Problem
they began to conduct a cap in the house. repair. In 2013, I made expensive renovations in my apartment. At the same time, I replaced the hot and cold water pipes, except for the sewer riser. A team of workers from the housing department was called in to replace the pipes. At that time, there was no talk in the housing department about the planned capitation. repair After which the pipes were covered with a box, tiles were laid. Now the contractor is demanding that everything be broken down and given access to the apartment to replace the riser. Do I have the right to refuse this now? What to do in this case, what does the law say?
Solution
Hello,
No, you don't.
According to clause 5 of PP No. 491, the common property includes in-house engineering cold and hot water supply systems, consisting of risers, branches from the risers to the first disconnecting device located on the branches from the risers, the specified disconnecting devices, collective (common house) cold and hot water, the first shut-off and control valves on the branches of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks. Also included in the common property is an in-house engineering drainage system, consisting of sewer outlets, fittings (including bends, transitions, pipes, revisions, crosses, tees), risers, plugs, exhaust pipes, drainage funnels, cleanings, branches from the risers to the first butt connections, as well as other equipment located in this system.
By law, you are required to provide all other home owners, as well as representatives of the management company, with free access to these systems.
If the owner of the apartment does not want to provide access to management company employees to replace the common building riser, the management company is practically powerless, because without the owner’s consent, management company employees will not be able to enter the apartment to eliminate the emergency situation. This is prohibited by Art. 25 of the Constitution of the Russian Federation, according to which housing is inviolable. Since against the will of the persons living in the premises, access there is carried out only either by a court decision or in cases established by law. So in your case, the only option left is a judicial procedure for resolving the problem. Thus, if you refuse access to representatives of the management company, an act will be drawn up stating that it was not possible to replace the common building riser due to the fact that access to the engineering systems was not provided, and then your management company must file a claim in court for an obligation You will be provided with access to engineering systems to replace the common house riser.
Moreover, if a leak occurs during the consideration of the dispute in court, all responsibility for it will fall on you.
According to Part 1 of Article 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. According to Part 2 of this article, the person who caused the harm is exempt from compensation for harm if he proves that the harm was caused through no fault of his own. And since you refuse to provide access to the apartment to replace the riser, the residents of the apartments located below, in the event of a leak, will have the right to go to court to recover material damages and moral damages from you.
Please take a look at this similar issue.:
Neighbor denies access to replacement riser http://taktaktak.org/problem/5460
Thanks for the detailed answer.
I would also like to ask a clarifying question about who is responsible for causing damage to property during the work process. How to proceed in this case, what act should be drawn up, where to apply it?
And what if after completion of the work there are also problems with pipe leaks, etc.?
Also this question:
in accordance with Chapter 18 of the Residential Complex "Major repairs of common property in an apartment building", paragraph 3 of Art. 189:
1. Major repairs of common property in an apartment building are carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, except for the cases provided for in Part 6 of this article.
2. The owners of premises in an apartment building at any time have the right to decide to carry out major repairs of common property in an apartment building at the proposal of the person managing the apartment building or providing services and (or) performing work on the maintenance and repair of common property in the apartment building, regional operator or on their own initiative.
3. At least six months (unless another period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which major repairs of common property in an apartment building must be carried out in accordance with the regional capital repair program, the person in charge of the management apartment building or the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (in the event that the owners of premises in an apartment building form a capital repair fund on the account of the regional operator) submits to such owners proposals on the start date capital repairs, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs.
4. Owners of premises in an apartment building no later than three months from the date of receipt of the proposals specified in Part 3 of this article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and make a decision at a general meeting in accordance with part 5 of this article.
5. By the decision of the general meeting of owners of premises in an apartment building to carry out major repairs of common property in this apartment building, the following must be determined or approved:
1) list of major repair works;
2) cost estimate for major repairs;
3) timing of major repairs;
4) sources of financing for capital repairs;
5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of completed major repairs, including signing the relevant acts.
(Clause 5 introduced by Federal Law dated December 28, 2013 N 417-FZ)
In our case, no notification about the upcoming cap. there was no repair, and the residents did not give their consent to this, if I understand correctly, the rights of citizens of the Russian Federation were violated?
where to go in this case and what is the possible outcome?
