Design and installation of major repairs in non-residential buildings in Moscow

Major repairs mean the replacement or restoration of building structures, systems and networks of engineering support, or the replacement or restoration of individual elements of load-bearing structures. Such construction work may fall under the concept of reconstruction, redevelopment or refurbishment of a building.

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If during the overhaul the characteristics of the object change, the construction work must be approved or legalized. For this purpose, design, approval by authorized departments, and cadastral registration of changes are carried out.

What is a major overhaul, its features, regulations, how a design project and construction installation are carried out - more details in the article.

What is a major overhaul of a facility?

Major repairs of real estate are subject to the norms of the Town Planning Code of the Russian Federation (GrK RF). In accordance with Art. 1 of the Civil Code of the Russian Federation, major repairs of residential and non-residential facilities may include:

replacement or restoration of building structures or their elements (except for load-bearing structures);
replacement or restoration of building utility systems or networks;
replacement or restoration of individual elements of load-bearing structures with similar or improving basic characteristics.

As a rule, the purpose of overhaul is to restore the characteristics of the entire object or its individual elements. For example, due to natural wear and tear or emergency circumstances, the characteristics of the roof, walls, or other elements may deteriorate. When carrying out such construction work, the goal is not to increase the number of floors or the area of the building, or to completely replace or restore the load-bearing structures of the building.

Let's give a typical example. If it is necessary to change part of a load-bearing wall or beam in a building, such work does not entail a change in the characteristics of the object. Such work falls under major repairs and does not require special approval. However, if the load-bearing wall is changed entirely, or the configuration of individual rooms changes during work, the reconstruction or redevelopment will have to be approved.

Repair work is carried out on a scheduled or extraordinary basis, at the discretion of the owners or tenants. Special rules are provided for the overhaul of common property of apartment buildings. Payment for the work of the contractor selected based on the results of the tender is carried out through contributions from the owners and government co-financing.

Major renovation of a building in St. Petersburg - before and after

Regulatory regulation is carried out in the following areas:

for the renovation of apartment buildings, the norms of the Housing Code of the Russian Federation are applied;
The Town Planning Code of the Russian Federation contains separate provisions for ensuring the safety of such work;
If during major repairs there is a change in the characteristics of the object, approval of redevelopment or reconstruction will take place according to the Housing Code of the Russian Federation, Order of the State Construction Committee No. 2003.

To coordinate redevelopment and reconstruction on the territory of Moscow, additional regulations will be applied.

Expert commentary . Since the purpose of a major overhaul is not to change the initial parameters of the facility, work can be carried out on the basis of the project and without approval from municipal (state) departments. If such changes are provided for by the project, approvals cannot be avoided. MosOblReg specialists will not only prepare all the necessary documentation for the overhaul, but will also help coordinate it if necessary.

Who should pay for the maintenance of the property?

Article 210 of the Civil Code states that the owner is responsible for the property he owns . In case of accidental death or damage, responsibility also lies with the owner. We talked about the rights and obligations of the owner of non-residential premises here.

Article 616 of the Civil Code states that the lessor is obliged to carry out major repairs of the leased property at his own expense, unless otherwise provided by the lease agreement or legal acts.

As for routine repairs, the law allows several options. Article 616 of the Civil Code of the Russian Federation defines the obligation to carry out routine repairs of rented premises. This responsibility is borne by the tenant, since rent is the right not only of use, but also of ownership. If the lease agreement specifies the lessor as the executor of current repairs, he is responsible for carrying out repair work. The decision must be reflected in the contract as agreed by both parties.

If ongoing repairs are carried out by the tenant and subsequently defects are identified for which the landlord is responsible, then he can demand reimbursement of costs for the work performed.

How does a major overhaul differ from redevelopment, refurbishment and reconstruction?

Major repairs do not directly fall under the types of construction work that require approval. To replace or restore structures or elements of supporting structures, it is enough to order a project and follow it when working on site. If the work leads to changes in any characteristics of the building or individual premises, the following must be agreed upon:

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redevelopment if the configuration of premises or buildings changes (dismantling, moving and installing partitions, door and window openings, other types of work);
reconstruction if the location of utilities or equipment changes (plumbing, electrical, heating network, etc.);
reconstruction if the characteristics of the entire building change (installation of an extension or additional floor, complete replacement of load-bearing structures, expansion of the building area).

