Unfortunately, all attempts to overturn the decision to introduce fees for major home repairs through the highest courts were unsuccessful: in 2021, the Constitutional Court of the Russian Federation recognized the legality of this measure (resolution No. 10-P dated April 12, 2016).
And yet, the law allows in some cases to be exempt from paying contributions for major repairs not only partially, but also completely.
Let's consider who this year can take advantage of benefits for a partial reduction in contributions for major repairs, and who can not pay for it at all.
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).
Who is entitled to compensation?
General provisions on rent benefits, including compensation for housing and utility costs and major repairs, are prescribed in several federal legislative acts:
- Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended on June 11, 2021);
- Federal Law “On Veterans” dated January 12, 1995 No. 5-FZ (as amended on April 30, 2021);
- Federal Law “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.”
Article 169 of the RF Housing Code establishes a general rule for providing benefits for major repairs; regulations for direct application are adopted by the constituent entities of the Russian Federation.
If we bring together the norms of these laws, the list of those who are entitled to compensation for major repairs is as follows:
- single homeowners aged 70 years (50%) and 80 years old (100%);
- these same owners, if they live with family members - non-working pensioners and (or) non-working disabled people of groups I and (or) II;
- combat veterans and disabled family members of deceased combatants (Articles 16, 21 of Law No. 5-FZ);
- “Chernobyl victims” (Article 14.3 of Law No. 1244-1-FZ).
The maximum compensation for major repairs to combat veterans, family members of those killed and Chernobyl victims will be 50% of the amount paid.
IMPORTANT!
The Law “On Veterans” stipulates many categories of beneficiaries, but state support measures for participants in the Great Patriotic War, residents of besieged Leningrad and besieged Sevastopol, prisoners of concentration camps, etc. already “overlap” by common age grounds - they are all 76+.
ConsultantPlus experts have discussed how to get a benefit on paying contributions for major repairs in an apartment building. Use these instructions for free.
Those who are not beneficiaries, but still do not have to pay for major repairs
1) The law imposes the obligation to pay contributions for major repairs only on the owners of residential premises.
Therefore, contributions cannot be charged to someone who is simply registered in an apartment without being its owner, as well as to residents of non-privatized apartments. Please note that as soon as ownership of the property is terminated (for example, the apartment is sold or donated), the responsibility to pay for major repairs passes to the new owner.
This also applies to debts: if the previous owner did not pay for major repairs, then the new owner will have to pay off the debt. This rule applies only to contributions for major repairs (Part 3 of Article 158 of the Housing Code of the Russian Federation).
Therefore, before buying an apartment, be sure to check whether the seller has any debts on these fees - otherwise you will have to pay them.
2) The Housing Code of the Russian Federation exempts owners of apartments in a building that is recognized as unsafe or located on a land plot seized for state needs from paying for major repairs. At the same time, the owners are refunded the contributions for major repairs that they paid before.
3) Regions are allowed to exempt small houses with less than 5 apartments from paying for major repairs. All contributions that owners of apartments in such buildings previously paid are subject to refund.
4) For those who purchased an apartment in a new building, there is a certain period of exemption from contributions for major repairs.
The fact is that new buildings are included in the overhaul program only after the expiration of the period determined by the regional authorities (the Housing Code sets only its upper limit - 5 years).
For example, in the Nizhny Novgorod region, the period of exemption from fees for major repairs of new buildings is the same 5 years from the date of inclusion of the house in the regional capital repair program, and in the Sverdlovsk region - 3 years.
Information on the format of the new receipt from May 2021
Dear owners of premises in apartment buildings!
Please note that from May 2021, the contribution for major repairs of common property in apartment buildings is reflected in the payment document of the new format.
In order to ensure the provision of services and (or) the implementation of work on major repairs of common property in an apartment building in accordance with paragraph 9 of Article 182 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the regional operator is obliged to provide, on its own or by third parties, payment documents to the owner for payment of contributions for major repairs of common property in an apartment building at the address where the premises are located in the apartment building, for major repairs of common property in which a contribution is made.
To perform its functions, the non-profit organization “Fund – regional operator of capital repairs of common property in apartment buildings” (hereinafter referred to as the Fund) provided in accordance with Part 1.1. Article 180 of the Housing Code of the Russian Federation organization of a competition for the provision of services for the inclusion of assessments of contributions for major repairs of common property in apartment buildings in payment documents for the maintenance and repair of residential (non-residential) premises or the provision of utilities in the city of St. Petersburg and/or in separate payment documents documents, their printing and targeted delivery to owners of premises in apartment buildings (hereinafter referred to as the Services).