The Civil Code of our country in Article 210 states that citizens are responsible for their property and bear the burden of maintaining it.
Article 210. Burden of maintaining property
The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.
Since apartments in a multi-storey building are private property, residents are therefore responsible for the condition of the building.
But the state does not ask them to carry out repair work independently, on their own.
Residents must simply pay bills for major repairs, which come monthly and form a capital repair fund, from which work to modernize the house will be financed.
In addition to citizens' funds, subsidies from state or regional bodies are often sent to such accounts.
Complete waiver of payment
After the first payment
Is it possible to refuse to pay for major repairs if payment has already been made? If you have already paid for major repairs once and then factors are discovered that exempt you from this obligation, you retain the right to file an application for refusal.
In addition, you can even return the amount paid if you were not previously aware of the circumstances under which you might not have paid the fees.
Before the first payment
Is it possible to refuse to pay for major home repairs before paying the down payment? It is best to apply for a fee waiver immediately after the first receipt arrives..
This way, you will not arouse suspicion from the justice authorities and you will not be wrongly charged a fine. This way you will save yourself from unnecessary problems and litigation.
How to refuse payment for major repairs in an apartment building?
How can I refuse to pay for major repairs of an apartment building and is it even possible to do this?
The owner cannot refuse to carry out major repairs in apartment buildings without apparent grounds. This is contrary to the Housing Code, Article 169, and therefore is a violation of the law.
The only thing a tenant can do is not allow workers into his apartment (for example, if work is being done around the house to change risers or radiators). But in the event of further leaks and breakdowns, it is the tenant who takes responsibility for the condition of a particular section of communications and will repair them at his own expense.
If you have certain grounds that exempt you from payments, you can refuse to carry out major repairs in an apartment building. You can propose this idea at a meeting. If the residents agree with you, a collective statement is written and submitted to the management organization.
If you are the only one against it, the overhaul will be carried out, but without your contributions. But remember that if you do not have grounds for this, tenants can collect non-payment from you.
What will happen to the money paid?
What happens to the money after refusing to pay for major repairs? 
With the question of whether it is possible to refuse major home renovations, everything is more or less clear. What to do with the money already paid?
If residents collectively refuse to make major repairs due to real reasons (the house has recently been commissioned or the communications are in good condition), they can proceed with the funds previously handed over as follows:
- Leave it in the account of the capital repair fund for your home. Sooner or later, global construction work will be needed, and the amount will already be ready.
- Residents also have the right to demand the return of previously paid funds. To do this, the regional operator of the fund or the management organization is presented with a collective statement, which indicates that the residents want to get the money back.
Within a month, the application must be granted, and the money from the fund must be divided among the residents in proportion to their payments.
Which path to choose is up to the owners of the apartments in the building to decide at a general meeting of residents.
Despite the fact that the legislator obligated everyone to take part in the maintenance of the house, fairness still remains, according to which in some situations contributions are not necessary.
It is important to know your rights and be familiar with the legislation in order to understand in time whether you belong to one of the categories of citizens exempt from payment or not. If you yourself know and respect your rights and interests, then others will not be able to take advantage of your ignorance for their own purposes.
Well, is it possible to refuse contributions for major repairs and how to do it correctly, you now know well.
One wonderful person (I will not give his full name, status, position and affiliation with government bodies) sent me a sample application, the submission of which eliminates all questions regarding payments to someone for some mythical major repairs.
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A sample is shown below:
General Director of the Fund "Regional operator of capital repairs of common property in apartment buildings in the Chelyabinsk region"
Borisov Vadim Borisovich
454020, Chelyabinsk, st. Obraztsova, 7.
owner of premises No. _, at the address:
454012, Chelyabinsk, ______.
Statement
on refusal to enter into an agreement with a specialized non-profit organization - the “Regional operator of capital repairs of common property in apartment buildings in the Chelyabinsk region” fund on the formation of a fund for capital repairs of common property in an apartment building and on the organization of capital repairs.
In accordance with Article 7 of the Federal Law of January 12, 1996 No. 7 - Federal Law “On Non-Profit Organizations”, for the purposes of this Federal Law, a fund is recognized as a non-profit organization that does not have membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially beneficial purposes. The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders are not liable for the obligations of the fund they created, and the fund is not liable for the obligations of its founders.
