This kind of work is paid monthly by all residents of the house, both owners and tenants, according to the article “maintenance of the building and repair.” When removing the radiator without subsequent restoration this action must be agreed with the local management company, because, as mentioned, the batteries are part of the common property of the house and interference in a closed thermal system can affect the temperature regimes of individual apartments. Do-it-yourself replacement of heating batteries The ideal scheme for replacing heating batteries in an apartment through a housing office: an accident, calling a master, fast and free installation - in fact, it rarely works. More often there are situations when tenants are forced to remove and replace the old leaky radiator with a new one at their own expense, which is purchased by the apartment owners themselves.

Replacing heating batteries in an apartment: with your own hands or through a housing office

Homeowners can decide at a collective meeting that apartment heating appliances in their house will be changed only for additional payment. This provision must be reflected in the management contract.

Management contract Does the tenant have an obligation to pay for the replacement of radiators? The above "Rules for the maintenance of common property" apply not only to owners, but also to citizens living in non-privatized housing and having no legal basis for its possession and disposal. Plumbing Services This document contains a list of common house property: it also includes a common heating network, consisting of risers, radiators, valves and other equipment.

In addition, there is also an indication that necessary actions with common house property is paid by the Criminal Code from payments collected under the current repair line.

At whose expense should the heating radiators in the apartment be changed?

In this list:

• risers;
• shut-off and control valves;
• collective metering devices, heating elements.

According to this decree, the design of radiators can officially be considered the property of common use, common house property. But management companies and housing office enterprises serving the house prefer to hide this information.

And as a result, the tenants, the owners of the apartment, when the battery is leaking, they try to repair it themselves. Replace with a similar or better, improved design.

Management companies save on repairs by shifting their responsibilities to consumers. Changing the radiator in council house B does not privatized apartment the owner of the premises must replace the batteries due to leakage, poor heat dissipation or wear.

Tenants need to know who owns the house and who maintains it.

Who pays for battery repairs?

How to change the heating in this case? ATTENTION! If you need to change the heating elements in the apartment yourself, equip it with improved batteries, you can do this only with the consent of all the owners of the apartment building. Now apartment owners are starting large-scale work to improve their homes, changing the layout, the location of the plumbing and heating systems in the room.
Installation of new radiators without the consent of the other residents of a multi-storey building is considered arbitrariness. The violator can even be held accountable, especially if the heating is disrupted, its quality has decreased.

In the event of a pipe or battery leakage, a change is carried out by the management company without fail. Also, at the expense of the UK, the heating system is modernized if its service life has expired.
How to get permission? Older models of heaters may not meet quality requirements.

Who should change the heating batteries in an apartment, including a privatized one?

• 1 Battery in the apartment: whose property?
• 2 At whose expense are the batteries in the apartment changed?
• 3 What difficulties can arise when replacing a battery in an apartment?

The question of who should change the heating batteries in the apartment becomes especially acute with the onset of cold weather. After all, if the battery has leaked or the heat in the house is not enough, replacement cannot be avoided.
Let's figure out in the article who owns the batteries in the apartment and at whose expense they change. Battery in the apartment: whose property? Government Decree No. 491 dated August 13, 2006 determined the composition of property that is considered common.

Who should change the leaking battery in the apartment and at whose expense?

What difficulties can arise when replacing a battery in an apartment? And what should the owner or tenant do under a social tenancy agreement if the batteries in the apartment are in working condition, but are obsolete? In this case, you can only replace them at your own expense, since the management company is not obliged to do this. This is where the difficulties arise. Since the battery in your apartment belongs to common house property, the tenant’s ability to replace it himself is limited by law if he wants to.
In accordance with Art. 44 and Art. 46 of the Housing Code of the Russian Federation, the battery, being part of the common property, can only be replaced with the consent of all owners at the meeting. If this fact is ignored, the replacement of the battery in the apartment will be regarded as an unauthorized disposal of common property, which entails a certain responsibility for the violator.