Based on the results of the competition, the “Unified Information and Settlement Center Petroelectrosbyt” (hereinafter referred to as the UIRC) was declared the winner and an agreement for the provision of Services (hereinafter referred to as the Agreement) was concluded.
The contribution for major repairs is included in the structure of payment for residential premises and utilities for the owner of premises in an apartment building in accordance with Part 2 of Article 154 of the Housing Code of the Russian Federation.
As part of the Agreement, starting from May 2021, the EIRC provides for the production of a payment document for the payment of contributions for major repairs and penalties in a new form , which is an invoice for residential/non-residential premises and utilities with information on the calculation of the amount of the contribution for major repairs and penalties.
In order for the owners of premises in apartment buildings to pay for all services specified in the payment document using the new format, including the contribution for major repairs of common property in apartment buildings, the details of the EIRC are indicated .
At the same time, owners of premises in apartment buildings still have the opportunity to pay contributions for major repairs of common property in apartment buildings according to the Fund’s details.
The obligation of the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, to pay monthly contributions for major repairs of common property in an apartment building on the basis of payment documents submitted by the regional operator, within the time limits established for payment for residential premises and utilities, established by part 1 of article 169 and part 1, 3 of article 171 of the RF LC.
In order to correctly pay for the services specified in the payment document of the new format, the Fund asks owners of premises in apartment buildings to pay attention to the bank details of the EIRC.
Payment details: JSC "EIRC Petroelectrosbyt", TIN 7804678720, account number 40702810000000005464,
c/s 30101810800000000861 in JSC AB Rossiya, BIC 044030861
You can find samples of payment documents of the new format on the Fund’s website in the section “For Owners” / “Samples of Receipts”
How can I be partially exempt from contributions for major repairs?
Two options can be distinguished:
A) if major repairs have already been carried out in the house and they were not paid for from the budget or the relocation operator, then homeowners have the right to offset their payments for such repairs against future contributions for major repairs;
B) if the owner is not among the beneficiaries, but belongs to the poor, he has the right to receive a subsidy for housing and communal services - and incl. to pay for major repairs.
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Tariff for major repairs 2021
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- Tariff for major repairs 2021
February 17, 2021
Following the broadcast of the project “Main Topic” with the Governor of the Samara Region Dmitry Azarov, calls to the Fund regarding the tariff for major repairs in 2021 have become more frequent. We explain what was announced on air and the sequence of what was happening.
The minimum contribution amount is established in accordance with Article 167 of the Housing Code of the Russian Federation, Article 7 of the Law of the Samara Region dated June 21, 2013 No. 60-GD “On the system of major repairs of common property in apartment buildings located in the Samara Region”, by order of the Ministry of Construction and Housing -municipal services of the Russian Federation dated June 27, 2016 No. 454/pr “On approval of methodological recommendations for establishing the minimum amount of contribution for major repairs.”
In accordance with Article 7 of Law No. 60-GD, the minimum contribution amount is established by the Government of the Samara Region annually for the next year until December 21 of the year preceding the next year of implementation of the regional program for the overhaul of common property in apartment buildings located in the Samara Region.
In accordance with the Decree of the Government of the Samara Region dated November 27, 2020 No. 936 for 2021, the minimum amount of contribution for the overhaul of common property in an apartment building in the Samara Region was established per one square meter of the total area of the premises in an apartment building belonging to the owner of such premises per month:
For apartment buildings with up to 5 floors inclusive - 6.63 rubles;
For apartment buildings with a number of floors of 6 floors and above, including a variable number of floors with one of the parts of the building 6 floors and above - 7.62 rubles.
The increase in the minimum contribution for 2021 was 5.5% for apartment buildings of various storeys, or 0.38 kopecks.
Consequently, the tariff approved by Decree of the Government of the Samara Region dated November 27, 2020 No. 936 for 2021 will not increase any and charges will continue to be charged by NO “FKR” in accordance with the approved resolution from January 2021, within approved tariff.
What was the reason for this “storm in a teacup” explanation from the head of the region?
In February 2021, a number of media outlets published false information that the Fund was proposing to raise the minimum contribution to 9 rubles. Let us note that not a single publishing house/journalist contacted us for clarification of information.