According to the Law of the Chelyabinsk Region dated June 27, 2013 No. 512-ZO “On the organization of capital repairs of common property in apartment buildings in the Chelyabinsk Region,” the founder of the “Regional Fund” is the Government of the Chelyabinsk Region, which decided to create a non-profit organization “Regional operator of capital repairs of common property in apartment buildings in the Chelyabinsk region" (hereinafter referred to as the fund) in order to form a long-term system of capital repairs of apartment buildings in the Chelyabinsk region.
I am the owner of premises No. _ in house No. _ on _____ in the city of Chelyabinsk, Chelyabinsk region, but I am not the founder of the “Regional Fund”. I am also not the owner of real estate common property, because... The certificate of ownership of the apartment at the specified address issued to me does not indicate my right to dispose of and bear the burden of ownership of a share of the common home property, which was not transferred to me and was not assigned to me.
In the apartment building in which the premises belong to me by right of ownership are located, there was no general meeting of the owners of the premises on the entry of the owners of the premises into the public association “Regional Operator of Major Repairs of Common Property in Apartment Buildings in the Chelyabinsk Region”. At the same time, Article 6 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations” states: members of a public association are individuals and legal entities - public associations whose interest is in jointly solving the problems of this association in accordance with the norms of its charter is drawn up with appropriate individual statements or documents that allow taking into account the number of members of a public association in order to ensure their equality as members of this association. Members of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.
Consequently, presenting me with receipts for payment of contributions to the “Regional Fund” is an illegal action, because I did not apply to you to join your public association. Also, I did not provide you with my personal data, as well as permission to use them, including those set out in the receipt presented to me.
Clause 1.1 part 2 art. 44 of the Housing Code of the Russian Federation, making decisions on the choice of method for forming a capital repair fund and the amount of contribution for capital repairs is the right and responsibility only of the general meeting of owners of the premises of the house. This right of owners is enshrined, among other things, in Part 2 of Article 35 of the Constitution of the Russian Federation. Article 421 of the Civil Code of the Russian Federation enshrines the right to freedom of contract, including the right of each party to participate in contractual relations or not to participate.
Also, to clarify my position, I would like to draw your attention to the fact that, by virtue of Part 2 of Art. 432 of the Civil Code of the Russian Federation, the “Draft Agreement” sent to me should be considered only a proposal to conclude an agreement with you (i.e., an offer).
However, based on the meaning of Art. Art. 160, 426, 432 and 435 of the Civil Code of the Russian Federation, the offer must meet the following requirements:
The offer must be sufficiently definite for its addressee to be able to draw a correct conclusion about the will of the offeror (paragraph 1, part 1, article 432 of the Civil Code of the Russian Federation);
The offer must express the intention of the offeror to consider himself obliged to conclude the contract proposed by him in the event of its acceptance (Part 2 of Article 432 of the Civil Code of the Russian Federation);
The offer must contain all the essential terms of the agreement, which include conditions on the subject of the agreement, conditions recognized by law or other legal acts as essential, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached (paragraph 2, part 2). 1 Article 432 of the Civil Code of the Russian Federation).
Any offer, with the exception of a public one, must clearly identify its addressee.
The draft agreement sent by the Regional Fund for the Capital Repair of Apartment Buildings in the Chelyabinsk Region is not public due to Art. 426 of the Civil Code of the Russian Federation, therefore, cannot be recognized as a public offer. The offer must be signed by the offeror and sent to the other party (Part 1 of Article 160, Article 435 of the Civil Code of the Russian Federation, conditions of business custom). The “Draft Agreement” sent to the “Regional Operator for Major Repairs of Common Property in Apartment Buildings in the Chelyabinsk Region,” which in its essence is an offer to conclude an agreement, does not meet any of the above requirements of the legislation of the Russian Federation.
