Legislative framework of the Russian Federation. Law on major repairs of residential apartment buildings Federal Law 271 Federal Law

Valid Editorial from 25.12.2012

Name of documentFEDERAL LAW of December 25, 2012 N 271-FZ "ON AMENDING THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNIZING SEPARATE PROVISIONS OF LEGISLATIVE ACTS RUSSIAN FEDERATION"
Document typelaw
Receiving authorityPresident of the Russian Federation, State Duma of the Russian Federation, Siberian Federation of the Russian Federation
Document Number271-FZ
Acceptance date26.12.2012
Revision date25.12.2012
Date of registration with the Ministry of Justice01.01.1970
Statusvalid
Publication
  • Official Internet portal of legal information, 12/26/2012
  • "Collection of Legislation of the Russian Federation", N 53, 12/31/2012, art. 7596.
NavigatorNotes

FEDERAL LAW of December 25, 2012 N 271-FZ "ON AMENDING THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNIZING SEPARATE PROVISIONS OF LEGISLATIVE ACTS RUSSIAN FEDERATION"

a) add clause 10.1 with the following content:

"10.1) determining the procedure for establishing the need for major repairs of common property in an apartment building;";

b) add clause 16.4 with the following content:

"16.4) monitoring the use of housing stock and ensuring its safety;";

c) add clause 16.5 with the following content:

"16.5) methodological support for the activities of regional operators (including the development of methodological recommendations for the creation of regional operators and ensuring their activities, recommended reporting forms and the procedure for its submission);";

d) add clause 16.6 with the following content:

"16.6) monitoring the choice and implementation by owners of premises in an apartment building of a method for forming a capital repair fund;";

a) add part 8.1 with the following content:

"8.1. The minimum amount of the contribution for major repairs is established by a regulatory legal act of a constituent entity of the Russian Federation in accordance with methodological recommendations approved by the federal executive body authorized by the Government of the Russian Federation, in the manner established by the law of the constituent entity of the Russian Federation, based on the occupied total area of ​​the premises in an apartment building , owned by the owner of such premises, and can be differentiated depending on the municipality in which the apartment building is located, taking into account its type and number of storeys, the cost of major repairs of individual elements of building structures and engineering systems of the apartment building, the standard periods for their effective operation before carrying out the next major overhaul (normative time between overhauls), as well as taking into account the list of works for overhaul of common property in an apartment building established by this Code and the regulatory legal act of the constituent entity of the Russian Federation.";

b) add part 8.2 with the following content:

"8.2. Owners of premises in an apartment building may decide to establish a contribution for major repairs in an amount exceeding the minimum amount of such contribution established by the regulatory legal act of a constituent entity of the Russian Federation.";

a) in part 6, the second sentence should be stated as follows: “The amount of the regional standard for the cost of housing and communal services is established for the persons specified in paragraphs 1 - 3 of part 2 of this article, based on the amount of payment for the use of residential premises (rental fee) for tenants under social tenancy agreements living in residential premises located in apartment buildings, the level of improvement, design and technical parameters of which correspond to the average conditions in the municipality, the amount of payment used to calculate the fee for the maintenance and repair of residential premises for these tenants, prices, tariffs and standards for the consumption of utility services used to calculate utility fees for these tenants.", add the following sentence: "The size of the regional standard for the cost of housing and communal services is established for owners of residential premises based on the amount of the fee used to calculate maintenance fees and repair of residential premises for the specified tenants, the minimum amount of contribution for capital repairs (when paying in accordance with this Code of contributions for capital repairs), prices, tariffs for resources necessary for the provision of utilities, and utility consumption standards used to calculate fees for utilities for the specified tenants.";

B) part 11, after the words “cost of housing and communal services”, add the words “including the cost of housing and communal services for owners of residential premises who, in accordance with this Code, pay contributions for major repairs,”;

15) add Section IX with the following content:

