Payments for major repairs are not coming - is it possible not to pay?
Even when you don’t receive any bills, you will definitely have to make monthly contributions (except for the cases described in the previous part of the article).
Please note that if the receipt arrived late due to external factors (the post office was slow or due to a regional service), then no penalty should be charged. If this happens, you can go to court to appeal against such illegal actions.
We recommend, first of all, one dedicated to housing and communal services reform. Select your region from the list of administrative units, then view the list of addresses that participate in the program. Perhaps the program does not apply to the house you are interested in - that is why receipts for major repairs are not received.
Who has benefits
The right to compensate 50% of contributions for major repairs from the budget is granted to:
— Disabled people of groups 1-2, “Chernobyl survivors,” combat veterans, WWII participants and categories equivalent to them — they enjoy federal benefits for paying for major repairs, regardless of their place of residence.
In addition, the authorities of the constituent entities of the Russian Federation at their level provide 50% compensation for the cost of major repairs:
- homeowners who have reached the age of 70, do not work and live alone or with family members who are pensioners or non-working disabled people of groups 1-2,
- labor veterans and other categories of beneficiaries, the list of which is determined at the level of each region - therefore may vary depending on where a person lives.
The following have the right to 100% compensation of contributions for major repairs:
- non-working homeowners who are over 80 years old - provided that they live alone or live together with pensioners or non-working disabled people of groups 1-2 -
as well as Heroes of Russia, the Soviet Union, full holders of the Order of Glory and family members living with them .
But I would like to draw your attention to the fact that the above-mentioned compensations are calculated not from the actual amount of the contribution for major repairs, which is accrued to the beneficiary, but within the limits of the regional standard for the standard area of living space.
This standard is approved at the level of each subject of the Russian Federation, and therefore may vary depending on the region where the beneficiary lives.
For example, in Moscow this standard is 33 square meters. m for a person living alone, 42 sq. m for a family of two and 18 sq. m - for each family member, if there are three or more people in it.
Accordingly, an 80-year-old owner living alone is exempt from contributions for major repairs if the area of his home does not exceed 33 square meters. meters (for an area that exceeds this standard, you will have to pay fees).
How to find out the amount owed?
When payments are not received after a long time, then, after determining the reasons, you have to find out the amount of the debt. For this purpose, it is best to contact the regional service in the following ways:
- Ask your neighbors for a receipt. The document contains contact information;
- You can call back the management company that services your home;
- View information on (block “Where to contact”).
In addition, if the regional representative office has its own online resource, then it is possible to pay off the debt directly on it. But for this you will need to go through a simple registration procedure. You can also print a receipt for major repairs there.
Be vigilant when paying using the details indicated on a payment card that was “planted” on you - stuck in the door or simply thrown near the apartment. Fraudsters often do this to scam people out of money. If in doubt, it is better to contact the local overhaul service (methods listed above) and clarify the details.
If you haven’t received the receipts, can you not pay?
If the house you live in is included in the program and you are the owner of the apartment, you will still have to pay .
However, if the delay in payment of contributions was not due to your fault (delay in delivery of receipts due to the fault of the regional operator or an organization authorized by it), then they have no right to charge you a penalty.
How do I know if my home is included in the renovation program? To do this, you can also use the website Reform Housing and Communal Services.Ru, specially created by the Government of the Russian Federation in order to inform the population about issues related to the housing and communal services sector.
Go to the “Major Repairs” section, then to “Regional Capital Repair Programs”, indicate your subject of the federation and find the address of your home.
Here you will find all the information about the planned activities for the major renovation of the building in which your apartment is located.
Consequences of debts for major repairs
If homeowners are among the people who are required to pay for major repairs but have not done so for more than 6 months , they are accumulating debt that could lead to litigation.
Like any utility debts, late payments for major repairs lead to the accrual of penalties and further forced collection.
There is now a simplified system for collecting debts for housing and communal services. But if the amount of debt does not exceed 500 thousand rubles.
The TSN administration is filing a claim. Based on the documents provided without inviting the parties to the court hearing. A court order is prepared within up to 5 working days. In practice, this means that the debtor actually learns about the court decision and cannot provide his own arguments.