I would like to note the practice of the European Court of Human Rights. There is a decision of the European Court in the case of Van Marle v. the Netherlands (1986), in which the Court recognized that the obligations of the State to carry out any work in the interests of citizens are property in the sense of the concepts laid down in Article 1 of Protocol No. 1. Translated into simple language, this means “the obligations of the state to a citizen are equal to the citizen’s property in this amount,” and according to Article 1 of Protocol No. 1 of the European Convention, “No one may be arbitrarily deprived of property, this can only happen in the interests of society and on conditions provided for by law and the general principles of international law.” This means that no one can be deprived of the right to receive from the state major repairs of a house in which a citizen has a privatized apartment.
Decisions of the European Court are also binding for Russia by virtue of Part 4 of Art. 15 of the Constitution of the Russian Federation, which proclaims the principle of priority application of norms contained in international treaties: Generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply.
The Housing Code (Part 5 of Article 155, Parts 2 and 3 of Article 158) imposes payment for major repairs on the owners of premises. But, according to the law, the norms of the Housing Code of the Russian Federation cannot in any way be given greater legal force in comparison with the Constitution of the Russian Federation or international law. This means that the provisions of the national law that impose the obligation on the owners of residential premises to pay for major repairs of privatized housing are not subject to application.
In accordance with Art. Art. 54, 55, 56, 56 of the Constitution of the Russian Federation in the Russian Federation laws should not be issued that abolish or diminish the rights and freedoms of man and citizen. The above law worsens my situation and is not retroactive. This position is expressed in the ruling of the Supreme Court of the Russian Federation No. 57-APG14-2 dated June 4, 2014.
Based on the foregoing, I, _____, as the owner of the premises, notify you that I refuse to conclude the agreement you proposed and ask you to voluntarily stop presenting receipts to my address for paying contributions to your public organization.
Sincerely,
citizen of the Russian Federation Date / Signature
For non-Chelyabinsk residents, the details, of course, must be replaced with local ones.
5/5 (16)How to write a statement refusing to pay for major repairs
Carrying out major repairs in an apartment building depends on the will of two parties: the management company and the owner of the residential premises. If the owner does not want the management company to issue him invoices for making contributions for major repairs, he must write a statement refusing to pay for such a service.
The document is drawn up in free form and signed by the owner of the property. It is not necessary to indicate the reason for refusing the company’s services for major repairs.
If you have any difficulties writing an application, you can contact the management company. Its employees will present ready-made forms. All you have to do is enter your details and sign. However, when using a ready-made form, you should keep in mind that the management company may include many other dubious requirements in the document. Therefore, it is better to take the forms home and read them carefully. If necessary, consult with a lawyer. And only after that draw up a document.
The standard condition for waiving fees for major repairs is the responsibility of the homeowner for independently eliminating the consequences of accidents if they occur in the tenant’s area of responsibility.
If the proposal of the management company does not satisfy the homeowner, he draws up an application in his own version, dates it and signs it. The document is drawn up in two copies. One is given to the management company, on the second it makes a note about receipt of the application.
When drawing up an application, you must comply with the requirements for writing business papers.
Attention! So, the paper must contain the following data:
- full name of the management company, its legal form of ownership, name of the locality, name of the street and number of the building where it is located;
- position, surname and initials of the manager;
- last name, first name, patronymic, residential address of the applicant, means of communication in the form of a telephone number or email address;
- title of the document “Statement of refusal to pay for major repairs”;
- legal justification for the decision made with reference to the norms of current legislation;
- list of attached documents;
- date, signature, surname and initials of the applicant.
Remember that a legally competent document is the key to a positive decision.
Required documents
Important! As additions that are attached to the application submitted to the management company for refusal to pay contributions for major repairs, the following should be indicated:
- extract from the Unified State Register of Real Estate. Since 2017, this document is the only one that confirms the right of ownership of housing;
- a copy of the personal account.
Where and how to submit
If the management company does not accommodate the homeowner and does not agree with the application received, its actions can be appealed.
To do this, you can contact the following authorities:
- local government capital repair fund;
- administration of the locality at the place of residence;
- to the local prosecutor;
- to the magistrate's court with a statement of claim.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.
Each body considers complaints and appeals from citizens within the period prescribed by law. Given the postal document flow, it will take a little longer to wait for a response to the complaint.
What happens if you refuse major repairs?
Each owner of a residential property, when deciding to refuse to pay contributions for major repairs, should know the consequences to which it leads. As a general rule, the general meeting of homeowners of an apartment building makes a decision on the need for major repairs.