1. List of services and (or) work on major repairs of common property in an apartment building, the provision and (or) implementation of which is financed from the capital repair fund, formed on the basis of the minimum amount of contribution for major repairs established by the regulatory legal act of the constituent entity of the Russian Federation , includes:

1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal;

2) repair or replacement of elevator equipment declared unsuitable for operation, repair of elevator shafts;

3) roof repair, including the conversion of a non-ventilated roof to a ventilated roof, installation of exits to the roof;

4) repair of basements belonging to common property in an apartment building;

5) insulation and repair of the facade;

6) installation of collective (common house) meters for the consumption of resources necessary for the provision of public services, and units for managing and regulating the consumption of these resources (heat energy, hot and cold water, electric energy, gas);

7) repair of the foundation of an apartment building.

2. A regulatory legal act of a constituent entity of the Russian Federation provides a list of services and (or) work on major repairs of common property in an apartment building, financed from the capital repair fund, the amount of which is based on the minimum amount of contribution for major repairs established by a regulatory legal act of a constituent entity of the Russian Federation Federation, may be supplemented with other types of services and (or) works.

3. If the owners of premises in an apartment building decide to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, part of the capital repair fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on major repairs of common property in an apartment building.

4. The list of services and (or) works for major repairs of common property in an apartment building, which can be financed from state support provided by a constituent entity of the Russian Federation, is determined by a regulatory legal act of a constituent entity of the Russian Federation.

State authorities of a constituent entity of the Russian Federation adopt normative legal acts that are aimed at ensuring the timely implementation of major repairs of common property in apartment buildings located on the territory of a constituent entity of the Russian Federation, and by which:

1) the minimum amount of contribution for major repairs of common property in an apartment building is established;

2) the procedure for monitoring the technical condition of apartment buildings is established;

3) a regional operator is created, the issue of forming its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activities of the regional operator is established;

4) the procedure and conditions for providing state support for major repairs of common property in apartment buildings are approved, including for the provision of guarantees, guarantees for loans or borrowings, if the appropriate funds for the implementation of this support are provided for by the law of the subject of the Russian Federation on the budget of the subject Russian Federation;

5) establishes the procedure for the preparation and approval of regional programs for the capital repair of common property in apartment buildings, as well as the requirements for these programs;

6) establishes the procedure for the provision by the person in whose name a special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of information to be provided in accordance with Part 7 of Article 177 and Article 183 of this Code, a list of other information to be provided by these persons, and the procedure for providing such information;

7) establishes the procedure for the payment by the owner of a special account and (or) the regional operator of funds from the capital repair fund to the owners of premises in an apartment building, as well as the procedure for using funds from the capital repair fund for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;

8) a procedure is established for monitoring the targeted expenditure of funds generated from contributions for major repairs and ensuring the safety of these funds.

1. The highest executive bodies of state power of the constituent entities of the Russian Federation approve regional programs for the overhaul of common property in apartment buildings for the purpose of planning and organizing the overhaul of common property in apartment buildings, planning for the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of funds from the budgets of the constituent entities of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for capital repairs).

2. The regional capital repair program for common property in apartment buildings (hereinafter referred to as the regional capital repair program) is formed for the period necessary to carry out major repairs of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:

1) a list of all apartment buildings located on the territory of a constituent entity of the Russian Federation, with the exception of apartment buildings recognized in accordance with the procedure established by the Government of the Russian Federation as unsafe and subject to demolition;

2) a list of services and (or) works for major repairs of common property in apartment buildings;

3) the planned year for major repairs of common property in apartment buildings;

4) other information to be included in the regional capital repair program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.

3. The order of major repairs of common property in apartment buildings is determined in the regional capital repair program based on the criteria that are established by the law of the constituent entity of the Russian Federation and can be differentiated by municipalities. As a matter of priority, the regional capital repair program should provide for the following major repairs:

1) common property in apartment buildings that required major repairs on the date of privatization of the first residential premises, provided that such major repairs were not carried out on the date of approval or updating of the regional capital repair program;

2) apartment buildings, major repairs of which are required in order to establish the need for major repairs of common property in an apartment building, approved by the Government of the Russian Federation.

