The Housing Code of the Russian Federation states that homeowners are required to accumulate funds, which in the future can be spent on updating and restoring an apartment building.

The majority of citizens were outraged by the latest “extortions”; people tried to evade contributions, swear, and write complaints. In law don't pay for major repairs is allowed only to certain categories of citizens (this will be discussed below), but almost everyone can minimize the cost of contributions; for this you need to know some nuances.

Major repairs: to pay or not?

How legal the demands for payment of contributions for major repairs are is probably of interest to all citizens of our vast country.

In apartment buildings, sewer pipe breaks, wall collapses and other emergencies often occur. Such cases not only unsettle people, but also cause loss of life. The state does not finance such issues, which means that homeowners, that is, you and me, must take care of safety and comfort. But is it legal? Do I need to pay for major repairs in 2018?

To put it in simple and understandable language:

• according to Art. 169 of the Housing Code of the Russian Federation, residents must independently raise money for repairs of the house in which they live;
• according to Article 157.1 of the Housing Code of the Russian Federation, all homeowners must contribute money for major repairs to a special fund;
• According to the law, WWII veterans, group I disabled people, low-income people and large families are not allowed to pay for major repairs of apartment buildings.

All other citizens are required to pay for major repairs. If this is not done, the municipality will start making phone calls and also sending notifications to the homeowner’s address that they need to repay the debt that arose due to failure to pay for major repairs.

The longer a person does not pay his fees, the more penalties he will have to pay later. They are charged for every 30 days of delay.

If within 6 months the owner of the property does not respond to requests from the municipality, then the case is referred to the judicial authorities. During the proceedings, the person will have to prove that he did not pay contributions for major repairs legally. If this fails, the citizen will have to pay not only the debt and accrued penalties, but also the funds spent on litigation.

How to legally avoid paying for major repairs in 2018

It will not be possible to completely avoid paying for major repairs, but it is quite possible to significantly reduce this expense item. To do this, you can resort to the following tricks:

1. Rent an apartment. Many people use this option. When renting out living space, you can oblige tenants to pay for major repairs. After all, they are the ones currently living in the house, which means they must take care of their comfort and safety.
2. Some residents of apartment buildings, in order to save the family budget, carry out restoration work on their own. With this approach, you won’t be able to spend any money at all, since you’ll have to buy materials and tools for the job.
3. Place a banner on the facade of an apartment building. This option is good for large cities. Residents have the opportunity to legally avoid paying for major repairs, thanks to the fact that funds for placing a banner are sent to a fund that raises money for restoration and restoration.

As you can see, refuse to pay for major repairs legally possible. The main thing is to try a little. If you simply do not deposit funds due to personal reluctance, then you can “earn” an administrative penalty.

Major repairs are a topic that worries almost all citizens. In any case, those who pay. After all, such a penalty has appeared in payments for apartments since 2012 in Russia, but it began to take effect in 2014. Many people wonder whether to pay on a receipt for major repairs? This question is really very important. It causes a variety of reactions from the population. Some people obediently run to pay the next payment, while others line up and go out to demonstrate against this payment. So what is the right thing to do? You will learn more about major repairs and related payments further.

What is a major overhaul

Have you received a receipt for major repairs? Do I have to pay for it? The question is controversial. It causes certain difficulties even for lawyers. Therefore, you should consider all possible options and everything related to major repairs.

The first step is to figure out what we are talking about. What is a major overhaul? This is a kind of maintenance of housing in a normal, habitable condition. We are talking specifically about the house (entrances), and not about apartments. That is, if you need to repair the elevator, change the railings or patch the roof, a major overhaul is carried out. Previously, this process was fully funded by the state. But now the population is receiving receipts for major repairs. Do I need to pay for it?

A strange payment appears

It is very difficult to give an exact answer. After all, no one had paid for major repairs before. But since 2012, a new column has appeared in housing and communal services. It caused indignation among residents. Why?

Previously, all housing was public. And therefore, its repairs were carried out at the expense of the regional budget. That is, residents could not make any contributions for major repairs. But over time, privatization came to Russia. More and more housing was transferred from state ownership to private individuals. And house repairs were still paid for from the state treasury. At the moment, approximately 85% of the exploited square meters are owned by citizens.