Who Should Change Batteries: Responsibility of the Parties, Heating Repair

For example, if the batteries purchased by the owner do not correspond to common house heating devices, then in this case the HOA may prohibit their installation. The resident of the apartment must carry out such work through the Housing Office and agree with his service organization on the replacement of batteries.

If he establishes similar to those provided for during the design and construction of the house, it is enough just to notify the Criminal Code without waiting for a special permit. Coordination of work with the HOA When replacing radiators with heaters of a different type (other than those envisaged by the architects), increasing its area or choosing a new installation site, an experienced specialist is required to help calculate the possibility of installing heaters, since the load on all heat home network.

Dismantling and replacement of the emergency radiator. at whose expense?

She will confirm that the installation of radiators will not adversely affect the overall heat balance. After receiving the recommendations, you can start work.

Attention

Expertise is required for the following:

• moving the battery to another place;
• installation of a new type of radiator;
• battery configuration changes.

Examination of failed radiators The management company refuses to change batteries. How to be? Despite existing legislation and obstacles to self-replacing batteries without contacting the housing office, dismantling old and installing new radiators on your own is much easier than waiting for these actions from managing organization.

Refusing to replace heating appliances, representatives of the housing office rely on the concept of "balance delimitation" of property belonging to the owners and the entire house.

At whose expense should batteries and plumbing be changed in the apartment

Can I change batteries myself? The housing law, which refers heating radiators to the common property of the condominium, narrows the possibilities for dismantling and installing new radiators by the inhabitants of the apartment. Having decided to dismantle such an old device and install a new one without the help of the Housing Office, the tenant runs the risk of facing many obstacles. The same document indicates that the removal or installation of an apartment heating device can only be carried out by a decision made by a majority vote of all home owners. In case of disagreement, independent activity to change the configuration of heating devices in one's apartment will be listed as the sole management and disposal of the property of the condominium. And for the failures of the heating system that have occurred, it will not be the responsibility of the housing office, but personally the tenant of this apartment.

Who pays for battery repairs

Often, apartment owners think about choosing craftsmen for installation work. You can call specialists from a private company who will carry out the work quickly, using professional equipment.

Info

But it is better to use the help of masters from the housing office or the management company, they know better the features of laying utilities in the house, the location of the taps, they know how to change the heating without problems for other residents. In the event of a leak in the heating system, there will be no claims against the owner of the apartment.

It is also beneficial to contact "local" plumbers if the heat meter breaks down, they will do the work professionally. The management company refuses to change radiators - what should residents do? The repair of the municipal heating system, the replacement of its elements within the house is handled by the management company serving the apartment building.

Finding and settling tenants in an apartment is no wonder. It is much more difficult to receive a stable income, keep property intact and eliminate problems and hassle.
One of the components of a successful lease is a clear settlement by the parties of relations for the maintenance and repair of property (boxes, finishes, furniture, household appliances).
In this article, we will consider repairs in the context of restoring property, and not alterations to the tastes of residents (this is a separate topic).
In the practice of the "owner-tenant" relationship, each of the parties seeks to reduce their costs, each has its own measures of fairness and ethics, so conflicts arise over the question of who should pay for repairs in this or that case.
In order to minimize these disputes, we recommend that at the very beginning of the hiring transaction, it is clearly defined in writing who should pay for repairs in what cases.
legislator in Civil Code set a very general rule: overhaul the owner does, the current repairs are done by the tenant. The norm is dispositive, that is, the parties can agree differently. This is what concerns the premises and decoration.
As for property (furniture, household appliances), here are used general provisions on rent (not rent), which coincides with the provisions on rent: current - tenants, capital owner. But if in relation to household appliances we apply the analogy of the right to rent vehicle without a crew" Art. 644 of the Civil Code of the Russian Federation, then here both major and current repairs are the responsibility of the tenant. We consider the analogy with renting a vehicle to be more appropriate, since general rental provisions refer to the rental of premises rather than technically complex movable property.
With regard to the overhaul during the repair of the box and the finish, we are also in solidarity - this is the responsibility of the owner. As for the repair of movable property (furniture and household appliances), here we use a dispositive right (or an analogy with the rental of vehicles) and major and current repairs are the responsibility of the residents. This is because in practice it is very, very difficult to separate the overhaul from the current one in relation to a sofa or a washing machine, disputes will arise again. It is important that in this case the tenant will treat the rented property more carefully. Otherwise, if the repair is carried out by the owner, the risks of damage to property as a result of careless operation increase.
The above position is applied by our company (Host Service) with reservation. Indeed, a rather expensive breakdown can occur and imputing responsibility to the tenant is not fair and is fraught with termination of the transaction.
We recommend adding a provision to the contract that the parties have the right to review and distribute financial responsibility in certain situations. In this case, we act as a regulator as an agency, and if the owner works directly, then he himself must apply this rule from the standpoint of justice.
In general, instead of an inefficient distribution of the obligation to carry out current and major repairs, we recommend that all repairs to movable property be entrusted to the tenant and leave the parties the opportunity, by mutual agreement, to change responsibility in a particular case.

