For a residential building that includes a major overhaul. Law on the overhaul of apartment buildings

Overhaul is an issue that concerns each management company and any of the residents. In this article, we will look at how general principles organization of overhaul, as well as individual non-obvious subtleties that will help the management company to build the process more efficiently and at lower cost.

How to organize and carry out a major overhaul

Structural elements, engineering systems and equipment of apartment buildings gradually wear out, therefore, they require periodic intervention to restore their normal condition. These procedures make up the overhaul, which is planned in each MKD. The procedure for its implementation with the latest changes will be considered in this article.

General principles for the overhaul of MKD

A list of sanitary and technical requirements is presented for apartment buildings. If a Maintenance does not allow the building to be brought into line with regulatory documents, then a major overhaul is carried out. During it, the main elements and structures of the MKD are restored or replaced.

The procedure for carrying out a major overhaul involves the mandatory coordination of events at a general house meeting. Until recently, residents claimed everything related to:

  • list of work performed;
  • cost estimates;
  • deadlines;
  • funding sources;
  • persons accepting work from the owners of apartments.

In the fall of 2017, the rules for major repairs were significantly revised. In accordance with them, for example, the OSS is no longer involved in approving the overhaul estimates. This applies even to those cases where the formation of the capital repair fund takes place on a special account.

The need for major repairs of residential facilities is regulated by law. It must be carried out for buildings with the following wear:

  • wooden - from 65 percent;
  • stone - from 30 to 70 percent.

How is the overhaul carried out

It must be remembered that in the concept of overhaul there is a distinction between its complete and selective implementation. Selectively, it is carried out only for a part of the MKD elements that need urgent updating. Complete overhaul by regulatory documents must be carried out 30 years after the house began to be used, selective - after 20 years. For structural elements of buildings, the specific service life is determined by the material of manufacture. For example, foundations, walls and ceilings can last from 30 to 80 years, and interior decoration- from 3 to 30 years.

During the construction process, each house has a technical passport, which displays, among other things, the state of its elements. The need for overhaul of MKD is determined, among other things, according to information from this document. Whether it is necessary to repair the house is decided by a special commission, consisting of specialists from different departments. They preliminarily inspect the buildings and make a decision on the need for certain activities.

Residents can also influence whether it is necessary to carry out apartment building overhaul works. Owners have the right to refuse certain jobs if they feel the house can do without them. However, with regard to elevators, critical communications and important elements buildings, work will have to be carried out without the consent of the apartment owners.

Raising funds to finance the overhaul

Capital repairs of apartment buildings residential buildings is carried out at the expense of funds that are collected from residents in the form of mandatory monthly contributions. Apartment owners choose one of the options for forming a capital repair fund:

  • at a regional operator (in a common boiler);
  • on a special account relating only to a particular house.

The main advantage of using a special account is the freedom to dispose of the funds collected on it. In this case, the tenants themselves determine when the overhaul work will be carried out in the apartment building. They do not depend on the decisions regarding the order of work, taken at the regional level. The downside of owning an account is the need to spend time and effort on opening and maintaining it. In all details, work with a special account is described in an expert article in our magazine.

If the apartment owners do not choose independent way raising funds for overhaul, then the funds regularly paid by them are sent by default to the regional operator. The RO accumulates funds and is responsible for the overhaul of the common property in the MKD, but does not carry out the work itself. The Regoperator engages the necessary contractors and ensures that they meet deadlines and quality requirements.

Many believe that the funds sent to the RO are lost for the Criminal Code and the HOA. However, in reality this is not the case. Management organizations themselves may well become contractors, that is, those who carry out major repairs. In this case, they can earn on the performance of work, even if the funds for them are collected on the account of the regional operator. How exactly to do this is described in the article by the editor-in-chief of the magazine “Management of an apartment building”. From the material you will learn:

  • what you need to do to participate in the pre-selection;
  • how electronic auctions are conducted;
  • What are the criteria for choosing a winner?

If funds are collected on a special account of a particular house, then the managing organization, HOA or cooperative is considered its owner. In this case, the management company is more free to dispose of its own funds, since the issues of their allocation for repair work are decided by the residents of the OSS themselves. However, this does not mean that the management company always has enough money for everything.

It often happens that the State Housing Inspectorate issues an order on the need to repair, for example, the roof, and the accumulated funds are not enough for this. Naturally, the inspectors do not care about how the Criminal Code will finance the repair work. GZhI is important the result, which is the executed prescription. In its absence, the responsible organization will face fines and other sanctions.