The Fund did not come up with the initiative to increase the contribution; it does not independently calculate the tariff.
The procedure for calculating and approving the tariff is as follows:
According to the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated June 27, 2016 No. 454/pr “On approval of methodological recommendations for establishing the minimum amount of contribution for capital repairs”, the Ministry of Energy and Housing and Communal Services of the Samara Region, together with the Samara Center for Pricing in Construction, produces calculation to determine the estimated cost of major repairs in accordance with annual indexation.
The draft resolution is checked by the Prosecutor's Office for compliance with legislative norms and rules, the draft is posted on the website of the Ministry of Energy and Housing and Communal Services in the section “Anti-corruption examination of projects and legal acts”, after the conclusion of the inspection bodies and representatives of the public, the resolution is submitted to a government meeting for consideration, the resolution is signed if it is complied with all regulatory legal acts.
In the annual report, NO "FKR" published the conclusion of the Center for Pricing in Construction on the economically justified amount of the contribution for major repairs, which amounted to:
Up to 5 floors inclusive – 9.05 rubles;
Over 6 floors - 8.86 rubles.
The average value for all types of houses is 8.96 rubles.
This information was posted on the website of the non-profit organization "FKR" and is for informational purposes only and does not imply a one-time increase in the cost of the contribution for major repairs in apartment buildings. Taking out of the context of the entire report only the conclusion of the Center for Pricing in Construction, insinuations began in the media, which led the owners astray.
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Information about an increase in fees for major repairs in Russia was denied
The Ministry of Construction and Housing and Communal Services of the Russian Federation denied the information spread on social networks and the media about an increase in fees for major repairs for homeowners by 25 percent. The commentary of Deputy Minister Svetlana Ivanova was published on the Ministry of Construction website.
On October 6, the official Internet portal of legal information published the Decree of the Government of the Russian Federation No. 1667 “On the specifics of applying the Regulations on the involvement of specialized non-profit organizations carrying out activities aimed at ensuring the overhaul of common property in apartment buildings, contractors for the provision of services and (or) carrying out work on major repairs of common property in an apartment building.” One of the points in the document states that the price of a contract for major repairs in an apartment building may increase by 25 percent due to changes in the cost of building materials.
The news quickly spread to the media. Journalists presented information in such a way that residents of apartment buildings would have to pay extra for home repairs themselves. In particular, the RBC publication wrote that the Russian government approved an increase in fees for major repairs due to building materials.
Other publications began to reprint the information. For example, Deita journalists reported that homeowners will have to pay a quarter more for major repairs than they previously paid.
The same information went viral on social networks. The public “Overheard in Rybinsk” (106 thousand subscribers) published news with the headline “The government has approved an increase in fees for major repairs in apartment buildings from January 1 by 25 percent.” A similar publication appeared in the Moscow News Telegram channel (more than 420 thousand subscribers).
Deputy Minister of Construction and Housing and Communal Services of the Russian Federation Svetlana Ivanova explained that the decision to change the contract price has nothing to do with an increase in homeowners’ contributions for major repairs.
“I would like to note that this measure relates directly to the cost of capital repair contracts, and not to changes in citizens’ contributions for capital repairs, the powers for which are reserved for Russian regions... Such an increase should not exceed the maximum cost of capital repairs established in the region, and does not entail an increase fees for citizens for major repairs,” Ivanova said. The deputy minister added that previously there was no possibility of increasing the price due to the rising cost of materials.
New buildings: concept and the need to pay contributions for repairs
According to the amendments made to the Housing Code of the Russian Federation in 2015, houses put into operation after July 1, 2021 should be considered new buildings. It is quite clear that the facade and communications of such buildings cannot require updating. However, the law does not make an exception for those who bought housing in a new building. Contributions for major repairs in a new building must be paid regularly.
When a building is put into operation, developers usually install a 5-year guarantee on it. Any defects that occur during the warranty period must be repaired at the expense of the developer. As for deductions for major repairs, in such cases they are cumulative in nature. Funds are accumulated in the account of the Management Company or HOA to be used in the future to pay for expensive work.
Federal Law No. 176 dated June 29, 2015, amendments were made to Article 170 of the Housing Code of the Russian Federation, obliging owners of premises located in a new building to pay contributions for major repairs after the expiration of the period established by the authorities, but no later than 5 years after placing the property in the program for overhaul. All houses are included in the program, except those that cannot be repaired.