In addition, we recommend setting a trial period. If a breakdown occurs during the specified period due to natural wear and tear, then the repair is carried out by the owner.
The test period is important because the owner may not be aware of the inoperability of the property. In our transactions, this period is 15 days.
A different situation arises in case of damage as a result of force majeure. In this case, looking back at the customs existing in the market, we impute the responsibility for repairs in our contracts to the owner. Only in this case, the tenant must prove that force majeure took place, otherwise each burned-out appliance or light bulb may
justified by a surge of electricity. As evidence, you can bring neighbors to testify or refer to a hurricane that raged in the district.
Of course, it is worth applying these norms in the contract with an eye on the competitive cost of renting an apartment.
In addition, do not forget about the concept of measure. Natural wear and tear of property when renting an apartment cannot be avoided. And fighting for every scratch, of course, is not worth it.
However, it is precisely the detailed definition of these positions in the contract that will avoid disputes and protect the owner when it is really needed.
And another moment. Do not forget about the detailed transfer deed using photo or video. Without it, the above information may be useless.
We have prepared for you the wording for use in the contract of employment. Use for health:
OBLIGATIONS OF THE PARTIES TO MAINTAIN THE PREMISES AND PROPERTY:
During the entire term of the Agreement, the Tenant is obliged to maintain the proper condition of the Property, including the implementation of current and major repairs.
The current repair of the Premises is the responsibility of the Tenant. The current repair of the Premises is carried out after agreement with the Landlord.
Capital repairs of the Premises are the responsibility of the Landlord. Capital repairs are understood as the repair of capital structures and communications.
The Tenant's liability for technical damage to the Property as a result of natural wear and tear that occurred within 15 calendar days from the date of transfer of the Premises and property for rent is excluded. When prolonging the Agreement, this exclusion does not apply.
Repair in case of damage caused by force majeure circumstances (natural disaster, power surge, change in water pressure) is the responsibility of the Landlord. The Tenant is obliged to prove the impact of force majeure circumstances. In the absence of such evidence
The employer is responsible.

Each resident of an apartment building will sooner or later have to go through a situation either with repairs or with the replacement of old riser pipes with new ones. All materials have a finite life, so the issue of updating communications will someday become inevitable. Before replacing the heating risers in the apartment, you need to find out who is responsible for their condition and pays for the work: the tenants or the managing organization.

Whose boner is in the house

All issues of the housing sector, including housing and communal services, are regulated by several decrees of the Government of the Russian Federation (PP) and the Housing Code (LC). First, in PP No. 354, and then in the LCD RF, it is determined that all engineering systems houses, which include risers - this is part of the common property of an apartment building (MKD). In PP No. 491, in the second paragraph, it is additionally stated that the equipment of these systems is considered common when it serves more than one room in the house.