In this regard, in 2012 it was decided to introduce payment for major repairs. This phenomenon caused indignation among residents. Especially those who do not own a home. Did you see the column on the housing and communal services receipt “Major repairs”? Is it possible not to pay? To fully understand what's what, it is necessary to turn to modern Russian legislation.

Laws

On December 25, 2012, Federal Law No. 271 “On Major Repairs” was adopted. It obliges all residents to pay not only for utilities, but also for the upcoming major repairs of your home.

Also, the Housing Code of the Russian Federation states that apartment owners are obliged to maintain their homes in a habitable condition at their own expense. In other words, now everyone from their wallet must pay for the replacement of the elevator or

All payments are made to the Capital Improvement Fund. That is, from a legislative point of view, homeowners will repair apartment buildings at their own expense. Is a young citizen or an elderly citizen obliged to pay for major repairs (receipts are received regularly by owners of residential premises)? Yes, that's what the law says. All citizens are obliged to pay for this, along with all other housing and communal services.

Refusal of services

But is it necessary to pay? All citizens receive a receipt for major repairs every month. However, many people wonder how to refuse this payment. Maybe there are some loopholes in the legislation that will help avoid additional penalties from tenants?

Unfortunately, there are none. No one can legally refuse major repair services. This is not provided by law. The only thing citizens are allowed (and even then illegally) is to ignore incoming bills. There is no other option. It has already been said that laws in Russia oblige all residents to pay for major repairs of apartment buildings at their own expense.

Calculation rules

The methodology for calculating the amount of contributions to the Capital Repair Fund is interesting. It serves as the first reason for the population's discontent. The fact is that the amount of payments is set at the regional level. That is, for the same square meters, citizens in different cities will make unequal payments.

The area of ​​the home is also taken into account. And no matter how strange it may sound, the presence of an elevator in the entrance. After all, it also needs to be maintained! It is not difficult to guess that citizens who have an elevator will pay more. The age of the building also plays an important role. The older the house, the higher the payments.

Do I need to pay receipts for major repairs? Yes, if it's legal. But citizens often refuse these payments, thereby violating the established rules for maintaining housing. A sense of injustice is the reason that forces one to behave this way. After all, the difference in payments by region is significantly different. For example, in Moscow, a square meter of housing requires a deposit of 15 rubles, and in St. Petersburg - 2.5 rubles. It turns out that residents of the capital pay almost 6 times more for major repairs.

Service and payment

Should I pay according to the receipt for major repairs? This population has been deciding on its own for a long time. Some people make these payments, some still refuse them and act at their own peril and risk. But if you do everything according to the law, then every month you are required to contribute a certain amount to the Capital Repair Fund.

Some refuse this penalty and try to find a legal justification. Homeowners are beginning to study consumer rights laws and the Civil Code. Initially, you must be shown the product, you make sure that it works, and then, if everything else is satisfactory, you make the payment. It’s quite logical - if something doesn’t suit you, no one will oblige you to buy the wrong thing.

The situation with a major overhaul can be interpreted in the same way. In theory, the KR Foundation offers you certain services. But you definitely cannot evaluate the quality of the work done. It turns out that the population pays in advance. This is not entirely correct. Should I pay according to the receipt for major repairs or any other city - it doesn’t matter where exactly you live)? From this point of view, you can avoid paying bills. But, on the other hand, there are laws obliging everyone to pay monthly fees for the repair of apartment buildings.

New buildings

With old buildings everything is clear - they will have to be repaired in any case. Therefore, such payments do not cause particularly strong indignation among people living in old houses. But what about those who have recently moved into a new building? Do I need to pay? Receipts for major repairs are sent to each apartment. It doesn't matter how old your house is.

It turns out that citizens who live in new buildings, along with everyone else, are required to make monthly contributions to the Capital Repair Fund. But here again, dissatisfaction on the part of the residents is manifested. Why? The new house does not require major renovations. Many simply may not live to see the moment when the building really needs a major overhaul. It turns out that money is paid just like that. You most likely won't see results.

What about apartment renovation?

Did you find a column in the housing and communal services receipt “Major repairs”? Is it possible not to pay for this service? It has already been said that it will not be possible to refuse these penalties or evade them legally. Some people believe that major repairs include the restoration of apartments. Is this true?