4. Introducing changes into the regional capital repair program that provide for postponing the established period for major repairs of common property in an apartment building to a later period, reducing the list of planned types of services and (or) work on major repairs of common property in an apartment building is not allowed, with the exception of cases of adoption of an appropriate decision by the owners of premises in this apartment building.

5. The regional capital repair program must be updated at least once a year.

6. The procedure for preparing and approving regional capital repair programs and requirements for such programs are established by the law of the constituent entity of the Russian Federation in accordance with this Code.

7. In order to implement the regional capital repair program, specify the timing of capital repairs of common property in apartment buildings, clarify the planned types of services and (or) work on capital repairs of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs State authorities of a constituent entity of the Russian Federation and local self-government bodies are required to approve short-term (for a period of up to three years) plans for the implementation of a regional capital repair program in the manner established by the regulatory legal act of a constituent entity of the Russian Federation.

1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 4 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.

2. Contributions for major repairs are not paid by the owners of premises in an apartment building that is recognized in accordance with the procedure established by the Government of the Russian Federation as being in disrepair and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on the seizure of a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. Owners of premises in an apartment building are exempt from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.

3. The obligation to pay contributions for capital repairs arises for the owners of premises in an apartment building after four calendar months, unless an earlier period is established by law of the constituent entity of the Russian Federation, starting from the month following the month in which the approved regional capital program was officially published renovation, which included this apartment building.

4. Income from the transfer for use of common property in an apartment building, funds of the homeowners’ association, including income from the economic activities of the homeowners’ association, may be allocated by decision of the owners of premises in the apartment building, by the decision of the members of the homeowners’ association, adopted in accordance with this Code, the charter of the homeowners’ association, for the formation of a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major repairs.

1. Contributions for capital repairs paid by the owners of premises in an apartment building, interest paid by the owners of such premises in connection with their improper fulfillment of the obligation to pay contributions for capital repairs, interest accrued for the use of funds located in a special account, form the capital fund repair.

2. The size of the capital repair fund is calculated as the sum of the proceeds to the fund specified in Part 1 of this article minus the amounts transferred from the capital repair fund to pay for the cost of services provided and (or) work performed on major repairs of common property in an apartment building and advances for the specified services and (or) work.

3. Owners of premises in an apartment building have the right to choose one of the following methods for forming a capital repair fund:

1) transfer of contributions for capital repairs to a special account in order to form a capital repair fund in the form of funds located in a special account (hereinafter referred to as the formation of a capital repair fund in a special account);

2) transfer of contributions for capital repairs to the account of the regional operator in order to form a capital repair fund in the form of the obligatory rights of the owners of premises in an apartment building in relation to the regional operator (hereinafter referred to as the formation of a capital repair fund on the account of the regional operator).

4. If the owners of premises in an apartment building have chosen to form it on a special account as a method of forming a capital repair fund, the decision of the general meeting of owners of premises in the apartment building must determine:

1) the amount of the monthly contribution for major repairs, which should not be less than the minimum amount of the contribution for major repairs established by the regulatory legal act of the constituent entity of the Russian Federation;

2) a list of services and (or) works for major repairs of common property in an apartment building, consisting of no less than the list of such services and (or) works provided for by the regional capital repair program;

3) the timing of major repairs of common property in an apartment building, which cannot be later than the planned dates established by the regional capital repair program;

4) owner of a special account;

5) a credit institution in which a special account will be opened. If a regional operator is identified as the owner of a special account, the credit institution chosen by the owners of premises in an apartment building must carry out activities to open and maintain special accounts on the territory of the corresponding constituent entity of the Russian Federation. If the owners of premises in an apartment building have not chosen a credit institution in which a special account will be opened, or this credit institution does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit institution in which a special account has been opened and is considered transferred to the discretion of the regional operator.