Such types of work are also carried out on the basis of a project. However, it must be approved by municipal (state) departments, and for reconstruction it is necessary to obtain a building permit.

Sample of red lines in a non-residential building

Complex work may be carried out at the site, which simultaneously falls under reconstruction, redevelopment and redevelopment. In this case, you can order a single project, and approval will take place according to the most strict rules, i.e. with obtaining a building permit.

Expert commentary . The absence of an obligation to coordinate the overhaul project should not be misleading. Special forms of approval include obtaining the consent of all property owners, issuing a warrant for land work, and obtaining visas from energy supply organizations. Also, during major repairs, general construction standards and regulations must be observed, otherwise the contractor or customer may face liability. By contacting us, you will receive full support for the design and installation of major repairs at all stages.

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » General civil issues » Conflict of interests of the organization located in the annex to a residential building and the management company servicing the residential building (expenses for one-way service)

Question.

The building in which the organization is located was built as an extension to a residential building, with which it has common communications. The organization's ownership is registered as a separate building, there is no technical passport, and there is no construction project. An agreement was signed with the management company, in which all expenses for one-way taxation were removed by a protocol of disagreements. Currently, the Criminal Code is once again trying to bill us for general house needs, citing judicial practice and the fact that according to the project (which we do not have) this building was an extension to a residential building

Lawyer's answer.

In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.

Art. 210, “Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on March 28, 2017) {ConsultantPlus}

By virtue of Art. 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own, by right of common shared ownership, the common property in the apartment building, namely:

- premises in this house that are not parts of apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements);

- other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure time, cultural development, children's creativity, physical education and sports and similar events;

- roofs enclosing the load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;

- the land plot on which this house is located, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot.

According to Art. 39 of the Housing Code of the Russian Federation, owners of premises in an apartment building bear the burden of expenses for maintaining common property in an apartment building. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a house, is determined by the share in the right of common ownership of the common property in such a house of the specified owner.

The share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of the specified premises (Article 37 of the Housing Code of the Russian Federation).

The Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 9, 2010 N 4910/10 in case N A71-9485/2009-GZ states that the owner of non-residential premises located in an apartment building, by virtue of the direct instructions of the law, is obliged to bear the costs of maintaining common property, regardless of the availability he has expenses for maintaining his own premises, which are individually owned, and expenses for utilities. The maintenance of one’s own premises, payment for utilities consumed therein, as well as the maintenance of a land plot provided for individual use and not included in the common property of an apartment building, do not relieve the owner of the premises from the burden of expenses for maintaining the common property of an apartment building, including a land plot for where the house is located.

In the conceptual apparatus specified in clause 2 of the Rules for the Provision of Utilities - the owner of premises in an apartment building, residential building, household, as well as a person using, on another legal basis, premises in an apartment building, residential building, household, consuming utilities.

Non-residential premises in an apartment building are premises in an apartment building specified in the design or technical documentation for an apartment building or in the electronic passport of an apartment building, which is not a residential premises and is not included in the common property of the owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external networks of engineering and technical support, including built-in and attached premises. These Rules equate to non-residential premises parts of apartment buildings intended to accommodate vehicles (car spaces, underground garages and parking lots provided for in the design documentation);

The owners of the premises are understood as the owners of both residential and non-residential premises who own the common property of an apartment building by the right of common shared ownership and are obliged to bear the burden of its maintenance in the form of payment for one-room rent.

Built-in non-residential premises

In practice, two types of non-residential premises can be distinguished: built-in and attached, each having its own special status.

A distinctive feature of the built-in non-residential premises is its inextricable connection with the apartment building, which is a single piece of real estate, which is confirmed by registration documents (certificate of ownership), technical passport and other documentation for the apartment building.

The obligation to pay for electricity to the ODN of the owner of a built-in non-residential premises arises from the moment ownership of it arises, regardless of whether the latter has its own separate entrance to the non-residential premises and the actual non-consumption of electricity supply services to common areas, the presence of a separate technical connection, bypassing the intra-house electrical networks.

This position is confirmed by judicial practice.

FAS SZO in its Resolution dated May 14, 2010 in case No. A56-56016/2009 concluded that the presence of a separate entrance to the premises is not a basis for relieving the owner of non-residential premises from bearing the burden of expenses for maintaining the common property of the owners of residential premises in an apartment building.