No, this is a wrong opinion. The Capital Repair Fund collects funds based on the area of ​​a particular apartment, but only maintains common property in the home. These include:

• roofs;
• foundations;
• house facades;
• basements;
• communal meters;
• elevators;
• engineering communications.

Everything else is repaired either by each citizen independently or by agreement with neighbors. Such rules are currently in force in Russia. Of course, apartment renovation is the business of every owner. He carries out this process only at his own expense.

At your own risk

Do I need to pay receipts for major repairs (Voronezh, like any other city, sets its own tariff)? You are required by law to make payment. But as already mentioned, many refuse this. What to expect in this case? And is it really dangerous to refuse monthly contributions to the Capital Repair Fund?

At the moment in Russia, these payments are equated to utility services. This means that standard debt collection measures will be applied to the population. Of course, they won’t turn off your communications, but they can invite you to court. If you answered the question of whether to pay on a receipt for major repairs in the negative, you can prepare for the following penalties:

• seizure of property for the amount of debt;
• ban on traveling outside the country;
• seizure of property;
• judicial debates.

Also, in case of debts, a penalty is charged. Therefore, the size of your debt will increase more and more every month. Think about the possible consequences. Have you received a receipt for major repairs? Do I have to pay for it? Answer this question yourself, taking into account all the consequences that may await defaulters.

Emergency houses

Don't despair! In fact, not everything is as bad as it seems. People cannot refuse major repairs. But you can avoid paying fees. More precisely, get benefits for this payment. They are available only to a small number of citizens.

According to the Housing Code of the Russian Federation (Article 169), persons who own property in dilapidated buildings, as well as in buildings that are subject to demolition, are exempt from contributions for major repairs. Please note: if you have already made a payment to the Capital Repair Fund, and a month later the house is declared unsafe or is registered for demolition, the money paid will have to be returned to you in full.

For the state

What else should you pay attention to? If you are wondering whether you need to pay receipts for major repairs, do not rush to despair. This payment is not made in emergency buildings. And in houses that are subject to demolition, including. But these are not the only special cases where contributions to the Capital Improvement Fund can be avoided.

For example, you own an apartment that is located in a building, the land of which is transferred to the state or municipality. Not a very common case, but it does happen. When the land belonging to a particular building is given to the state, citizens may not have to pay for major repairs.

For real estate sales

One small piece of advice: if you plan to sell your apartment, pay off all debts. Major repairs will have to be paid for first. After all, according to Article 158 of the Housing Code, the buyer will receive all your obligations for these payments (specifically for major repairs; they are not transferred to the new owner). I received a receipt for major repairs. Do I have to pay for it?

Sooner or later, the lack of contributions for major repairs can play a cruel joke on you. Few people will agree to buy an apartment with a large debt. Especially for major repairs, which already causes a strong negative reaction from the population.

Let's sum it up

Should I pay according to the receipt for major repairs? The question is controversial. Laws in Russia indicate that each owner of residential or non-residential premises located in a house must make contributions to the Capital Repair Fund on a monthly basis in the established amounts. But only in practice, many refuse this payment. The law on the payment of funds for the overhaul of apartment buildings was issued not so long ago. And so far, few people have been punished for late payments.

Despite the dissatisfaction of the population, there are no mass refusals of this penalty. If you don’t want to have problems with the law, and also calmly if you want to sell your apartment, you are obliged to make payments for major repairs. This way you definitely won't have any problems. Remember that the lack of payment for housing and communal services entails negative consequences!

Russians traditionally undertake the repair and maintenance of their apartments and houses themselves, using the services of specialists only in extreme cases. This attitude towards the maintenance of one’s own home is in conflict with the new law, in force since 2015, on services for major repairs. Of course, it does not apply to the immediate living space of the apartment owner and extends to the sphere of public services and, at first glance, is quite objective and aimed at good.

However, the need to pay for the good intentions of the authorities with our own finances forces us to delve into the intricacies of the innovation in detail, and also to look for the answer to the question: if you don’t pay for major repairs, what will happen? For some it seems rhetorical, for others it is a reason to think about the possible consequences after making such a decision.

How much will it cost?

