New season and new problems. This is probably how we need to start our next excursion into the troubles of utility consumers. This time, the stumbling block was the pipes, or rather, the neighbors' floods due to broken drainpipes. This is where it’s time to ask the question “Who is to blame?”

Situation No. 1: if the apartment is not privatized

You live in a non-privatized apartment, which the state once “gave” to you (your parents). In other words, you are a tenant of a residential premises of the state housing stock, you live on the basis of a rental agreement for residential premises, which was concluded on the basis of an issued warrant (Article 61 of the Housing Code). The landlord in this situation is the enterprise (institution, organization) that provided you with housing. And suddenly a pipe burst in such an apartment. The question arises: who will pay for the cost of repairs both in your apartment and in the apartments of your flooded neighbors?

So, Art. 179 of the Housing Code provides for mandatory compliance by residents (tenants) with the Rules for the use of premises of residential buildings and dormitories (approved by Resolution of the Cabinet of Ministers No. 572 of October 8, 1992, as amended by No. 45 of January 24, 2006). In accordance with these Rules, owners (tenants) are obliged to ensure the safety of residential and utility premises and technical equipment (clause 7). Art. 176 of the Housing Code, the lessor is obliged to ensure uninterrupted operation and maintenance of engineering equipment. In addition, if you need urgent repairs to engineering equipment, and the lessor has not provided you with such assistance, you have every reason to carry out the repairs at your own expense and recover the cost of repairs from the lessor. Of course, at one time the landlord entered into an appropriate agreement with the Housing Office (transferring your house to it for balance), which provides you with all utilities (Article 24 of the Housing Code). Therefore, all issues of operation and maintenance of pipes, plumbing and other similar equipment are assigned to the housing office. The conclusion suggests itself: if the “flood” occurred through the fault of the housing office, then all responsibility, including payment of material damage, is the responsibility of the housing office.

But this is the simplest option. In practice, the situation is much more complicated: it is very difficult to prove the guilt of the housing office, since the employer is entrusted with the responsibility to ensure the safety of the equipment. Moreover, there is a “cunning” art. 20 of the Law “On Housing and Communal Services”, which establishes the obligation of the consumer of housing and communal services (residing citizen) to take timely measures to eliminate detected problems related to the receipt of housing and communal services that arose through the consumer’s own fault. In other words, if you saw that your pipe was somehow “behaving strangely,” you were obliged to immediately call the housing office foreman. Moreover, simply calling by phone is not enough in our reality - you should get the date, time and number of your application, which was recorded by the dispatcher. It is precisely such a statement that can serve you well in the event of finding out who is right and who is wrong.

Another incident that may lead to the obligation to pay the cost of repairs at your expense is also established by this article: the consumer is obliged, at his own expense, to repair and replace sanitary fixtures and devices, equipment that has failed due to his fault. Just think about how Italian equipment can interact with domestic pipes? Of course, they will be in a state of eternal conflict and hostilities, the consequences of which will not have to wait long - the neighbors will be flooded again. To avoid such troubles, you should change the plumbing only with the consent of the landlord and his efforts, but at your expense. This means that all plumbing and repair work must be performed upon your written request by the craftsmen of the housing office serving you. Otherwise, get ready to fork out money - first for an outside plumber, and then for eliminating the consequences of his work. The law in such a situation is against you - unauthorized installation of plumbing.

Situation No. 2: if the apartment belongs to a cooperative

You, as a member of a housing construction cooperative, live in an apartment that belongs to it by right of ownership. Everyone knows that until you make the last share payment for your home, the apartment will be owned by the housing cooperative. Therefore, the entire situation described above fully applies to citizens who are members of the housing cooperative. The only difference is that the subject of liability in this case will be the housing cooperative (Article 176 of the Housing Code).