The Nineteenth Arbitration Court of Appeal in its Resolution dated July 16, 2013 in case No. A48-4560/2012 indicated that the owner of a non-residential premises, regardless of whether he has a separate entrance, and also regardless of whether he uses the entrance, roof, elevator or other common property apartment building, is obliged to pay for utilities purchased for the general needs of the apartment building. A significant circumstance of legal significance for incurring expenses for the maintenance of common property and for paying for utilities consumed in common areas is the fact that the non-residential premises are located in an apartment building.

The Sixth Arbitration Court of Appeal in Resolution No. 06AP-2128/2012 dated June 1, 2012 in case No. A37-1985/2011 established that the obligation to bear the burden of expenses for the maintenance of common property does not depend on whether the owner uses individual objects of common property. Independent maintenance by the defendant of electrical equipment and networks under his jurisdiction does not relieve the owner from the responsibilities for maintaining the common property assigned to him by law.

Attached non-residential premises

Attached non-residential premises are non-residential premises that are an independent piece of real estate, attached to a multi-apartment residential building, have independent engineering communications and are located on a designated plot of land.

The owner of an attached non-residential premises who meets all the stated requirements does not have to pay for one.

FAS DO in Resolution dated 03/04/2014 N F03-125/2014 in case N A73-4173/2013 made the following conclusion: due to the fact that the premises are located in a two-story building attached to an apartment building on a separate plot of land, the engineering systems of which have their own connection points to main utility networks and are an independent piece of real estate, in this case the courts had no reason to consider the defendant a person obligated to bear the costs associated with the provision of utilities for general house needs.

Documents - grounds confirming these facts are:

- documents on ownership of the property (the attached non-residential premises must be assigned a new address);

— documents for the land plot on which the non-residential premises are located;

— documents confirming the presence of independent engineering communications, different from the intra-building networks of an apartment building;

— technical passport for an apartment building;

— technical passport for non-residential premises.

It is important to note that if the technical passport for an apartment building initially provides for the presence of an attached non-residential premises, then it will be considered part of the multi-apartment residential building, and the owner of such premises must bear responsibilities for paying the DST on an equal basis with the owners of built-in non-residential premises.

The absence of independent engineering communications is also the basis for charging fees for one-way service.

The Fifteenth Arbitration Court of Appeal in Resolution No. 15AP-22479/2013 dated February 28, 2014 in case No. A53-12874/2013 comes to the conclusion that it is justified for the owner of non-residential premises to bear expenses for general house needs on the basis that the extension and the house were built at the same time , the house has a single input, separate inputs and technological connections to networks for receiving water supply, there is no heating in the extension.

If an individual metering device is connected after a collective (common house) metering device and the latter, in turn, takes into account the readings, including the individual metering device of the owner of a non-residential premises, a fee for ODN is charged in this case.

The Sixth Arbitration Court of Appeal in Resolution No. 06AP-4339/2012 of October 10, 2012 in case No. A16-261/2012 indicated that the collective metering device of an apartment building takes into account the entire volume of energy supplied to supply both the premises located in the house itself and and an extension adjacent to the house and owned by the entrepreneur. That is, the electricity supply to the residential building and the non-residential premises of the defendant is carried out through a single engineering network and in the existing scheme it is impossible to single out the supply of the entrepreneur’s premises as a separate component, which means that for the purposes of calculating charges for electricity consumption, the entrepreneur should be considered as the owner of the non-residential premises of an apartment building, regardless from the address assigned to the object in which the corresponding non-residential premises are located.

Article: ONE for an entrepreneur: to pay or not to pay? (Sitnikova I.) (“EZh-Lawyer”, 2014, N 21) {ConsultantPlus}

Built-in and attached non-residential premises

The main problems in paying maintenance costs and ODN arise for those legal entities and individual entrepreneurs who own built-in and attached non-residential premises. Here the practice differs. Basically, the courts adhere to the position set forth in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of November 9, 2010 N 4910/10 in case N A71-9485/2009-GZ, according to which the owner of non-residential premises located in an apartment building is, by virtue of the law, obliged to bear expenses for the maintenance of common property and expenses for utilities, regardless of whether he has expenses for the maintenance of premises that are individually owned. Maintaining your own premises and paying for utilities consumed therein do not relieve the owner of the premises from the burden of expenses for maintaining the common property of the apartment building.