Inaccurate data on tariffs for new utility bills is not uncommon. The same can be said about payments for major repairs. Average tariffs that determine how much to pay for major repairs vary from 5 to 15 rubles. per sq. m. That is, the regions independently set the amount of contributions based on the state of the local housing stock. The highest rates were noted back in 2014, when figures of 20-50 rubles were announced. At the moment, experts still note the possibility of using modern technologies and materials, as well as the likelihood of increasing the time between repairs.

Presumably, these factors, even in the most neglected regions, will not allow raising the minimum reasonable price above 20 rubles. per sq. m. The unpleasant moments in this part include the fact that many citizens have already encountered high commissions when paying at the post office and through savings banks. On average it is 30-50 rubles.

Who should pay?

According to the law, owners of apartment buildings must pay for major repairs. Now it’s worth figuring out whether all apartment owners need to pay for major repairs? According to the authors of the law, the poor should not suffer. In this regard, benefits for payments for major repairs will be received by the same citizens who currently have them for everything

In other words, the Second World War, as well as a number of citizens who are included in social support programs, are not among those who must pay for major repairs and related services. Payment of benefits will be carried out according to the old scheme: if the cost of paying for real estate after including major repairs exceeds by 10%, the family will be entitled to subsidies.

What is included in the overhaul?

To assess the feasibility of contributions for major home repairs, it is worth familiarizing yourself with the list of works included in this public service item. It includes the following:

• repair of roofing coverings and load-bearing structures;
• recovery and ;
• repair work in basements;
• putting foundations in order;
• renovation or repair of engineering systems (sewage, water supply);
• replacement or installation of elevators.

Also, in some regions it is planned to audit smoke removal and fire extinguishing systems, carry out technical repairs, etc. But these are still isolated cases, since the cost of overhauls increases significantly against the background of the expansion of its scale. One way or another, the work described makes us reconsider the question: if you don’t pay for major repairs, what will happen? In this context, we mean what will happen to the house, because it was the number of apartment buildings in disrepair and in dire need of repair that motivated the authorities to take such radical measures.

Repair guarantees

There are many people who view home renovations positively. Whether to pay or not is not a question for them, but there should be guarantees. In any case, many want to have confidence that the money will not be stolen, but will be used in accordance with its intended purpose. Regional operators will take responsibility for this. Departments are being formed in their departments, whose tasks include carrying out major repairs using funds received by regional funds according to the plan. All apartment buildings are included in special lists with registers, access to which will be provided to any payer. Thus, you can track the expenditure of funds and the completion of repairs for each object.

Arguments against contributions

Since its adoption, complaints about the amendment have been coming not only from ordinary citizens, but also from experts. In particular, the feasibility of the innovation is questioned for the reason that apartment owners do not own common property. It is this aspect that justifies the very formulation of the question: should I pay for major housing repairs or not? The fact is that the municipality transfers ownership of only a certain area of ​​the house, but the attic, roofing, utility networks and basement are not the property of a specific resident. A typical example illustrating the injustice of this approach is the obligation of owners of apartments on the ground floor to invest money in replacing the elevator.

In addition to this, the timing of when the planned plan to improve the condition of the housing stock will be implemented is unknown. For this reason, many owners deliberately refused to pay for major repairs, since at the time of its implementation they would completely change their place of residence. For reference: in some regions, the implementation of repairs lasts for decades - and this is only based on documents.

What if you don't pay?

It is difficult to predict what the practical consequences will be for those who refuse such cooperation with the municipality. In theory, the apartment owner has the right not to pay in full all the columns in the utility receipt. However, the question remains: if you don’t pay for major repairs, what will happen? The capital repair funds note that people who have debts under this item will receive notifications. After this, as in the case of other utilities, you must wait for legal proceedings. In accordance with the law, interest will also be added to the amount of debt every month. However, from the moment a house is included in the list of those subject to major repairs, its owners have the right to independently determine the format for collecting money for the “repair fund.”

There are also rumors about the abolition of monthly compensation for citizens in the socially protected category. This primarily concerns pensioners. That is, if the owner of this group does not pay for major repairs, then the benefit in the form of EBC is canceled for him. In fact, such a measure has no basis, since monetary compensation does not apply to major repairs.