Situation No. 3: if the apartment is privately owned

If you are the owner of privatized housing, your multi-apartment residential building is serviced either by the housing office, or an organization of co-owners of multi-apartment buildings (OSMD) has been created in it. Then you, by virtue of Art. 151 of the residential complex, are obliged to ensure the safety of the residential premises and carry out current and major repairs at their own expense. In accordance with the Law on Housing and Communal Services (Article 21), the contractor (i.e., the utility service serving your home) is obliged to monitor the technical condition of the engineering equipment of both the entire house and the apartment. At the same time, residents should know that, in accordance with the Resolution of the Cabinet of Ministers No. 630 of July 21, 2005 “On approval of the Rules for the provision of services for centralized heating, supply of cold and hot water and drainage and a standard agreement for the provision of services for centralized heating, supply of cold and hot water and drainage,” representatives of public utility services must inspect the intra-building systems of an apartment building twice a year (with the drawing up of a corresponding report). If you need to conduct a scheduled inspection of the utilities located in your apartment, the housing office, housing cooperative, condominium association (the organization serving you) are required to agree with you no later than three working days before the inspection, the time of access to the apartment, and they must do this in writing ! If utility workers discover a malfunction or such a malfunction arose through their fault (say, a pipe leaked due to a pressure drop), in accordance with paragraph 32 of the mentioned Resolution, the service is obliged to promptly correct the malfunction at its own expense.

Anyone who has ever encountered the work of a housing office knows that the main motive for refusing repairs at their expense (not to mention compensation for damage caused to neighbors’ property) is the argument: your pipe is your responsibility. Let us clarify: the issues of delimiting responsibility for pipes are resolved by the same Resolution No. 630. So, the distribution points at which the transfer of services from the contractor to the consumer is carried out are considered to be branches from the risers within the apartment (for heating pipes); after the first water shut-off valve on a branch from the riser in the consumer’s apartment (for hot and cold water); drain hole of a sanitary fixture (for drainage). All of the above applies only to apartments located in multi-apartment residential buildings.

Thus, you are responsible for that part of the pipe that is in your apartment. The exception is cases when a breakthrough occurred due to the work of utility workers (high pressure, defrosting of central pipes, poorly installed plumbing). As for the remaining pipes, they are in the common property of all neighbors, therefore the responsibility for their maintenance and servicing is transferred to the balance holder.

Algorithm of actions in case of a flood

After you have eliminated the cause of the flood and recorded its consequences on camera, you need to take care of possible compensation for damage through a court decision (if you are absolutely sure that it will not be possible to reach an “amicable” agreement). To do this you will have to collect all the necessary documents.

1. First you need to contact the organization that services your home. The sooner you do this, the better. Formally, it is enough to call the housing office or condominium association, but it would be more effective to appear in person and write an application addressed to the head of the service organization (with information about the flood and a request to draw up the appropriate Flood Report). Sometimes housing office workers may suggest that you do not draw up an act, but limit yourself to a simple inspection of the apartment. In this case, try to insist that the act be drawn up, because this document will be necessary when going to court.

2. Employees of the organization servicing your home (as part of a commission, which usually includes a site foreman, a plumber, the chief engineer of the housing office and a representative of the house management) will come to your home to draw up an act recording the time, place and degree damage (report of flooding of the apartment or report of inspection of the accident site) and a defective statement. These will be your first and most basic documents as evidence.

The act of flooding of an apartment must describe in detail what happened in your apartment with a mandatory indication of the possible causes of this incident. The act must also indicate the date of its preparation, the place where it was drawn up (full address of the apartment), the names and positions of the persons who drew up the act. If it is obvious that the culprit of the flood is a neighbor, it is desirable to have his signature in the act, but it is almost impossible to force him to do this. In addition, the act must contain a detailed inventory of things damaged as a result of flooding. Such an inventory is called a defective list. This document must be completed, as it indicates the nature and causes of the damage caused. The report also indicates possible hidden damage, because water leaking through the cracks may appear in one place or another several days later. The drawn up act remains with you until the issue of compensation for the damage caused is resolved.

3. After drawing up the report, it is necessary to assess the damage caused to your apartment. This assessment is carried out by companies specially created for this purpose for a certain amount of money. The cost of damaged items is established using reports, receipts, and price lists. Thanks to this, you will have another document - a report on the amount of damage. With these documents in hand, you can make another attempt to negotiate with your neighbors. Usually such written evidence is enough for neighbors to agree to “voluntarily” compensate for the damage caused. In this case, you can safely begin the repair.

