Every citizen of the Russian Federation knows aboutwhat constitutes the overhaul fee. However, not everyone thinks about what this board is going to. For what each of us monthly gives a certain amount of money in the housing office? How should a major overhaul of an apartment building take place, and how is it really going? All these questions will be answered in the article.
Each multi-storey building will start sooner or laterwear. In order to prevent an emergency, buildings must be repaired and modernized in a timely manner. Naturally, the necessary amount of money for repairs will not be taken from nowhere. Therefore, residents themselves are obliged to pay for repairs.
Before giving a description of legalaspects of the law regulating the repair of buildings, it is necessary to tell a little more detail about what is included in the system overhaul. What procedures and functional responsibilities of the housing department can be distinguished here? If we are talking about the minimum set of services and responsibilities of a housing company, then the following functions should be highlighted:
Thus, the overhaul of an apartment building includes a fairly large number of various works.
Сразу стоит отметить, что на данный момент в Russia does not have a single bill entirely dedicated to the overhaul. All functional duties that are connected in the overhaul of apartment buildings are regulated by a variety of laws and regulations. Here and individual points of federal bills, and certain judicial decisions, and some articles of the Housing Code of the Russian Federation. However, the largest and most well-known law is still worth highlighting: it is Federal Law No. 271 - on amendments to the Russian Housing Code.
Until 2012, everything was in the field of housingvery bad. Confusion was made up of both numerous legal contradictions and the lack of a clear system of laws that could regulate the repair of houses. Of course, there was a Housing Code. However, before the appearance in December 2012 of the Federal Law No. 271 and with it everything was not as it should be.
Какие изменения последовали с началом действия submitted normative act? The main thing that would be worth mentioning here is that the cost of major repairs began to be charged to citizens (before that, the authorities were fully engaged in repairs). Good or not - a moot point. However, it is hardly possible to deny the fact that the system of contributions and performance has become more convenient. But has it become fairer and better? Attempts to find an answer to this question will be indicated below.
As you know, everything is relative. And therefore it is worth taking a little bit of the past and try to remember how the overhaul system operated earlier.
Back in Soviet times, the roof of houses stableit was renewed every 15 years, the foundation was repaired every 25 years, and it was occupied with roofs for housing and utilities every year. In principle, to this day, especially nothing has changed. Any housing company sets such deadlines. If the work is not carried out, the building will simply acquire an emergency condition, and ultimately collapse.
In the USSR, the overhaul of apartment buildings entirelylay on the power structures. All buildings were in state ownership. Citizens were required to pay a certain amount of money in a timely manner, and the municipality carried out all the necessary construction and repair work. However, with the beginning of privatization caused by the collapse of the Soviet power, most of the buildings passed into the hands of private owners. From now on, tenants have ceased to pay local governments.
Полнейшая неразбериха продолжалась до начала 2000 of the year. Many houses became obsolete, becoming alert and uninhabitable. That is why the authorities decided to take more courageous measures. An overhaul program was developed. A little later followed the law on the overhaul of apartment buildings. Residents are obliged to pay 5% of the amount necessary for the implementation of the transformation of housing. However, the general trend has not acquired a positive color: to this day, many houses simply remain without maintenance.
Russian authorities should pay attention toEuropean practice, which provides for the obligation of each tenant to create the so-called repair capital. A certain amount of money is collected, which is subsequently sent for housing conversion. The advantage of such a system is obvious: all actions with finances remain visible to every person. There are strict statements that allow you to spend money strictly for the purpose; not a single penny can go into someone’s pocket.
However, in the Russian Federation suchthe scheme would be applied with great difficulty. The main obstacle here is ordinary poverty of the population. Many citizens simply could not make timely payments because of the banal lack of finance. And what is the current system?
The authorities have developed a thirty-year plan.(it will act until 2042), according to which, the municipality is involved in fundraising. The same authority makes the schedule of repair work for each individual house. The law on the overhaul of apartment buildings (Federal Law No. 271) states that it is necessary to pay a sum of money equal to at least 15 rubles for a housing unit.2. Certainly, the authorities say about "incredibleefficiency of the created system "and" thousands of quality renovated houses ". Do these statements correspond to today's realities? Every citizen must answer this question himself. As a" supporting material "we can cite several abstracts from the corresponding bill.
Every citizen should remember about their housingrights - one has only to open the Housing Code and read some of its provisions. Below are the main theses of what constitutes a fee for an overhaul. The law speaks of the following points:
The bill also states the main types of benefits that must be taken into account by local authorities. This will be discussed below.
According to Federal Law No. 271, certain groups of citizens have the right to a number of exemptions. Thus, some persons, which will be discussed further, are able to pay the tariff not in full.
What specific categories of citizens are we talking about? The following citizens may be exempted from overhaul fees:
This also includes some other categories of citizens. All of them are registered in the Federal Law No. 271.
The fee for major repairs of the house is composed ofmany different aspects. It is worth highlighting the size of the housing, the type of structure, and the presence of certain housing elements (such as an elevator, landings, etc.).
Thus, the content of housing and communal authorities includes the following minimum:
If the buildings have some kind of peculiarequipment, or if they are located in uncomfortable territories, the levy of capital repairs may be slightly higher than the established norm. It is also necessary to talk about how the specificity of a residential building affects the cost of major repairs. The law regulates the following points:
Thus, the type of housing also significantly affects the cost of repairs.
Oddly enough, many citizens simplyrefuse to pay overhaul tariffs. To do this, they find many different reasons: this is an unfair distribution of finances, and the lack of some kind of “return” from the municipality (after all, often residents simply don’t see any repairs), and poor-quality repairs. Moreover, some people even wonder whether the overhaul fee is legal.
One way or another, the state does not likedefaulters, and therefore seeks in every possible way to fight them through the imposition of sanctions. What consequences can a citizen who refuses to pay for the services of housing and utilities companies be overtaken? The simplest ones are fines according to the bank refinancing rate. This means that a person is obliged to cover overdue payments with another 15% of the required amount of money.
If the case even reaches the court, then the following measures can be taken with respect to a citizen:
The simplest example here may look like this: a citizen owns an apartment of 50 m2; citizen debt - 3 thousandrubles for delays of 30 days. The municipality awards a fine of 45 rubles. For a year, a fine can grow up to 800 rubles. Thus, no matter what opinion a citizen may have about the capital repair system, it will still be necessary to pay the necessary amount of money on time.
Disputes surrounding the built-in system for paying for capital repairs have been ongoing for a long time. What is the opinion of most experts?
The real situation, according to the majorityexperts can not be called optimistic. On the one hand, the existing system of payment for major repairs is almost impossible to change: a thirty-year plan has been adopted, and therefore for a long time all the problems mentioned above will be unresolved. The absence of banal transparency in the scheme, the fight against poor-quality repair work, public control - all this can be fully implemented, except perhaps with the European system of payment for overhaul. However, such a system cannot yet be effectively applied in the current realities: the level of poverty is still high.
What could be the solution?The best option is HOA. A new house has been built in a specific area. The overhaul fee is the same as everywhere else. Since the district was recently equipped, residents do not see any reason to give money to the municipality for no reason. That is why citizens decide to arrange a partnership of housing owners. From now on, all payments become transparent and visible to most residents.
Naturally, under such conditions, it canthere are a lot of problems. HOA can be organized only if there are truly competent and active chairpersons of the home. If any, the question will be about the partnership budget. Many will immediately have a question: is the payment for a major overhaul mandatory? The answer is definitely positive. Every citizen who is part of the partnership should contribute to the development of the housing structure and maintaining it in a “healthy” state.