How not to pay legally?

The most rational way to get rid of new obligations may be one of the options proposed by the authorities: using rental savings from renting out non-residential premises in the house and independently carrying out repairs at the expense of the residents. Of course, in this case, it is impossible to avoid collecting money, which will also be used for major repairs. To pay or not to pay according to the receipt - such a question will disappear and will be transferred to the responsibility of the meeting of homeowners.

Overhaul at home expense

This alternative option is convenient for those who do not want to pay utility companies and plan to carry out the repairs themselves. The scheme is quite understandable and has been worked out in other areas of public utilities: the owners at a general meeting decide to open a house account from which the financing of maintenance activities will come. In this case, a legal suspension of payments is allowed and there is no need to pay for major repairs to regional funds. However, it is important to note that the amount in the house account must correspond to the minimum established by the regional authorities for major repairs. That is, the money collected independently must correspond to the size of the total payments for a particular house.

Financing from rent and advertising

Almost every apartment building has non-residential premises. Since the mandatory payment of contributions for major repairs assumes that all the property of the building is in the possession of the residents, they can dispose of it at their own discretion. For example, rental income can cover the cost of major repairs. To pay or not to pay - in this case the question does not arise. Moreover, the apartment owner may not invest a penny at all from his personal pocket.

But again, the main thing is that the amount from renting out non-residential space is enough to cover the costs of repairs. In addition to this method, we can also note the possibility of providing the facade as an advertising platform. By the way, the new law may become a reason to check how this financial potential is used in the house. The most active members of self-government often receive income from rented premises. Perhaps they should be redirected to directly improving the condition of the house?

Houses in disrepair - do you have to pay?

At the moment, this is the most pressing issue that affects not only the overhaul program, but also the procedures for relocating residents. The law precisely states whether it is necessary to pay for major repairs in dilapidated housing - no, until it is excluded from the program. However, in many regions there are cases when apartment owners in buildings beyond repair complain about receipts with clauses indicating payment for something deemed to be in disrepair, which should be excluded from the list of objects for the restoration of which funds are collected.

Similar inconsistencies arise from other problems. In this case, these are delays in resettlement. People complain that while they wait in line, they have to pay the costs of maintaining a potentially uninhabitable house. In this regard, an interesting question is: if you do not pay for major repairs, what will happen to housing that has received the status of emergency? The authorities indicate that all funds collected for such houses will be used for their demolition and the implementation of a resettlement program.

Conclusion

As is known, many laws reveal significant shortcomings in the first stages of implementation and are adjusted in accordance with them. Most likely, this will also be the case with the mandatory overhaul of houses, since its shortcomings have a very noticeable impact on the financial well-being of citizens. At the same time, it is important to note the alternative opportunities that were left to people who wanted to put their homes in order on their own. True, even in such cases it will not be possible to avoid the hassle of organizing a major overhaul. After all, in addition to the general collection of money from the owners, it is necessary to look for and hire a contractor.

One way or another, today in Russia millions of houses need repairs. Whether to take responsibility for the maintenance of the house into their own hands or to entrust it to the state is a private decision for each house management. But one thing is clear: the costs of major repairs fall on the citizens themselves, and this is perhaps the main drawback of the new amendment.

Let's figure out which houses are new buildings? Do I need to pay for major repairs if the house is new, up to 5 years?

It doesn’t matter what the house looks like, what its communications are, or what its infrastructure is. The most important thing is the deadline.

In accordance with the amendments made to the Housing Code in 2015, a new building is a building that was commissioned after July 1, 2016.

Today, housing legislation is not very streamlined and is undergoing a stage of constant change.

Therefore, a situation very often occurs when in some newly completed houses, payments for major repairs constantly arrive, and in others they do not arrive at all.

Residents, unable and unwilling to use the legislation, either regularly pay contributions for major repairs in new buildings, or are unreasonably indignant.

But Are the actions of local governments legal in charging fees for major repairs of a new building?? When it comes to contributions for major repairs, it is important to take into account many nuances.

From what time does payment for major repairs in new houses begin?

Sometimes a situation arises when the house was commissioned before July 1, 2016. But in the next five years the construction is under warranty from the developer, which means that if any breakdowns of common property occur, the developer will eliminate the faults without the help of management organizations and, even more so, a capital repair fund.