4. If the neighbors again refuse to resolve the case amicably, you will have to wait for the repairs and take the documents to court. The following documents will need to be submitted to the court: 1) statement of claim; 2) a copy of the certificate of ownership of the residential premises or the lease agreement; 3) act on the flooding (flooding) of the apartment; 4) conclusion of an independent appraiser on the damage caused (report on the amount of damage); 5) estimate for restoration repairs; 6) receipt for payment of the court fee.

Finding and moving tenants into an apartment is not a difficult task. It is much more difficult to receive a stable income, keep property intact and avoid problems and hassle.
One of the components of a successful lease is a clear settlement between the parties regarding the maintenance and repair of property (boxes, decoration, furniture, household appliances).
In this article we will look at repairs in the context of restoring property, and not alterations to the tastes of residents (this is a separate topic).
In practice, the “owner-tenant” relationship, each party seeks to reduce its costs, each has its own measures of justice and ethics, so conflicts arise on the issue of who should pay for repairs in a particular case.
To minimize these disputes, we recommend that you clearly define, in writing, who should pay for repairs in which cases, at the very beginning of the employment transaction.
The legislator in the Civil Code established a very general rule: major repairs are carried out by the owner, routine repairs are carried out 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), general provisions on rent (not rental) are used here, which coincides with the provisions on rental: current - residents, capital owner. But if in relation to household appliances we apply the analogy of the right to “rent a vehicle without a crew”, Art. 644 of the Civil Code of the Russian Federation, then both major and current repairs are the responsibility of the tenant. We consider the analogy with renting a vehicle more appropriate, because... General rental provisions relate to the rental of premises rather than technically complex movable property.
With regard to major repairs when repairing the box and finishing, we also agree - this is the responsibility of the owner. As for the repair of movable property (furniture and household appliances), here we use a discretionary right (or an analogy with renting a vehicle) and major and current repairs are the responsibility of the residents. This is because in practice it is very, very difficult to separate major repairs from current ones in relation to a sofa or washing machine; disputes will arise again. It is important that in this case the tenant will treat the rented property more carefully. Otherwise, if repairs are carried out by the owner, the risks of property damage as a result of careless operation increase.
The above position is applied by our company (Host Service) with a reservation. Indeed, a rather expensive breakdown can occur and holding the tenant responsible is unfair and can lead to the termination of the transaction.
We recommend adding to the contract a provision that the parties have the right to reconsider and distribute financial responsibility in certain situations. In this case, we perform the role of a regulator as an agency, and if the owner works directly, then he himself must apply this rule from a position of fairness.
In general, instead of ineffectively distributing the responsibility to carry out current and major repairs, we recommend that all repairs of movable property be assigned to the tenant and leave the parties the opportunity, by mutual agreement, to change the responsibility in a particular case.

In addition, we recommend setting up a test period. If a breakdown occurs within the specified period due to natural wear and tear, the owner will carry out the repair.
The test period is important because... the owner may not be aware of the property's inoperability. In our transactions this period is 15 days.
A different situation arises when damage occurs as a result of force majeure. In this case, looking at the customs existing in the market, we assign the responsibility for repairs to the owner in our contracts. Only in this case must the tenant prove that force majeure occurred, otherwise every burnt-out appliance or light bulb may
be based on a surge in electricity. As evidence, you can involve neighbors in testimony or refer to a hurricane that raged in the area.
Of course, it is worth applying these rules in the contract with an eye to 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 out an apartment cannot be avoided. And, of course, it’s not worth fighting for every scratch.
However, it is the detailed definition of these positions in the contract that will avoid disputes and protect the owner when it is really needed.
And one more moment. Don’t forget about the detailed transfer deed using photos or videos. Without it, the above information may be useless.
We have prepared language for you to use in your rental agreement. Use it for your health:
RESPONSIBILITIES OF THE PARTIES FOR MAINTENANCE OF THE PREMISES AND PROPERTY:
During the entire term of the Contract, the Tenant is obliged to maintain the proper condition of the Property, including carrying out routine and major repairs.
Current repairs of the Premises are the responsibility of the Tenant. Current repairs of the Premises are carried out after agreement with the Landlord.
Major repairs of the Premises are the responsibility of the Landlord. Major repairs mean 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 occurs within 15 calendar days from the date of transfer of the Premises and property for rent is excluded. When prolonging the Agreement, this exception does not apply.
Repairs for damage caused by force majeure (natural disaster, power surge, change in water pressure) are the responsibility of the Lessor. The Tenant is responsible for proving the impact of force majeure circumstances. In the absence of such evidence
The Tenant is responsible.