To impose the obligation to pay the costs of maintaining common property and to pay for utilities consumed in common areas, a circumstance of legal significance is the very fact of the location of non-residential premises in an apartment building. Thus, the Resolution of the Nineteenth Arbitration Court of Appeal dated July 16, 2013 in case No. A48-4560/2012 states that the owner of non-residential premises, regardless of whether he uses the entrance, roof, elevator or other common property of the apartment building, is obliged to pay for utilities , consumed for general house needs of the apartment building. It is not a basis for exemption from bearing the burden of expenses for maintaining the common property of the owners of premises in an apartment building and the presence of a separate entrance to the premises. Thus, in the Resolution of the Federal Antimonopoly Service of the North-Western District dated May 14, 2010 in case No. A56-56016/2009, it was noted that the court rightly rejected the defendant’s argument that he is not obliged to pay the cost of electricity supplied to public places, since he he has a separate entrance to the premises and does not use these services.

According to the Sixth Arbitration Court of Appeal, set out in the Resolution of June 1, 2012 in case No. A37-1985/2011, the implementation by the owner of independent actions for heat, water and electricity supply, regardless of the residents of the house through separate utility networks, i.e. The implementation by the entrepreneur himself of independent actions to manage his property, which is part of the apartment building, also does not relieve him of his responsibilities for maintaining the common property. A similar approach is contained in the Resolution of the Federal Antimonopoly Service of the Far Eastern District dated February 13, 2012 in case No. F03-6508/2011, which indicated the obligation to pay for general house needs even if the store has a separate entrance and exit, independent from the entrances of the house, and ensuring independent from the residents of the house via separate engineering networks of heat, water and electricity, with reference to the fact that the store premises are located in an apartment building, which consists of three buildings and, according to an extract from the register of capital construction projects, is a single residential building.

Currently, the calculation of payment for residential premises for the owner of a premises in an apartment building is an arithmetic operation of multiplying the amount of the tariff by the area of the premises and the corresponding number of months, as noted in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 9, 2010 N 4910/10. Therefore, the management company does not have to prove the actual expenses that it incurred in carrying out its actions to manage the house (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District of January 20, 2014 in case No. A82-340/2013).

The payment for the single-apartment building is collected regardless of whether the management agreement for the apartment building was concluded with the management company or not, if it is proven that services for managing the apartment building were provided. Thus, by the decision of the Arbitration Court of the Nizhny Novgorod Region dated October 8, 2014, supported by higher courts, the claims of Management LLC against Gloria-93 LLC for the collection of arrears of payment for services for the maintenance and repair of the common property of the apartment building were satisfied. Judicial acts are motivated by proof of the fact that the management company provides services and the lack of payment for these services by the company. In a cassation appeal to the Supreme Court of the Russian Federation, the company asked to cancel the above judicial acts and adopt a new judicial act. However, the court did not see any grounds for transferring the cassation appeal for consideration to the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation, since the courts found that the management company provides services for the maintenance and repair of the common property of the apartment building, in which the defendant owns an attached non-residential premises. The conclusion of the forensic technical examination stated that, despite the fact that the residential multi-apartment building and the non-residential attached building owned by the defendant are different real estate objects, from a technical point of view, heating networks are the common property of the objects under study; sewerage also applies to the common property of a residential building and annexed premises.

Let us give an example of a legal dispute with other factual circumstances, but with a similar and, in our opinion, unfounded court decision. When considering the dispute regarding the claim of GUK House of Shoes LLC for the collection of debt on expenses for the maintenance of common property and under the ODN, the defendant indicated that Dom Shoves LLC has a separate entrance, its engineering systems have their own connection points to the main utility networks, different from intra-house networks of apartment buildings. It has its own entrances (exits), its own boiler room, its own electrical panel and its own meters. Household metering devices do not take into account the readings of LLC meters. The main part of the LLC's premises is not located under the roof of an apartment building. In addition, for the entire period of its existence (more than 20 years), it independently concludes all contracts related to the maintenance of its built-in and attached non-residential premises, including contracts for the provision of services for the collection and removal of solid household waste, contracts for the purchase and sale of electricity, gas supplies , for the supply of drinking water and the reception of wastewater. Taking into account such circumstances, the defendant believed that payment to him under the section “Works and services for management in the apartment building” should not be made, since no such work and services are provided for the LLC, and they should not be paid for the costs of the single-room apartment building. However, the Arbitration Court of the Republic of Mordovia, in its Resolution dated October 19, 2015 in case No. A39-4092/2015, satisfied the claims of GUK Shoe House LLC, and the apartment building is connected only by a small part of the roof of the apartment building. In view of this, obliging an entrepreneur to pay for the maintenance of all the property of an apartment building, without taking into account the real autonomy of the non-residential premises, and the absence of the fact of provision of services by the management company, is contrary to the basic principles laid down in civil legislation, including the rule on the proportionality of the amount of mandatory payments and (or) contributions, related to the payment of expenses for the maintenance and repair of common property, the volume and quality of services and work.