If there is not enough money, then they can be borrowed. This issue is devoted, in which the following points are considered:

  • what are the general rules for capital repairs;
  • how financing is carried out if the work is carried out ahead of schedule;
  • how is a bank loan issued for a major overhaul;
  • how loans are issued to owners.

The issue of capital repairs lending is becoming more and more frequent, because not only the regulatory authorities, but also the residents themselves often want to see the result immediately. Some management companies and homeowners associations are switching to the practice of using exclusively borrowed funds. They first carry out the necessary repairs, and only then begin to collect money for them. How exactly to organize this process, in which regular contributions from tenants will be directed to repay a loan for repairs already made, is described in the case of the Kalininets HOA from the Rostov Region.

Many believe that the collection of funds for major repairs from residents and their accumulation in the account is an endless process, carried out from the commissioning of the MKD (adjusted for new buildings) to the demolition of the building. It actually works a little differently. In some cases, the collection of money can even be suspended, but this is true only for houses where funds are accumulated in a special account.

For special accounts, regional authorities determine the minimum amount of the KR fund, and when it is reached, the collection can be temporarily suspended. The opinion of the owners is also important here, who have the right to increase the amount of contributions in order to spend some additional work. The topic of the termination of overhaul fees is discussed in more detail in a special article. This includes answers to the following questions:

  • 5 cases when funds are not collected;
  • how much you need to accumulate to suspend the collection of contributions;
  • for how long the collection of contributions is suspended;
  • Is it possible to stop fundraising?

As an exception, mention should be made of houses to which the state is obliged to provide financial assistance in major repairs. From the end of 2017, a special procedure is provided for apartment buildings that needed major repairs even before the first apartment was privatized in them. There are few such houses in the country, but they exist, and their owners can count on state assistance. How exactly this process is organized, and how much assistance can be obtained, is described in the article of the magazine "MKD Management" for August 2018.

In accordance with federal law"On the overhaul of apartment buildings", the owners are obliged to independently pay for the overhaul of the entire house. And the regional authorities must ensure the timely execution of all the work envisaged.

This law also provides for the types of repair work and a list of premises in an apartment building in which they should be carried out.

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Major house renovation- this is the replacement or restoration of house structures or their elements. That is, as part of the overhaul, those areas of operation that are obsolete or may cause the destruction of the building should be reconstructed or replaced with new ones.

What is included in the overhaul apartment building:

  1. Facade and foundation works.
  2. Replacement of engineering and technical communications.
  3. Elevator repair.
  4. Roofing and basement works.
  5. Installation of common house meters.
  6. Installation of ventilation systems.
  7. Repair inside the entrance.

Law on the overhaul of apartment buildings

In fact, new law delimited the duties and responsibilities for the overhaul of apartment buildings between the owners and the regional authorities. At the same time, the regional authorities are given an organizing and controlling function, and the owners are given the collection of funds to pay for repairs.

With the entry into force of the law, all subjects of the federation were obliged to as soon as possible prepare normative documentation in accordance with the overhaul program.

Each subject of the Russian Federation is obliged:

  1. Develop and adopt a regional list of works included in the overhaul of the house, determine and set their deadlines.
  2. Determine a regional operator (a fund in which capital repairs will be accumulated and from which funds will be used).
  3. Adopt documents establishing the procedure for work, the minimum amount of contributions, appoint a body to control the performance of work and spending money.

In turn, the owners of multi-apartment property hold a meeting at which they determine where the money transferred by them for major repairs will be stored.

According to the law, the owners can choose the bank to which they entrust their funds or transfer them to the fund of the regional operator.

If the owners cannot independently determine the form of keeping money, then this decision is made by the municipal authority for them.

Who pays?

Before the law came into force, repair work on the structures of apartment buildings was paid for from the Housing and Utilities Reform Fund. Now this fund is responsible only for the resettlement of tenants from the dilapidated and emergency fund.

The payment for the overhaul is assigned to the owners of square meters in apartment buildings. Payment for overhaul is a mandatory item in the monthly payment for housing and communal services, its amount is determined individually in each region.

Tenants are exempted from contributions to overhaul:

  1. emergency houses.
  2. Houses, the land under which it is customary to withdraw in favor of the state.
  3. The apartments are in municipal ownership.

The amount of the monthly contribution for the overhaul of an apartment building is calculated based on the average income in the region. On average in the country it is 6-7 rubles. for every square meter property. Contributions may differ in different categories of housing located in the same region.