It is precisely because of situations like this that citizens refuse to pay for major repairs because they are unnecessary.

If the house was commissioned earlier than July 1, 2016 and does not have a guarantee, then the residents need to hold a meeting.

So, at this meeting, issues related to the fund for collecting contributions for major repairs, as well as the need for future work, should be resolved.

If residents do not want to spend money on major repairs and believe that their house is in excellent condition, then they contradict Article 168 of the Housing Code, which talks about the obligation of all citizens to make these payments.

Do I have to pay for major repairs in a new building? Living in a new house, care must be taken in choosing a management organization. It can have very different organizational and legal forms - a homeowners' association, a management company, and so on.

This body is necessary to be responsible for the maintenance of an apartment building, carry out seasonal work, and also draw up a plan for future major repairs.

Only having a selected organization as a manager, as well as a capital repair fund, registered in a commercial or non-profit structure, can we talk about putting the house on the queue for major repairs.

In accordance with the law, this can be done after 3 to 5 years from the date of delivery of the house. That is, if the house was commissioned on July 1, 2016 and is subject to the law on exemption from payments for major repairs, then you will be able to carry out repair work only in 2019.

If you are wondering: should we pay for major repairs if our house is not 5 years old, keep in mind that each region and entity has its own regional legislation, according to which it is determined what period after completion is free from the obligation to make contributions for major repairs.

For example, in the Saratov region they are exempt from such payments for a period of 3 and a half years.

Upon expiration of this period, residents at the meeting prepare for upcoming payments and decide in what structure to form the fund.

Is it legal?

Despite the changes that have been made regarding the lack of payments in the first years after the delivery of the house, some management organizations continue to charge these payments in new buildings.

Many organizations responsible for home repairs and maintenance thus forming the so-called “control cushion” In case the period allotted by the legislation of the subject expires, and a breakdown occurs in the house, immediately get in line for major repairs.

But many charge these fees illegally, thereby lining their pockets. Unscrupulous management organizations often do this.

Only the legislation of the subject may allow the collection of payments ahead of schedule in connection with special cases, for example, if it turns out that the new house has a major drawback.

Also tenants can collect payments from owners themselves before the deadline expires. This is done in order to form a utility repair fund as early as possible in case of unforeseen breakdowns.

To pay or not?

If payments are accrued in receipts without a decision or by the residents at a general meeting, you may not pay, but only on the condition that your house is still a new building. This action on the part of management organizations is illegal.

To understand whether you need to pay for major repairs for a new home, also be sure to familiarize yourself with the legislation of the subject. Find articles that cover the numbers and dates when utility bills may be set for the first time for a new building.

If payments for utilities are calculated on time, then make deductions.

If the fee for major repairs in a new building is assigned at a time when in principle it could not be charged, then be sure to notify the administration and law enforcement agencies about this.

Fraudsters must be punished.

Is it possible to get a deferment?

It often happens that the deadlines set by the state do not suit residents. For example, in accordance with the regional law of the Tula region, fees for major repairs begin to be charged three years after the completion of the house.

But the construction is given a five-year guarantee from the developer, so residents see no point in paying ahead of time for major repairs in a new building.

Similar situations occur everywhere, but unfortunately, not all residents are ready to thoroughly understand the laws and time frames established by federal or regional legislation.

What to do in such a situation? If residents are confident that they will not need to carry out major work on the house in the next few years, then they can ask for a deferment.

This decision must be discussed at a general meeting of homeowners.

An application on behalf of all residents is submitted to the local administration, where it is considered by the housing commission.

After the condition of the house has been assessed, and the arguments of the residents have been taken into account regarding the request of the owners of the premises in the apartment building either a refusal is written or a deferment is issued.

The decision made by the administration cannot be canceled, therefore, if you receive a refusal, do not despair, but rejoice at the opportunity to begin the formation of a capital repair fund ahead of schedule.

Those buildings whose service life has exceeded five years cannot receive a deferment.

In this case, the fee for major repairs is charged in any case, since in housing legislation there is a concept of wear and tear.