Naturally, not everyone will agree. However, in order to refuse, the owner will have to sign the appropriate papers. Article 169 of the Housing Code of the Russian Federation requires compelling reasons to be provided.
The opinion of owners who refuse to pay contributions for capital repairs does not depend on the adoption of a general decision. With a high degree of probability, the general meeting will decide to pay fees and carry out major repairs in the house.
During the work, the risers through which hot and cold water and gas are supplied will be replaced. Workers will also need access to apartments whose residents have refused major repairs. If the opportunity to carry out the work is not provided, the management company has every reason to go to court to force such residents to provide access to the apartment.
Please note!
When carrying out major repairs in the entire multi-apartment residential building, the equipment will be replaced with new ones. For refuseniks, it will remain old. And in the event of an accident, such homeowners will be required to compensate for the damage caused to neighbors.
Thus, every apartment owner has the right to refuse to pay for major repairs. However, you should also think about the possible consequences of such a decision. After all, you will have to not only compensate for the damage, but also liquidate the accident at your own expense.
What does the repair include and who may not pay?
- There is not an owner of an apartment building who has no idea what is included in the work of carrying out routine repairs.
- carry out cosmetic whitewashing and painting;
plaster the walls and so on.
The overhaul work includes a list of other works.
- Remember! This:
- restoration of external walls along the entire perimeter of the building. Particular attention is paid to the façade of the building;
- bringing the basement of the house into normal technical condition, allowing its use by the residents of the house and ensuring safety for their lives;
- maintaining the roof in good condition, replacing damaged coverings;
- strengthening the foundation of the building if necessary;
- replacement of elevator equipment, repair of cabins;
replacement of the sewerage system, cold and hot water supply, heating systems.
Owners of new buildings are especially opposed to fundraising. After all, the house is still under the developer's warranty. However, this approach is wrong. It is better to immediately collect small sums for future repairs than to invest significant funds later.
- residents living in houses that are recognized as unsafe and are being prepared for resettlement. If for some reason the management company issued bills to such residents, then it is obliged to return all the money collected;
- owners of residential premises that are subject to recovery in favor of the state;
- single pensioners who have reached the age of eighty.
Half of the fundraising rate for major repairs is paid by:
- disabled people of the first and second groups;
- pensioners over seventy years of age, if they live alone or the family consists of pensioners;
- disabled children;
- owners whose dependents are disabled children.
Attention! Citizens not included in these categories must pay contributions for major repairs.
How can you reduce the cost of major repairs?
Practical life has developed several legal ways, using which homeowners can save on payments for major repairs.
- renting out housing if there is a second place of residence. Thus, at the expense of rent, it is possible to painlessly make deductions for future major repairs for the family budget. However, most citizens do not have this opportunity;
- a homeowners' association can independently organize its own fund to raise funds for major repairs. Such a decision is made by the general meeting and is binding on all owners;
- rent out common property. This applies to basement and attic spaces for commercial use by business entities. External walls of buildings - for advertising.
These methods are possible only with the consent of the majority of apartment owners, documented in the minutes of the general meeting.
You can use another method - simply not pay contributions for major repairs. However, such an attitude of the homeowner will sooner or later lead to a court hearing as a defendant.
If homeowners make payments on time, collecting funds for major repairs, then they avoid many problems.
Watch the video. How to avoid paying for major repairs:
Filing a claim in court
If the owner of a residential property does not agree that he was charged a fee for major repairs, he has the right to legally demand the return of the amounts paid. In addition, the lack of an agreement with the management company, as well as ignoring the opinion of home owners when approving estimates for repair work, may serve as grounds for litigation.
Important! These cases are considered as an infringement of the rights and legitimate interests of citizens. To protect them, a judicial procedure is used to contact the prosecutor's office and the local administration of the locality.
If you decide to file a claim, you can be guided by the Federal Law on the Protection of Consumer Rights. In addition, the content of the application itself must comply with the requirements of civil law.
Otherwise, the claim will be left without consideration.