Residents who are not owners, that is, they live in non-privatized apartments under a social tenancy agreement, do not have the right to participate in organizational meetings, namely, they cannot make proposals for major repairs and vote.

Another one important detail If some of the owners of an apartment building do not systematically pay contributions for major repairs, this does not relieve them of responsibility. In no case can the missing amount be taken from the funds of respectable residents, but can be recovered in court according to the law.

When is it done?

In order for the house to be overhauled, it is first necessary to decide what type of work is needed and what was the reason for the overhaul.

In some cases, it may turn out that the building needs current repairs, and not capital repairs, which significantly changes the timing of its implementation and financing:

  1. Resident initiative. To carry out a major overhaul of the house at the initiative of the tenants, you need to convene a meeting of owners. During the meeting, determine what kind of work needs to be done in the house and vote. If more than 2/3 of the owners vote for the overhaul, then a protocol is drawn up with detailed requirements for the proposed work. The protocol is transferred to the Management Company, which will coordinate it with the housing inspection. The last instance appoints terms of repair and makes calculation of its cost. If the housing inspection does not agree with the need for a major overhaul or agrees to a limited type of work, an independent examination can be ordered to confirm the validity of the overhaul. Examination is done for a fee.
  2. Emergency situation. It may happen that no major repairs were planned in the house, but their need arose due to an accident. An accident in the understanding of the Management Company is a breakthrough of water supply, sewerage or heating pipes with fluid leaking out. Work to eliminate the causes of the accident and replace broken pipelines is carried out at the expense of capital repairs in the shortest possible time. That is, if a riser with a hot or cold water, it should be replaced immediately, and not repaired by applying numerous clamps.
  3. Scheduled repairs. Scheduled or current repairs are a separate line of household expenses. The line "current repairs" is indicated in the bills for housing and communal services, and residents pay their money on it. Therefore, the current repair does not belong to the capital one and is carried out according to the plan, depending on the wear of the structures or elements of the building. Scheduled repairs include such works as cleaning pipes, replacing staples, stairs, railings, doors, broken glass, maintenance of building fittings, and cosmetic repairs.

Differences of the current repair

The main difference between the current repair and the overhaul is the possibility of carrying it out without interrupting the building from operation. That is, if repair work on the DHW pipeline does not require the shutdown of all residents, then the repair is ongoing. The same applies to work on the heating or power supply pipeline.

The current repair of an apartment building is carried out periodically and quite often, in addition, scheduled repairs are less expensive than capital repairs.

It should be remembered that these two types of repairs have different sources of funding. Types of work on current and major repairs are specified in the law and are strictly regulated.

Foundation website

Everything related to the overhaul of apartment buildings and not only can be found on the official website of the Fund for Assistance to the Reform of Housing and Public Utilities at http://www.fondgkh.ru/

This is a convenient site that does not require registration, where you can view information such as:

  1. What applications are made to the fund?
  2. Documents, forms and rules for their completion.
  3. Forms for filling out reports.
  4. List of credit institutions of the country where you can open accounts for the overhaul fund.
  5. Detailed information about materials and technologies modern renovation apartment buildings.
  6. Innovations in documentation.

The site constantly publishes housing and communal services news from all regions of the country. In addition, there is a telephone hotline where you can get answers to your questions.

AT last years before government bodies, managing organizations and homeowners are acutely concerned with the maintenance of residential real estate and the implementation of major repairs.

The significance of the problem is due to the increase in the financial burden of citizens for the maintenance of common property and significant deterioration of the housing stock.

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Building maintenance - what is it?

The concept of overhaul is disclosed in the Civil Code of the Russian Federation. These are the replacement (restoration) works:

  • Building structures (except load-bearing) and their components;
  • Engineering and technical communications;
  • Parts of load-bearing building structures.

During a major overhaul, malfunctions of worn-out parts of common house property are eliminated by restoring repairs, they are replaced with similar ones or with better performance characteristics.

If technical capabilities allow, then a residential building is being modernized taking into account modern requirements in the field of effective use various kinds resources (equipment with heat, electricity, water, gas meters) and improve living comfort.

Based on the scope of work performed, there are:

  1. Comprehensive repairs carried out in order to restore all damaged parts of common property. After completion of such repairs, the technical condition of the building must fully comply with all building codes and operational requirements.
  2. Selective overhaul involves the replacement or repair of individual components of the building, certain elements engineering communications.

Selective repairs are performed when a comprehensive repair is impossible or involves significant difficulties.

These may be situations where:

  • Significant damage to some structures threatens the safety of other parts of buildings;
  • There is no economic feasibility of carrying out a comprehensive repair of the building or there are peculiarities of its financing;
  • It may be necessary to limit or temporarily stop the use of the house.