When collecting fees for the maintenance of apartment building property in full, the courts often do not take into account that the owners of non-residential premises often independently perform the functions that a management company should perform. At the same time, we note that against the backdrop of a significant number of court cases in which judges chose to turn a blind eye to the real state of affairs and use ready-made tariffs (which, of course, is easier than assessing the extent to which the premises are connected with apartment buildings), court decisions appeared allowing to protect the interests of owners of non-residential premises. Thus, when considering the claim of the State Unitary Enterprise “Directorate of the Single Customer of the Sokolniki District” of Moscow for the recovery from the Lena Makashova Fashion House CJSC of debt for payment of expenses for the maintenance of the common property of the apartment building, the courts of the first and appellate instances established that the non-residential premises of the CJSC are built-in attached to a multi-apartment residential building, located on the 1st and 2nd floors, they represent an independent object, which was built according to a separate project from the residential building. The defendant’s premises have separate entrances and exits to the internal premises, do not have any constructive connection with the residential premises of the apartment building, are not interconnected either functionally or technologically, have their own load-bearing walls on which the floor slabs rest, their own roof, separate from home heating systems, water supply, sewerage, energy supply, ventilation, etc. From the moment non-residential premises were accepted for operation to the present, the defendant has entered into independent agreements with resource supply organizations. Considering the independence of communications located on the defendant’s premises from the communications systems of the residential part of the house, which is confirmed by construction and technical expertise, the courts came to the correct conclusion that Lena Makashova Fashion House CJSC, as the owner of the non-residential premises built-in and attached to the house, is autonomous from a residential building, cannot have the right of common shared ownership of staircases and garbage chutes, etc., located in the residential entrances of the apartment building, and there are no grounds for imposing on the defendant the responsibility for maintaining the common property related to the residential part of the apartment building. In fact, a residential building and built-in and attached premises are independent objects. It was established that the plaintiff did not manage (maintain) the built-in and attached premises, and the defendant independently bore the burden of maintaining his own property. Based on the above, the courts rightfully rejected the claim. A similar decision was made by the Arbitration Court of the Moscow District in case No. A40-201331/14.

Let us note that in the above cases considered by the Arbitration Court of the Moscow Region, the owners owned built-in and attached premises, which apparently allows us to say that these premises are partially located under the roof of an apartment building. However, the court considered the degree of isolation of these premises from the apartment complex to be sufficient to recognize them as actually independent real estate objects. Only property that all co-owners have the opportunity to use can be classified as common property. If the owners of non-residential premises are deprived of the opportunity to use elevators, staircases and similar “common property”, since they really do not have access to it, it is unreasonable to collect from them maintenance fees and ODN, since they cannot be considered co-owners, as they do not have the entire triad of rights of the owner, provided for in Art. 209 of the Civil Code of the Russian Federation.

Thus, when considering cases concerning built-in, attached or built-in non-residential premises, it is necessary to take into account the degree of autonomy of the non-residential premises. If, in fact, non-residential premises are an independent property, although legally they are part of an apartment building, the costs of maintaining common property and the cost of utilities provided for general house needs in the apartment building should not be recovered from the owners.

{Article: Issues of distribution of expenses for the maintenance of common property and utilities provided for general house needs in an apartment building (Malaya T.N., Nesterova T.I.) (“Family and Housing Law”, 2021, N 2) {ConsultantPlus} }

Based on the above, in this situation, if the attached non-residential premises is an independent piece of real estate, has independent engineering communications and is located on an allocated plot of land, then the owner of the attached non-residential premises does not have to pay for one.

The explanation was given by Igor Borisovich Makshakov, legal consultant of LLC NTVP Kedr-Consultant, May 2017.

When preparing the answer, SPS ConsultantPlus was used.

This clarification is not official and does not entail legal consequences; it is provided in accordance with the Regulations of the CONSULTATION LINE ().