Every 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 lifespan, so the issue of updating communications will someday become inevitable. Before replacing heating risers in an apartment, you need to find out who is responsible for their condition and pays for the work: the residents or the management organization.

Whose house is there a boner in?

All issues in the housing sector, including housing and communal services, are regulated by several resolutions of the Government of the Russian Federation (PP) and the Housing Code (LC). First, in PP No. 354, and then in the Housing Code of the Russian Federation, it is determined that all engineering systems of the house, which include risers, are part of the common property of an apartment building (MCD). 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 characteristics of the common property of apartment buildings:

• belongs to all apartment owners on the right of common ownership;
• is located in an apartment building inside or outside the premises or outside this apartment building;
• intended to serve more than one room in an apartment building.

The riser runs 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 heat to only 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 turn again to the Housing Code. It says that The management company (MC) is responsible for ensuring high-quality maintenance of common property. This leads to the conclusion: according to the law, replacing risers in an apartment building, as well as repairing them, is the direct responsibility of the management company. And who should change the batteries in a privatized apartment, read.

At the same time, the management company must perform its functions in such a way that the condition of the common property at any time ensures the uninterrupted provision of high-quality utility services. An old, rusty riser pipe is an indicator of a clearly low level of work on the maintenance of common property. Find out what the responsibilities of the management company are in the article.

Who pays for the work

Any work must be paid for; Nobody argues with this. The question is who bears the costs: residents who live in an apartment with a problem riser, the management company, or all owners of the premises of this building must pay jointly. This difficult topic causes constant controversy and has different interpretations.

Responsibility for common property

Decree of the Government of the Russian Federation No. 491 of August 13, 2006 determines what 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 property. In particular, it defines, in addition to repairing the heating system, who is responsible for the condition of attics, basements, elevators, etc.

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

An expanded interpretation is given in section PP No. 290 on the minimum list of services for the maintenance of common property in an apartment building. Clause 18 states that in order to restore the functionality of, for example, a heating system, it is necessary to repair or replace equipment and heating devices that are part of the common property. In addition, if depressurization (break) occurs in any section of the pipeline, then immediate restoration of the integrity of this pipe is mandatory.

Having made sure that the risers are part of the common property that falls under the responsibility of the management company under the heading of expenses for the maintenance and repair of residential premises, 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 owners of apartments in apartment buildings participate in the costs of maintaining common property by paying a fee according to the above article (Article 158 of the Housing Code of the Russian Federation), this means that all work on the riser is paid for jointly - by all owners of premises in the house. Owners of privatized apartments bear the burden of personal expenses only for intra-apartment pipe distribution.

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 the risers: the management company does the replacement, all the residents pay, transferring money to it monthly.

How to protect your rights

As planned, replacement of heating risers in an apartment is carried out in the spring and summer, but emergency situations can arise 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 carry out emergency work (which are not uncommon in public utilities), the management company must provide a special reserve of funds for the cost of maintaining and repairing common property in the apartment building.

Your application must be completed as required by Law No. 59-FZ, a registered copy must be given to you, and then you must be notified in writing of the expected date of completion of the work to replace the riser. If the answer is negative, you can go to court and recover money from the management company for the damage caused if, due to rotten pipes, your apartment or your neighbors’ apartment suddenly floods.