Collection through the bailiff service
The debtor will have to pay court costs and bailiff services. Bailiffs can block bank accounts and cards . Open records of bailiffs appear in public databases. They can be checked by other citizens and banking organizations. Even a relatively small debt can cause a refusal to apply for a loan or mortgage.
If a person is sure that he does not have to pay for major repairs, he can deprivatize the apartment. That is, return it to state or departmental disposal. Then the responsibility to pay for major repairs will be assigned to local authorities. And the citizen will retain the right of residence at the place of registration.
Important! But at the same time, a tenant without ownership rights cannot dispose of the property. That is, to bequeath, donate, sell and in other ways determine the fate of residential premises.
Thus, it is better for homeowners to pay all utility bills on time, including contributions for major repairs, in order to prevent administrative and legal consequences. If the owner of the apartment has the appropriate benefits or is going to apply for a subsidy to compensate for the costs of paying for utilities, then you need to submit an application to the management company or the MFC.
Useful video
About savings accounts:
Do it at your own expense, lawyer's comment:
Dear readers! To solve your problem right now, get a free consultation
— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:
What subsidies are provided for low-income citizens?
Citizens who are classified as beneficiaries can receive compensation for payments already made to the capital repair account if they write a special application. Usually the amount is partially compensated and is in the range of 18%-20%. But for everything to go well, you need to draw up the application correctly and submit it on time.
The same story applies to submitting an application to cancel payments for major repairs. If you are included in the category of beneficiaries and can receive an exemption from the funds in question, it is necessary for the regional authorities to consider your case and make a decision. To do this, a document must be drawn up - an application for cancellation of payment. And in order to correctly draw up an application, you can use a sample of the document in question.
In what cases is the owner exempt from payment?
According to the Housing Code of the Russian Federation, homeowners in apartment buildings are exempt from payments to the capital fund in certain situations. They are listed below:
- The house was declared unsafe according to the conclusion of independent experts. It can be obtained from local government bodies (administration);
- when the land plot on which the building is located is seized by municipal or government agencies for serious reasons (for example, during global sporting events, a large number of sleeping places for tourists are needed. As a result, the state appropriates the land of some hotel complexes).
Does the debt pass to the new home owner or not?
All debts incurred by the previous owners of the property are transferred to the new owners.
This point is recorded in Part 3 of Article 158 of the Housing Code of the Russian Federation
Sometimes there is a conflict between the parties' arguments.
. The reason for this is Article 210 of the Civil Code of the Russian Federation: according to it, utility debts are assigned to the individual under whom they arose.
But in the already mentioned 158th Art. The term “contributions for major repairs” is isolated in the residential complex, therefore, regarding it, the provisions of Article 210 must be applied. GK is not allowed.
Important! Contacting the police or courts is completely pointless: it is the current owner who is legally obligated to pay the required amount.
In view of all that has been said, the following advice is appropriate: carefully study the purchase and sale agreement - it must contain information about the status of the personal account
. In addition, require the landlord to provide a document confirming the absence of debts.
Where are the paid funds stored and what are they spent on?
Funds collected from owners for major repairs are collected in a special account and in the future can be used for general house needs. Apartment owners can enter into a written agreement with the selected service organization so that all transferred finances go to its account. This institution assumes responsibility for storing funds, and distribution occurs with the participation of the owners themselves.
Attention: To store finances in this way, a unanimous decision of all homeowners in the house must be made.
Apartment owners can also order the transfer of funds to the account of the regional capital repair fund. This option applies when no contract has been concluded with the service company. Responsibility for the distribution of funds rests with local governments, not residents.
Regardless of the chosen fundraising option, payment for major repairs must be made no later than the 10th day of each month.
What are the contributions spent on?
Money collected in a certain way can be spent on restoring the common areas of the building. These types of work include:
- repairing water, gas or electricity supplies;
- troubleshooting sewerage problems;
- installation or replacement of elevator equipment;
- façade repairs, including roof and foundation;
- maintaining order in the basements of the house (if they have undergone the privatization procedure);
- waste removal;
- cleaning the area around the building.
Important: All this work is not carried out monthly. They are carried out when the need arises and taking into account seasonality. For example, it is best to replace or repair a roof in the summer.