- the name of the court where the claim is filed, indicating the name of the locality, street name and number of the building where the court is located;
- last name, first name, patronymic, residential address of the plaintiff, methods of contacting him in the form of a telephone number or email address;
- full name of the defendant, its legal form of ownership, legal address, contact details, if known;
- the price of the claim, including the amount of funds paid for major repairs, the amount of compensation for moral damage caused;
- title of the document “Statement of Claim for Protection of Consumer Rights”;
- the grounds for the dispute between the plaintiff and the defendant, what it is;
- what measures were taken to resolve relations between the parties peacefully;
- legal basis for going to court;
- requirements for collection of funds;
- request to be exempt from paying state duty on the basis of paragraph 3 of Article 17 of the Law on the Protection of Consumer Rights and paragraphs 2, 4 of Article 333.36 of the Tax Code of the Russian Federation;
- list of attached documents;
- date, signature, surname and initials of the plaintiff.
ATTENTION! Look at the completed sample claim for restoration of limited and violated consumer rights and compensation for damage caused:
A legally competent application has a greater chance of a positive decision in court. Therefore, if necessary, it is better to seek help from a professional lawyer.
In addition, owners of residential premises who made payments for major repairs, but did not have an agreement for the provision of utility services, or it had expired, have a greater chance of success. In this case, collecting payments will be considered illegal.
If the owner did not pay the bills issued to him, but proves in court that his actions are lawful, the chances of success will be minimal.
Evidence that can be considered in favor of the plaintiff is the refusal of the management company to provide an official contract for the provision of utility services. This fact is a direct violation of consumer rights, as stated in Article 37 of the Federal Law on the Protection of Consumer Rights.
An analysis of this legal norm indicates that the owner of a residential premises, acting as a consumer of utility services, is obliged to pay for the services provided. However, this process is only possible through contractual relations.
Therefore, if there is no agreement, the consumer does not have the opportunity to agree on an estimate for major repairs. And also check which works were planned and which were actually completed.
Please note!
The management company is obliged to conclude an appropriate agreement with each owner of the residential premises. If a refusal follows, then such actions are regarded as intentional. Therefore, the violation of consumer rights is obvious.
If we approach this issue from a legal point of view, then payment by the consumer for services means that the work has actually already been completed. Therefore, the management company, without concluding an agreement, is actually not interested in carrying out major repairs.
Homeowners should be aware of one legal nuance.
Article 169 of the Housing Code of the Russian Federation states that contributions for major repairs should be paid eight months after the approval of the regional program for major repairs in multi-apartment residential buildings.
Moreover, every house that is subject to major repairs must be included in this program. If the house is new, then no one will include it in the regional program. Therefore, the owners of apartments in such buildings have the right to dispose of funds allocated for major repairs at their own discretion. This requires a decision by the general meeting of homeowners.
Good afternoon, Angela! Unfortunately, property owners are required to pay for major repairs.
Article 169. Contributions for major repairs of common property in an apartment building
1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 4 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
2. Contributions for major repairs are not paid by the owners of premises in an apartment building that is recognized in accordance with the procedure established by the Government of the Russian Federation as being in disrepair and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on the seizure of a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. Owners of premises in an apartment building are exempt from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.
2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for major repairs, calculated based on the minimum amount of the contribution for major repairs per one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard of regulatory area of residential premises used to calculate subsidies, single living non-working owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as those living as part of a family consisting only of non-working citizens living together retirement age, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
(Part 2.1 introduced by Federal Law dated December 29, 2015 N 399-FZ)
3. The obligation to pay contributions for capital repairs arises for the owners of premises in an apartment building after eight calendar months, unless an earlier period is established by law of the constituent entity of the Russian Federation, starting from the month following the month in which the approved regional capital program was officially published renovation, which includes this apartment building, except for the case established by part 5.1 of Article 170 of this Code.
If payment is refused (full or partial), the defaulter will be charged late interest.
The basis for this is Article 155 (Part 14.1) of the Housing Code of the Russian Federation.
14.1. Owners of premises in an apartment building who have lately and (or) not fully paid contributions for capital repairs are required to pay a penalty to the capital repair fund in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for every day of delay starting from the thirty-first day following the day of the established payment deadline until the day of actual payment. Payment of the specified penalties is carried out in the manner established for the payment of contributions for major repairs.