If events develop favorably, you will either be reimbursed for the cost of the damaged property or offered to repair the damage. If the management company denies its guilt, you can contact an expert organization that will assess the damage object.

The same “Rules” (clause 42) stipulate the responsibility of the management organization to the owners of the premises in the event that it violates its contractual obligations and its employees perform unsatisfactory work on maintaining the common property. Under current legislation, it is easy to hold them accountable.

In pre-trial order, you can contact the supervisory authorities; State Housing Inspectorate, 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 the event of their violation by the management company, you need to know about your rights and be active. And in difficult situations, competent lawyers will always come to your aid.

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

According to this regulatory act, the common property of an in-house heating system includes:

• risers;
• heating elements;
• control and shut-off valves;
• collective heat metering devices;
• other equipment located on these networks.

However, when the need arises to change the batteries in an apartment (especially in a privatized one), both the owner and the management company interpret the legislation in their own interests. Due to regular judicial appeals, the need arose to clarify the normative act. To clarify the controversial situations, the Ministry of Regional Development of the Russian Federation sent letter No. 6037-RM/07 dated April 4, 2007, in which batteries in apartments are recognized as included in the common property of the building.

Replacing heating batteries in an apartment: do it yourself or through the housing office

Moscow from 40,000 rub. Division of jointly acquired property Moscow from 15,000 rubles. Similar questions

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See also

• Redemption 1.

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

Meeting of house residents In reality, it is difficult to imagine that a general meeting of residents will be held to agree on the replacement of each battery in the house. The responsibilities of the chairman of the HOA include monitoring the general heating system for the building. In addition, the thermal balance of the building is often disrupted through independent installation of new batteries, as a result of which the temperature regime in some apartments may be disrupted.

Attention

The chairman of the HOA whose temperature balance of the house has been changed must identify apartments with illegal installation and replacement of radiators in order to organize normal heating of the entire house. In the rules for the use of housing stock, control over unauthorized changes to heating equipment in apartments is assigned to the service organization. The homeowners' association can contact the housing office and dismantle the extra radiators illegally installed at the expense of the residents.

Who should pay for battery repair?

She must monitor the condition of the risers of the apartment building, heating pipes, and carry out repair work if necessary. Battery replacement is free of charge. If there are shut-off valves in front of the apartment, the owner of the property usually pays for the replacement of radiators. If the management company repairs the risers unconditionally, then the management company often refuses to change the equipment in the apartment for free.

ATTENTION! In this case, you should write an application for a replacement officially and register it. It is recommended that you consult with a lawyer experienced in utility law on this issue. If the management company ignores consumers and does not deal with its direct business, a written appeal will become the basis for going to court.

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

As a result, the homeowner independently buys and replaces the battery, providing heat in the house. ATTENTION! If the apartment owner independently repairs the heating system, he may demand compensation in the amount of the cost of the radiator. Unfortunately, it is difficult to achieve this compensation even through the court; the management company finds arguments in its defense.
Therefore, it is better to first consult with an experienced lawyer about when you can present an invoice to the Criminal Code before starting a controversial case. Main features of the process During operation, batteries wear out and require replacement for better operation of the heating system. But radiators, as common property, are to be replaced in the apartment at whose expense. The management company may not consider such work necessary, and by law, the ability to independently repair common property is limited.

Who should replace a leaking battery in an apartment and at whose expense?

Simply put, if your battery is leaking, the management company will replace it. You need to call a specialist, and he is obliged to replace the device free of charge. It would seem nothing complicated. But in practice, things often happen differently.
The management company's employees may say that they do not have a replacement battery. They may offer to repair the old device or install plugs and ask you to wait. This wait usually drags on. Therefore, the owner cannot stand it and purchases a battery at his own expense, because no one wants to freeze in the cold season.

Important

If you nevertheless changed the battery in the apartment at your own expense, you have the right to demand compensation from the management company through the court. However, practice shows that such disputes are rarely resolved in favor of the owner. If you find yourself in this situation, it is advisable to contact a lawyer for professional help.