Preparation for major repairs. Measurements and inspection of the object

Planned overhauls are carried out as standard or physical wear and tear is confirmed. To do this, the year of construction of the building is taken into account, visual inspections and instrumental examinations are carried out regularly. For example, for apartment buildings there is a federal overhaul program, according to which all buildings are included in the list by year of work. When the turn comes for repair work, the owners or the municipality select a contractor (by contract or open tender).

Sample outline after measurements taken by MosOblReg engineer

Depending on the status of the object and the form of ownership, the following actions are performed at the stage of preparation for major repairs:

an external inspection, measurements, and instrumental examination of load-bearing structures are carried out, the actual condition of the object and its individual elements is determined;
defective statements and reports, calculations of maximum loads are drawn up;
a list of works necessary to restore the characteristics of the building or improve them is determined;
a decision is made to carry out major repairs (all owners must accept it, and for apartment buildings - the majority of premises owners).

The owner himself can carry out inspections, measurements and examinations. However, to objectively assess the condition of an object, special knowledge is required. Therefore, experts in the field of construction, representatives of contracting and design organizations are involved in the survey. If the owner has already decided on the choice of designer, all the necessary surveys will be carried out by specialists from this organization.

Expert advice . It depends on the choice of the design organization whether all regulatory requirements for the overhaul will be met. In particular, you need to take into account GOST R 56193-2014, GOST R 51929-2014, and other standards. By choosing us for design and support, you guarantee the elimination of any problems and the legality of construction work at sites in Moscow. We carry out design work in apartment buildings and non-residential buildings, taking into account all the requirements of regulations.

Features of maintaining non-residential areas

Owners of non-residential premises in apartment buildings must ensure that certain requirements are met:

Possibility of installation or availability of an isolated input.
Soundproofing.
Use of equipment that does not produce noise above the specified level.
Access to engineering systems in case of need for their repair.
Organization of a loading zone in a place where there are no windows of residential apartments (for retail outlets).

Non-residential premises in apartment buildings can only be located under residential apartments.

It is allowed to add necessary premises, but only from the end and provided that the roof is lower than the floor level of the nearest apartment.

Each apartment building has the right to be supplied with all necessary communications. Apartment owners can choose: pay them through the management company or organize an HOA (what are the rules for paying utility bills for the non-residential premises of an apartment building?). Owners of offices and shops must themselves enter into agreements with suppliers of heat, water, and electricity. Read about the maintenance of non-residential premises and whether it is possible to supply gas and water to it, ensure the removal of solid waste, here, we talked about heating non-residential premises in apartment buildings here, and find out about the provision of electricity and how to pay for it in this material.

Design project for major renovation

The preparation of a design project is necessary to optimize the internal space of buildings and premises, select building materials and equipment, and increase comfort for residents or users of a non-residential facility. You can order a design project for any type of work, from major repairs to redevelopment. The content of the design project indicates:

initial characteristics of the room or building, location of utility networks, current layout;
a list of work that needs to be performed to change the characteristics of the object (this determines whether the upcoming work needs to be coordinated);
future characteristics of the object after the planned work, displayed in photos, diagrams, drawings;
cost estimates indicating the names of building materials, prices at the time of drawing up the design project;
a list of safety measures that need to be taken into account when carrying out work.
photomontage using special software.

One of the office design options
Let's give a typical example. Even in a small residential or non-residential space, you can effectively redistribute the area - by using color schemes and lighting, installing partitions between residential and work areas, determining furniture installation locations, etc. If such redistribution is associated with a change in the configuration of the premises, approval will take place according to the rules of redevelopment. If the work is of a cosmetic nature (using color schemes and furniture placement), the design project can be implemented without approvals.

How are contributions determined?

The purpose of real estate located as part of an apartment building does not matter when paying contributions for major repairs. Owners of non-residential premises pay the costs of maintaining and repairing the house on an equal basis with the owners of residential premises (Article 39 of the Housing Code of the Russian Federation).

The costs of major repairs of apartment buildings, according to Article 158 of the Housing Code of the Russian Federation, are proportional to the payer’s personal share in the common property. They can be calculated based on the area of residential or non-residential premises occupied by the owner.

For example, the area of the owner’s private property is 50 m2. The cost of the monthly contribution for the overhaul of an apartment building per 1 m2 varies in different regions. In 2021, the minimum contribution of Muscovites for major repairs of 1 m2 is 15 rubles. We multiply 15 by 50 and get 750 rubles. This is exactly how much the owner in the example in Moscow will pay monthly.