There are several regulatory features of the common property of MKD:

• belongs to all owners of apartments on the right of common ownership;
• is located in the MKD inside or outside the premises or outside this MKD;
• designed to serve more than one room in the MKD.

The riser passes through several apartments in the entrance; therefore, it cannot be considered the personal property of any one owner. Additional confirmation: in the event of an accident, it is impossible to stop the supply of a thermal resource only to a single apartment - the entire riser is completely turned off. So, we found out: risers are part of the common property.

Who is responsible for the repair and replacement of common property

Now let's figure out who is responsible for the risers in an apartment building. Let's go back to the Housing Code. It says that the management company (MC) is responsible for ensuring the quality maintenance of the common property. Hence the conclusion follows: according to the law, the replacement of risers in an apartment building, as well as their repair, is the direct responsibility of the management company. And who should change batteries in a privatized apartment, read.

At the same time, the management company must perform its functions in such a way that the state of common house property at any time ensures the uninterrupted provision of quality utilities. An old, rusted riser pipe is an indicator of a clearly poor level of work on the maintenance of common property. What is the responsibility of the management company, find out in the article.

Who pays for the work

For any work you need to pay; no one argues with this. The question is who bears the costs: tenants who live in an apartment with a problematic riser, a management company, or all owners of the premises of this house must pay jointly. This difficult topic causes constant controversy and has various interpretations.

Liability for common property

Decree of the Government of the Russian Federation No. 491 of August 13, 2006 determines what kind of property in an apartment building is common, who owns it and pays for maintenance and repairs, and who is responsible for maintaining the proper condition of common house property. In particular, it is determined there, in addition to repairing the heating system, and who is responsible for the condition of attics, basements, elevators, etc.

To clearly understand at whose expense the risers in the apartment are being changed, you need to know what work is included in the article “maintenance and repair” (each of us pays for these services monthly on a separate receipt). This will help us PP No. 491, section "Rules for the maintenance of common property in the MKD." It states that each owner pays, among other things, for the maintenance and repair of house utilities.

An extended interpretation is given in section PP N 290 on the minimum list of services for the maintenance of common property in an MKD. Paragraph 18 states that in order to restore the health of, for example, the heating system, it is necessary to repair or replace equipment and heating appliances that are part of the common property. In addition, if a depressurization (breakthrough) occurs in any section of the pipeline, then the integrity of this pipe must be immediately restored.

After making sure that the risers are part of the common property that falls under the responsibility of the management company under the item of expenses for the maintenance and repair of the dwelling, it remains to put an end to the question of who pays for the replacement of the risers in the apartment, and on what grounds.

Since all apartment owners in the MKD participate in the costs of maintaining common property by paying a fee under the above article (Article 158 of the RF LC), this means that all work on the riser is paid jointly - by all owners of the premises in the house. Owners of privatized apartments bear the burden of personal expenses only for intra-apartment piping.

Since all homeowners pay for the common property, we once again focus on who should change the risers in a privatized apartment, and who pays for the replacement of risers: it is the management company that changes, all the tenants pay, monthly transferring money to her for this.

How to protect your rights

In a planned manner, the replacement of heating risers in the apartment is carried out in the spring and summer, but emergencies can occur at any time of the year. Therefore, without delay, call the emergency team, and then take the application to the housing department to replace the riser. By the way, in it you can recall that in order to perform emergency work (which are not uncommon in public utilities), the Criminal Code should provide for a special reserve of funds under the item of expenses for the maintenance and repair of common property in the MKD.

Your application must be executed, as required by law No. 59-FZ, give you a registered copy, and then inform you in writing about the expected date for the completion of work to replace the riser. If the answer is negative, it will be possible to go to court with it and recover money from the Criminal Code for the damage caused, if your apartment or neighbors’ apartment suddenly floods due to rotten pipes.

Then, with a favorable development of events, you will either be reimbursed for the cost of damaged property, or they will offer to repair the damage. If the Criminal Code denies its guilt, you can contact an expert organization that will assess the damage object.