Who should change the batteries: responsibility of the parties, heating repair

Info

They classify actions to replace or complicate radiators as a procedure for refurbishing the premises, which requires coordination with the relevant authorities. But this point of view is erroneous, since the technical passport does not require indicating heating devices; it does not contain information about the location and availability of their quantity. Only a heat source is prescribed, for example, a thermal power plant. Consequently, homeowners cannot be forced to restore the premises to their original condition, as is the case with reconstruction.

But you need to notify the Criminal Code of your actions. Remember! Independent replacement of radiators in an apartment at your own expense requires mandatory notification to the service company. Notifying the service company when replacing radiators The simplest situation is when old radiators are replaced with new ones of the same type. But the rest of the work must go through examination.

Removal and replacement of emergency radiator. at whose expense?

But it is often very difficult to force the homeowner to remove an additional and illegally installed battery or return the heating structure to its previous form. A way out of the situation may be to file a lawsuit to compel action to dismantle the radiator. Lawsuit in court Are new heating devices included in the registration certificate of the premises? To install an additional heating element or modify an existing radiator, you must coordinate your actions with the HOA. It often considers such a process as re-equipment, which should be noted in the technical passport of the premises. The work of the HOA Many HOA chairmen believe that a new heating device or its modification is a reason to enter data about this into the registration certificate.

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

According to it, the tenant himself repairs and maintains heating appliances in his personal apartment. But no one can, at will, change the composition of the property belonging to the common house. Replacing batteries Remember! The existing contradictory points in the law do not invalidate the main provision that classifies radiators in apartments as common property of the house.

And if the emergency radiators in your home require replacement and do not have shut-off devices, you need to contact the Housing Office and the management company with a request. If you refuse the above actions, you can write an official letter to the organization servicing the house, where you outline the situation and demand replacement of the batteries. And then, having studied housing legislation, file an application with the court to force the battery to be replaced.

Who pays for battery repairs?

It does not have a specific definition, but it is related to the ratio of heat supplied to the house and its losses, that is, ideally, the second factor should not exceed the first. With an appropriate balance, when gains and losses are equal, the required temperature is established in the building, necessary for the comfortable living of residents. Imbalance of the heating system can occur for various reasons, including due to open heating main lines as a result of long-term repairs of city heating networks and the installation of illegal heating radiators in apartments. Who should replace the battery in an apartment? Having registered housing as his own, a citizen sometimes has no idea that not everything in his apartment belongs to him personally. The provisions of the Housing Code of the Russian Federation explain what applies to common property.

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

But doesn't this position threaten big problems in the future? So we come to a simple thought: we need to figure out whether such a position is legal.

Who should pay and who shouldn't?

The legislation provides for cases in which contributions for major repairs may not be paid.

But there are not many of them, let’s look at the payments: are they universally mandatory?

Nature of fees: can I refuse?

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

LAW!“Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in Part 2 of this article, Part 8 of Article 170 and Part 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 corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.” (Part 1 of Article 169 of the RF Housing Code)

Considering that most apartment buildings today are in unsatisfactory condition, their renovation will be expensive for residents.

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

IMPORTANT! The tenant of a social apartment is not required to pay fees, as he is not the owner of the premises.

Therefore, it is worth thinking carefully or not.

But many owners do not want to give this amount. So, what are the grounds for non-payment?

Residential buildings that do not pay receipts

There are several cases where you can avoid paying the fee for an entire 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 major repairs will not be made in the future);
2. houses located on land seized for state and municipal purposes.

Lawyers name several other ways permitted by the legislator to avoid fulfilling this obligation:

1. 50% of funds have been collected 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 repairs already carried out if they were included in the plan.

And although we have not come across examples of the implementation of the last point in practice, the editors of the site do not give up hope of finding eyewitnesses. If you know such cases, be sure to write in the comments to the article.

Certain categories of owners

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

The point is that You must 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 an interested party who has all the rights to reduce or cancel such a fee will work against him. And the previously transferred amounts will remain in the fund’s accounts and will not be returned.

Non-payment if major repairs have already been carried out