The monthly contribution for major repairs of 1 m2 may exceed the minimum rate in the region if residents made such a decision by voting in which more than 50% of the owners took part, or if a differentiated rate is applied in the region for houses of different classes. The law determines only the minimum threshold and does not limit the maximum.

Since 2015, a line dedicated to major repairs has appeared in standard documents on payment of utility services. Contributions can be made during the usual procedure of monthly payment for property maintenance in the method that is most convenient for you (branches of banks and Russian post offices, ATMs, Internet services). It is enough to know the details for paying for housing and communal services .

The amount required for payment is provided to each resident in the form of receipts. If a payment document is lost or a debt arises for any other reason, a penalty will be charged. You can clarify the amount of payment to the capital repair fund, which will pay off the debt, in the following organizations:

companies providing housing and communal services;
management companies;
central clearing offices.

The debt for contributions for major repairs and penalties must be repaid within three months . Otherwise, housing and communal services employees may suspend or completely stop providing utility services (water, gas, electricity) and subsequently go to court to collect the debt.

We recommend that all owners of non-residential premises read other publications on our website devoted to the use of such real estate, the nuances of its maintenance and payment of utilities:

What is operational management and what is included in the concept of technical maintenance of such premises in apartment buildings?
The nuances of paying for electricity, as well as how to properly organize heating, what are the temperature requirements and tariffs?
Concluding an agreement with the cleaner.
How to connect the Internet in such a room?
What should an owner do in case of flooding?

Who can prepare a major renovation project. License for design work

Design of work in the construction sector can be carried out by organizations that are members of a specialized self-regulatory organization (SRO). The search for a design organization can be carried out through commercial proposals and SRO registers. Depending on the type and status of the property, the nature of the work to be done, the project can be ordered:

from the author of the project for a series of apartment buildings (if it is impossible to order a project from the author, you can contact independent designers);
in a state design organization;
through specialists from an independent design organization.

The project can also be drawn up by BTI specialists if they have qualified specialists on their staff and the institution is a member of an SRO.

One of the options for the architectural solutions section

A design license is not required in 2021. However, in order to produce projects for some types of work, the organization must have the approval of SRO designers. For example, SRO approval is granted for the design for renovation of multi-apartment buildings, residential housing facilities with more than three floors, intended for housing of more than two families.

Commentary from experts . MosOblReg has all the necessary permits and approvals for design, and is a member of the specialized SRO. This ensures that all documentation for the upcoming overhaul will comply with the law.

Installation work during major repairs

After receiving the project, you can enter into an agreement with the contractor and begin major repairs. The contractor can be a legal entity or individual entrepreneur who is a member of the SRO. Membership in an SRO is not required if the cost of contract work under an agreement or tender does not exceed 3 million rubles. The owner searches for a contractor independently or by concluding a contract based on the results of a tender.

When carrying out work, the contractor must strictly follow the project. Otherwise, there is not only a risk of threat to the integrity and reliability of the building, but also to the life and health of people and property. The owner or contractor may be held accountable for deviating from the project. The main stages of installation work during major repairs include:

concluding an agreement with the contractor;
preparatory stage – liberation of the facility from property and equipment; dismantling of structures, walls, coatings to be replaced or restored; installation of fencing elements around the building or its parts; disconnection from utility networks (or isolation of a separate section of networks from general communications);
construction work - replacement and restoration of structures, construction or strengthening of walls, laying networks and installation of communications, replacement and restoration of equipment, other types of work;
façade work, if specified in the project scope - restoration or replacement of architectural elements, finishing and painting;
interior decoration, cosmetic repairs, arrangement of coverings, installation of partitions, doors, other types of work;
connecting the facility to utilities, carrying out commissioning work;
carrying out an inspection with the participation of the customer and contractor, signing the acceptance certificate.

Depending on the type of planned work, responsibility for its implementation may be differentiated. Other entities may also be involved in major repairs. For example, a separate agreement may be concluded for the timely removal of construction waste.

What does an office space look like during a major renovation?

If the work performed corresponds to the project and estimate, signing the acceptance certificate will not cause problems. If the inspection reveals deficiencies or deviations from the project, the contractor will be obliged to eliminate them in order to sign the acceptance certificate and receive the remaining price under the contract.

Expert commentary . When ordering design from our bureau, you will receive support at every stage of the major renovation. Our specialists will monitor the compliance of the work with the project and help resolve difficulties and problems.

