance of the common property of the owners of the premises (including sanitary and epidemiological welfare of the population, technical regulation, consumer protection ).
Deputy Director of the Department
housing and communal services
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.
2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.
3. The obligation to pay the expenses for the overhaul of common property in an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, with the exception of such an obligation not fulfilled The Russian Federation, a constituent entity of the Russian Federation or a municipality that is the previous owner of the premises in an apartment building.
4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of a method for managing an apartment building, a decision to establish the amount of payment for the maintenance of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. - Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities) taking into account the methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. The limit indices for changing the amount of payment for the maintenance of residential premises in these cases are determined by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. that these powers are exercised by local governments of intracity municipalities) in accordance with the specified methodological recommendations.
Article 158 of the LC RF. Expenses for owners of premises in an apartment building
1. The owner of premises in an apartment building shall be obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance of residential premises, contributions for major repairs . Payment of additional contributions intended to finance the costs of major repairs of common property in an apartment building is carried out by the owners of premises in an apartment building in the case provided for by Part 1.1 of this article.
1.1. In the event that the owners of premises in an apartment building, who form a capital repair fund on the account of a regional operator, make a decision to carry out a major overhaul of common property in an apartment building and at the same time it is impossible to use the funds of the capital repair fund to finance services and (or) work on capital repairs, provided for by the decision of the owners of premises in an apartment building, within the time limits specified by the decision, the owners of premises in this house have the right to take a decision at a general meeting of owners of premises in this house on an additional contribution to pay for the specified services and (or) works and the procedure for its payment. At the same time, the payment of such payments cannot begin earlier than three calendar months before the deadline for the performance of the specified services and (or) works provided for by the contract. The use of funds generated from additional contributions is carried out in the manner established by the decision of the general meeting of owners of premises in an apartment building.
2. Expenses for major repairs of common property in an apartment building are financed from the capital repairs fund and other sources not prohibited by law.
3. The obligation to pay the expenses for the overhaul of common property in an apartment building applies to all owners of premises in this house from the moment the right of ownership to premises in this house arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs of common property in the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for major repairs, with the exception of such an obligation not fulfilled The Russian Federation, a constituent entity of the Russian Federation or a municipality that is the previous owner of the premises in an apartment building.
4. If the owners of premises in an apartment building at their general meeting did not decide on the choice of a method for managing an apartment building, a decision to establish the amount of payment for the maintenance of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. - Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities) taking into account the methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services. The limit indices for changing the amount of payment for the maintenance of residential premises in these cases are determined by the local government (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. that these powers are exercised by local governments of intracity municipalities) in accordance with the specified methodological recommendations.
Return to document table of contents: Housing Code of the Russian Federation(with comments)
Comments on article 158 of the LC RF, judicial practice of application
The unfulfilled obligation to carry out major repairs lies with the authority - the former landlord
The "Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2007", approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of 08/01/2007, includes an answer to the question:
"Does the former landlord - the owner of the residential premises of the state housing stock or municipal housing stock, upon privatization of residential premises by citizens, retain the obligation to carry out a major overhaul of the residential premises of an apartment building that require major repairs at the time of privatization"?
The Supreme Court of the Russian Federation stated the following.
"According to Article 16 of the Law of the Russian Federation "On Privatization of the Housing Stock in the Russian Federation", the privatization of residential premises occupied by citizens in houses requiring major repairs is carried out in accordance with the said Law. At the same time, the former landlord retains the obligation to make major repairs to the house in accordance with the norms maintenance, operation and repair of housing stock.
It follows from this norm that the obligation to overhaul the residential premises of an apartment building, which arose from the former landlord (state authority or local self-government body) and was not fulfilled by him at the time of privatization by a citizen of the residential premises occupied in this house, remains until the obligation is fulfilled.
Since March 1, 2005, the Housing Code of the Russian Federation, Art. 158 of which provides that the owner of premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance and repair of residential premises .
The norm that imposes on the owner the obligation to maintain the property belonging to him is also contained in Art. 210 of the Civil Code of the Russian Federation.
Based on a systemic interpretation of Art. 16 of the above Law, art. 158 LCD RF and art. 210 of the Civil Code of the Russian Federation, after the former landlord fulfills the obligation to overhaul residential premises, as well as common property in an apartment building, the obligation to carry out subsequent major repairs lies with the owners of residential premises, including citizens who have privatized residential premises.
Publications on the site:
Payment for the maintenance and repair by the owners of non-residential premises
Maintenance and repair of common property in an apartment building, which contains answers to the questions:
- Does the owner of non-residential premises have to pay for the maintenance and repair of common property?
- Who determines how much to pay for maintenance and repairs?
- If there is no maintenance and repair agreement with a service organization?
- Who is the proper defendant in the claim for the recovery of payment for the maintenance and repair of non-residential premises?
Most of the answers to questions about debt collection for housing and communal services can be found in the review "Judicial practice of debt collection for housing and communal services (rent). Court decisions, comments." This review contains links to samples of statements of claim for the collection of arrears in payment for housing and communal services.