All the same "Rules" (clause 42) spell out the responsibility of the managing organization to the owners of the premises in the event that it violates its contractual obligations, and its employees perform work on the maintenance of common property unsatisfactorily. Under the current legislation, it is easy to call them to account.

In pre-trial order, you can contact the supervisory authorities; State housing inspection, prosecutor's office, Rospotrebnadzor. Send your written request there; better - collective, with the signatures of your neighbors.

In order to effectively defend your interests in case of their violation by the management company, you need to be aware of your rights and be active. And in difficult situations, you will always come to the aid of competent lawyers.

Still have questions about who pays for the replacement of risers? Ask them in the comments to the article

According to which, owners of housing in an apartment building (more than three) will be charged a fee for the overhaul of the home.

Overhaul includes the repair of foundations, facades, roofs, elevators and basements, as well as the replacement of electrical wiring and in-house engineering systems.

The contribution, as well as a receipt for payment of utility bills, comes to the mailbox. Its size depends on in which subject of the Russian Federation the dwelling is located, as well as on its type and area.

This was necessary because the number of houses in emergency or dilapidated condition has sharply increased in Russia, and government programs unable to fully pay for their restoration.

The funds collected from the owners are sent to a special fund overhaul and will be added to existing programs.

Is it necessary to pay these bills?

According to federal law each owner is obliged to participate in the collection of funds for overhaul, as they are included in the standard payment documents for housing and communal services (Article 169.1 of the RF Housing Code).

If he does not pay receipts on time, or does not do this at all - penalties will begin to accrue if payment is not made by the 20th day of the current month (for the past month).

If the owner constantly ignores receipts, debt (including penalties) can be collected through the court. Also, along with the debt, he will have to pay legal costs.

No one can evict a defaulter from an apartment, but various restrictions will apply, including a ban on leaving the country.

Renovating your home does not relieve you of your fundraising responsibility. They will "accumulate" until the next time.

From what age and up to what age is the fee charged?

You can become the owner of an apartment from birth, but you can fully manage the property and make payments and transactions after reaching the age of majority. Who pays for the overhaul of an apartment building and from what age?

Since it is the responsibility of the owners to take care of the dwelling, maintain it and the common premises in an apartment building (Article 30, Clause 1 of the Housing Code of the Russian Federation), the citizen who is the owner must pay for major repairs from the age of eighteen.

In December 2015, draft law N 399-FZ was adopted, according to which the regions will be able to decide on their own whether pensioners will pay the contribution. That's why people over the age of 80 can count on 100% compensation for expenses.

It is valid for pensioners living alone and for families that consist of non-working people of retirement age (Article 169 part 2.1)

Compensation in the amount of 50% of the cost will be provided to people who have reached the age of 70, disabled people of the first and second groups, Chernobyl victims, disabled children, persons supporting disabled children (Federal Law of June 29, 2015 No. 176-FZ).

In addition, it is worth paying attention to the age of a particular house, the older it is, the more it needs restoration. Therefore, the amount in the receipt will be more.

For new homes, the law provides for a reduced rate. the federal law No. 176-FZ admits that residents of new buildings put into operation after the approval of the program may not pay these receipts.

For how long is determined by the regions themselves, but it should not be more than 5 years.

Who should pay for major repairs: the owner or the tenant?

The grounds on which the tenant can live in a residential area:

1. Municipal or service housing. If the tenant lives in a municipal housing, then he is obliged to keep it in proper condition, pay utility and other payments on time, as well as current expenses for the maintenance of common property. These responsibilities are defined in the contract of social employment. But the overhaul is carried out at the expense of the owner of the housing stock.
2. Privatization. If the apartment was privatized by the tenant, then he is also obliged to keep the living space in good condition, but no one has the right to force him to take part in raising funds for overhaul.
3. Renting a residential property. Who should pay for the overhaul in this case? Without the consent of the owner, the tenant cannot make alterations or reconstruction, therefore, the payment of accruals from him should not be charged. This is the responsibility of the owner.