Also, in addition to the planned overhaul, an unscheduled (emergency) one is distinguished, which is carried out to restore the damage caused building structures at home as a result of any emergency.

Maintenance and overhaul of the house: what is the difference?

It is fundamentally important to distinguish between major repairs and current repairs, since the rights and obligations of the parties and other participants in relations in the housing sector directly depend on the correct qualification of the work being carried out.

For example, in contracts for the provision of real estate for compensation (lease, rent), current repairs are the responsibility of the tenant, and capital repairs are the responsibility of the lessor. Besides Funding for these types of repairs comes from a variety of sources..

The features of each type of repair are based on the difference in goals, frequency and volume of repair work.

Current (preventive) repairs are measures systematically carried out in order to prevent premature wear of structures, finishes, communications of the building and work to eliminate minor damage and breakdowns.

An approximate set of measures implemented as part of the current repair is contained in Methodological guide for the maintenance and repair of the housing stock (MDK 2-04.2004), approved by the Federal Agency for Construction and Housing and Utilities (currently - the Ministry of Construction).

The current repair has a planned and preventive character. Preventive repair work does not require interruptions in the full use of the premises of the building by residents, is carried out periodically and quite often, in addition, such work is less expensive than overhaul.

Often the line between major and current repairs is conditional, since the objects of repair work are the same structures and their elements.

During the overhaul, an element that has become unusable is replaced or subject to restoration, and the scope of current repairs is maintaining structures in good condition throughout the established service life. For example, fixing a roof leak is a current repair, while replacing the entire roof of a house is a major one.

Ongoing works are carried out and financed by housing maintenance companies from rents and rents.

Capital repairs in an apartment building are paid for by targeted payments from owners.

It is also necessary to distinguish between overhaul and reconstruction of the building. During reconstruction, unlike repair, measures are taken to change the key parameters of the MKD (number of floors, area) or complete replacement load-bearing structures.

Minimum contribution

The owners of apartments and non-residential areas located in an MKD (apartment building) are legally obligated to fully finance the overhaul of common property.

Paid monthly contributions are accumulated in a specialized overhaul trust fund, which is formed in two ways:

  • On a separate bank account MKD(the accumulated money is spent on a specific house);
  • Accumulation of funds in a collective account, managed by a regional operator, which carries out all organizational measures for the overhaul of the housing stock in a single subject in accordance with the overhaul program approved by the regional authorities.

The minimum mandatory contribution is approved by law in each region of the country.

The calculation of the amount of the contribution for a particular owner is made in rubles by multiplying the established tariff by the total area of ​​​​the premises owned by a citizen or legal entity.

Contributions may vary depending on:

  1. From belonging to the territory of a particular municipality;
  2. Type MKD;
  3. Number of floors;
  4. Actual service life;
  5. Cost and volume of repair work;
  6. Service life of common property elements.

Other works, except those established by the Housing Code of the Russian Federation, can only be carried out at the expense of the excess of the capital repair contribution.

Types of work that are paid at the expense of the minimum contribution

At the national level, legislation provides for a set of overhaul services funded by the overhaul fund.

What is included in the renovation of an apartment building? This is the repair, and, if necessary, the replacement of the following elements of the MKD:

  • Intra-house communications related to common house property(systems of water supply, heating, sewerage, power supply, gasification, replacement furnace heating central);
  • Lift equipment(normative service life is about 25 years);
  • roofs(Repair time depends on roofing material);
  • Foundation and basement areas classified as common property of the owners(taking into account the load-bearing floors of the first floor, walls and passing sections of engineering communications);
  • facade(including restoration of joint sealing, restoration of plaster, facing tiles, replacement of ebbs, downpipes and other works).

At the regional level, this list is allowed to be supplemented with services for:

  1. Insulation of the walls of the building;
  2. Arrangement of a ventilated roof and exits to it;
  3. Equipping MKD with common building meters of resource consumption, other devices that increase energy efficiency.
  • Inspection of MKD and preparation of estimates for future repairs;
  • Carrying out designer and technical supervision of the work performed;
  • Energy audit of an apartment building;
  • Technical inventory and certification of an apartment building.

The general meeting of owners has the right to agree to increase the minimum contribution rate established by the region in order to finance any additional work on the overhaul of the common property of the house.

Apartment owners are now required to pay for overhaul. The Russians are offered to choose a method of accumulating funds for this item of expenditure. We invite you to watch the video.