Calculator of the cost and timing of our services - here

Ongoing renovation work in commercial buildings

The purpose of routine repairs is to eliminate minor faults to maintain the normal functioning of the premises.

If such a need arises, during ongoing work it is allowed to repair individual parts of the structure, but not more than 20% of the total volume of the premises’ structures.

Current repairs have certain signs:

Following the plan. It is drawn up several years in advance after inspecting the entire premises and taking inventory.
Systematicity.

Repairs include:

Reconstruction of flooring.
Wall decoration.
Replacement of consumables (lamps, faucets).
Replacement or repair of doors.
Systematic maintenance of utility networks and other minor works.

Is it necessary to approve a major renovation of a facility in Moscow?

The Town Planning Code of the Russian Federation does not require approval of a major renovation project. However, if the work leads to a change in characteristics, it is necessary to obtain approval for redevelopment or reconstruction, or obtain a building permit. The following will need to be agreed upon separately:

issuance of a warrant for carrying out land work (issued through the district administration);
permission to carry out work with the owners;
permits from utilities and other services, if their communications pass through the construction area or will be disconnected for the period of repair;
Architecture Committee, if the renovation affects the façade of the building.

It is imperative to obtain approvals for changing external or external walls, when working on the common property of apartment buildings, changing the location of common building communications, etc. You can find out what types of work need to be coordinated with the designer.

Expert commentary . The more detailed the technical specifications are, the fewer problems will arise during design and approvals. The technical specifications indicate the requirements for the upcoming repairs and the actual condition of the facility, including the location of communications. The designer will take these points into account and provide the optimal option for performing the work to save time on approval and the cost of repairs.

MVK conclusion on redevelopment

Overhaul - what is it?

Major repairs of non-residential premises involve carrying out a set of large-scale works that will prevent complete deterioration of the structure and ensure the functioning of its various systems for many years. Events of this level can be organized once every 10-20 years, their results remain effective for a long time. The need for major repairs depends on the actual wear and tear of the premises.

The list of works organized as part of a major overhaul is determined by amendments to the Town Planning Code introduced by Federal Law No. 215 of July 18, 2011. In accordance with them, the event must fulfill the following tasks:

restore or replace components of the structure that have exhausted their resources (except for foundations, load-bearing walls and frames);
ensure the modernization of the premises or redevelopment (if there is an economic justification for these actions);
improve operational performance.

Reference! Overhaul can be selective or comprehensive. Its type determines the scale of the work carried out. In the first case, they cover the room partially, in the second - completely.

For example, a selective overhaul is a complete replacement of the plumbing system. Typically, a comprehensive overhaul includes eliminating damage to the roof, updating and strengthening supports and walls, restoring utilities, eliminating leaks, and landscaping the surrounding area.

Cost and production time of a major repair project and installation work

Prices and terms of design and completion of work depend on many factors, including the type of object, the list of necessary approvals, and the total scope of repairs. Therefore, it is possible to agree on the cost of all types of design and construction work after studying the technical specifications, inspecting the site and studying the documentation. Depending on the stage of the overhaul, the terms and prices will be:

own inspection of the object, obtaining the consent of the owners - free of charge, period from several days to several weeks (for example, when holding a general meeting of owners of an apartment building);
design – price from 20 thousand rubles. (for small objects), terms depend on the volume and complexity of the work;
major repairs - prices and terms are determined by the contract with the contractor, the results of the tender;
signing the acceptance certificate - from several days to several weeks (if it is necessary to eliminate deficiencies in the work).

At MosOblReg you are guaranteed the most favorable terms of cooperation, optimal prices and reasonable deadlines for preparing documents for major repairs.

conclusions

Major repairs consist of replacing and restoring the structures of a property, if such work does not lead to a change in characteristics. If such changes are planned during the overhaul, you need to coordinate the redevelopment or reconstruction and obtain a building permit.

Stages of design and overhaul:

preliminary inspection of the facility, making a decision on repairs;
obtaining the consent of the property owners;
search for a design organization, preparation of a technical report and ordering a project;
design of major repairs;
search for a contractor, conclusion of a contract;
execution of construction work;
signing the acceptance certificate.

Calculator of the cost and timing of our services - here

A full range of services for design, coordination and support of major repairs in residential and non-residential buildings is provided by MosOblReg. We have all the necessary permits and approvals and can carry out work of any complexity.