If you are a resident of a new building, you will probably be able to protect your rights and finances without any problems. Fortunately, legislation in the field of housing law is gradually coming into line and becoming streamlined.

Let's hope very soon The deadline for the first payment after the completion of the house will be set not by each region, depending on its desire, but by a single state body and the relevant law.

Any house eventually collapses and becomes unusable. All residents are well aware that over time, the house in which they live needs to be repaired. For such purposes, funds are collected. But who should pay for it?

Is it necessary to pay?

« Major repairs of apartment buildings: to pay or not?“This is precisely the question that residents of houses that require major repairs torment themselves with.

Residents of our capital believe that paying fees for major repairs of premises is not a mandatory action on the part of citizens. In their opinion, this is contrary to the Russian Constitution. They addressed this issue to the district court. They consider the distribution of funds to be unfair. The fact is that funds for capital repairs of houses are collected, and with this money “other people’s” houses are repaired, according to the queue.

Citizens fear that by the time their house gets their turn in a few years, the money collected for repairs will be worthless and there will be no funds to repair their own house. Such payments to the fund for capital repairs of houses, in their opinion, should not be mandatory at all, since the funds are non-profit. And according to the law, such contributions must be made voluntarily. As a result, voluntary contributions in no way can be mandatory.

According to citizens, if the house was not renovated at the expense of budget funds before the privatization of residential premises, then the responsibilities of management companies should remain. And subsequent repairs will be carried out at the expense of the owners.

It should also be noted that the current law allows residents to open an individual account and accumulate funds individually only for their own home.

According to the law, a person has the right to pay or not pay for any service. However, first, he has the opportunity to check whether it suits him or not, and only then pay. Let's look at the most basic example of how fees for major repairs of an apartment building are usually paid.

Let's say a person wants to buy a TV. He comes to the store, chooses one, but then makes sure to check whether the equipment is in working condition. And only after he is convinced of this, he purchases it and pays for the cost of the goods. The same goes for major renovations.

Many citizens are dissatisfied; they believe that the prices for major repairs are too high, that such actions generally contradict their civil rights, so paying for major repairs often becomes an “acute” problem for residents. However, at the moment the law is in force and it is mandatory to pay. Unfortunately, if previously it was possible to avoid this type of payment by simply not paying it, now this is impossible to do. So the answer to the question: “Should I pay for a major home renovation?” must be positive.

The new column in payment documents provides for a mandatory payment for major repairs. If citizens do not pay on time, a penalty will be charged. And as you yourself understand, payments for major repairs will only increase.

Contributions for capital repairs and the constitutional court

Early this year, residents of many cities were shocked when a rare and amazing event occurred. The thing is that the review was sent to the constitutional court, and the sender was the Prosecutor General's Office. The prosecutor's office considered that the fees they are trying to collect from the population are unconstitutional and violate the rights of citizens.
The group of deputies who became the initiators believes:

1. Unlawful payment for the maintenance of property and wages for employees of regional operators. It turns out that citizens who pay fees for major repairs practically support them.
2. The transfer of funds between owners' accounts is a direct responsibility of the state to the owners and nothing more.
   It turns out that those owners who have opened their personal account and those who transfer monthly to the general account of the regional operator are placed in completely different conditions.

The fact is that the second group of residents cannot manage the funds of the general balance and practically have no voting rights. In addition, there is no full refund; there is simply no such mechanism.

The prosecutor’s office of the Ministry of Justice, Finance and Construction, as well as housing and communal services responded to this appeal with the following:

1. Contributions for capital repairs are collected in the interests of homeowners, so their constitutional rights are not violated. Also, residents can call a meeting at any time where they can discuss and decide how exactly to form the fund.
2. Funds for major repairs do not go to the budget, and they are not taxes. Using these contributions, real organizations are already doing, and will continue to do, major renovations of residential premises.
3. Since all monetary contributions that have already been received into the fund cease to be the own funds of the homeowners who transferred them, then, therefore, there is absolutely no need to coordinate their disposal with the residents of the houses.

Thus, contributions for capital repairs are structural since there is a current law on contributions for capital repairs. After this statement, the Prosecutor General's Office withdrew its letter. To avoid questions from residents of houses, such as: “Do I need to pay into the capital repair fund?” she considered it necessary to carry out additional modifications.