Who pays for major repairs in an apartment building - the owner or the tenant?

Based on this, You cannot demand payment for the overhaul of a dwelling from the tenant. Many owners who rent apartments believe that this amount is included in utility bills, but this is a delusion.

How legal are these contributions?

Since these payments are established by law (part 1 of article 158 of the LC RF) - they are mandatory for all citizens of the Russian Federation. And, as mentioned, certain sanctions may be imposed for non-payment.

But since not all payers will wait for repairs (death, sale or other reasons), in October 2015, a lawsuit was filed with the Constitutional Court of the Russian Federation by a group of deputies. In it, they expressed their demand to fix the fact that tenants have to pay for the maintenance of someone else's property.

April 2016 fundraising for the "common piggy bank" was recognized as absolutely legal. It was also decided to reconsider the sequence of work in residential premises, according to the objective condition of the houses.

In addition, this order can be challenged in court.

Summing up, we can say that Contributions for the overhaul of a dwelling are completely legal and obligatory for payment.

And who pays for major repairs in an apartment building? If you are a renter, you are a tenant, you must understand that it is not your concern to pay for these receipts. This is solely the responsibility of the owners.

Seeing another receipt in the mailbox, or even a heap, many owners wonder if it is worth transferring the amount of debt that is indicated in them? Everyone seeks to figure out how to get rid of unnecessary spending of money.

But does such a position threaten big problems in future? So we come to a simple thought: we need to figure out whether such a position is legal.

Who should pay and who should not?

The legislation provides for cases in which contributions for capital repairs can not be paid.

But there are not so many of them, let's look at payments: are they universally binding?

The nature of the fees: is it possible to refuse?

The Housing Code of the Russian Federation makes it clear that the maintenance of housing, as well as its repair should be carried out in full at the expense of the owner.

LAW!“The owners of premises in an apartment building are required to pay monthly contributions for the overhaul of common property in an apartment building, with the exception of cases provided for by Part 2 of this Article, Part 8 of Article 170 and Part 5 of Article 181 of this Code, in the amount established in accordance with Part 8.1 Article 156 of this Code, or, if the relevant decision is made general meeting owners of premises in an apartment building, in a larger amount. (Part 1, Article 169 of the LC RF)

Considering that most apartment buildings today is in an unsatisfactory condition, their renewal will be costly for the residents.

However, the state does not oblige monthly to spend large sums for these purposes. The legislation provides for payments established on the basis of a minimum payment standard per square meter.

IMPORTANT! The tenant of a social apartment is not obliged to pay contributions, since he is not the owner of the premises.

Therefore, it is worth considering carefully or not.

But many owners are unwilling to give this amount. So, what are the grounds for non-payment?

Residential buildings that don't pay receipts

There are several cases in which there is a possibility not to pay the contribution for the whole apartment building.

The main ones are defined by part 2 of article 169 of the Housing Code:

1. the building is in disrepair and is subject to demolition (payment without overhaul in the future is not made);
2. houses that are located on land seized for state and municipal purposes.

Lawyers name several more ways allowed by the legislator to avoid the fulfillment of this obligation:

1. collected 50% of the funds from the minimum level determined by the regional standard (part 8 of article 170);
2. the regional fund can count against the future payment period already made repairs, if they were included in the plan.

And although we have not seen examples of the implementation of the last point in practice, the editors of the site do not leave hope to find eyewitnesses. If you know of such cases, be sure to write in the comments to the article.

Separate categories of owners

Lawyers from time to time are faced with requests from owners who, under the terms of the law, are entitled to compensation, but they do not receive it.

The fact is that you need to submit an application in two copies for the administration and the regional fund. It must indicate the grounds for receiving compensation, which will be supported by articles from the laws.

ATTENTION! The lack of initiative on the part of the person concerned, who has every right to reduce or cancel such a fee, will play against him. And the amounts transferred earlier will remain on the accounts of the fund and will not be returned back.

Non-payment if major repairs have already been made