5. The decision to determine the method of forming a capital repair fund must be made and implemented by the owners of premises in an apartment building within the period established by the state authority of the constituent entity of the Russian Federation, but no more than within two months after the official publication of the document approved in the law of the constituent entity of the Russian Federation in accordance with the regional capital repair program, which includes an apartment building, in relation to which the issue of choosing a method for forming its capital repair fund is being decided. In order to implement the decision to form a capital repair fund in a special account opened in the name of the regional operator, the owners of premises in an apartment building must send to the regional operator a copy of the minutes of the general meeting of such owners who formalized this decision.

6. No later than one month before the end of the period established by part 5 of this article, the local government body convenes a general meeting of owners of premises in an apartment building to decide on the choice of method for forming a capital repair fund, if such a decision has not been made earlier.

7. If the owners of premises in an apartment building, within the period established by part 5 of this article, did not choose the method of forming a capital repair fund or the method they chose was not implemented within the period established by part 5 of this article, and in the cases provided for by part 7 of the article 189 of this Code, the local government body makes a decision on the formation of a capital repair fund in relation to such a house on the account of the regional operator.

8. The law of a constituent entity of the Russian Federation may establish a minimum size of capital repair funds in relation to apartment buildings, the owners of premises in which create these funds in special accounts. Owners of premises in an apartment building have the right to establish the size of the capital repair fund for their building in an amount greater than the established minimum size of the capital repair fund. Upon reaching the minimum size of the capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay contributions for capital repairs, with the exception of owners who are in arrears in paying these contributions.

1. In the case of the formation of a capital repair fund on the account of a regional operator, the owners of premises in an apartment building pay contributions for major repairs on the basis of payment documents submitted by the regional operator, within the time limits established for payment of payments for residential premises and utilities, unless otherwise provided by law subject of the Russian Federation.

2. In the case of the formation of a capital repair fund in a special account opened in the name of the person specified in Part 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for payment of payments for residential premises and utilities.

1. The owner of a special account, within five working days from the moment of opening a special account, is obliged to submit to the state housing supervision body a notification about the method chosen by the owners of premises in the corresponding apartment building for forming a capital repair fund, attaching a copy of the minutes of the general meeting of owners of premises in this apartment building on the adoption decisions provided for in parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise established by the law of the constituent entity of the Russian Federation.

2. The regional operator is obliged to submit to the state housing supervision body in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information provided for by the law of the constituent entity of the Russian Federation about apartment buildings, the owners of the premises in which create capital repair funds on the account, accounts of the regional operator, and also on the receipt of contributions for major repairs from the owners of premises in such apartment buildings.

3. The owner of a special account is obliged to submit to the state housing supervision body, in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information about the receipt of contributions for major repairs from the owners of premises in an apartment building, about the amount of the balance of funds in the special account.

4. The state housing supervision body maintains a register of notifications specified in part 1 of this article, a register of special accounts, informs the local government body and the regional operator about apartment buildings in which the owners of the premises have not chosen the method of forming capital repair funds and (or) have not implemented it .

5. The state housing supervision body provides the information specified in parts 1 - 4 of this article to the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, in the manner established by this federal body.

1. The method of forming a capital repair fund can be changed at any time based on a decision of the general meeting of owners of premises in an apartment building.

2. In the event that a loan or loan has been provided for major repairs of common property in an apartment building and has not been returned, or there is a debt to pay for services rendered and (or) work performed on major repairs of common property in an apartment building to be repaid from the capital repair fund , changing the method of forming a capital repair fund in relation to this apartment building is permitted subject to the full repayment of such debt.

3. If the formation of a capital repair fund is carried out on the account of a regional operator, in order to change the method of forming a capital repair fund, the owners of premises in an apartment building must make a decision in accordance with Part 4 of Article 170 of this Code.

4. The decision of the general meeting of owners of premises in an apartment building to change the method of forming a capital repair fund within five working days after such a decision is made is sent to the owner of a special account to which contributions for major repairs of common property in such an apartment building are transferred, or to the regional operator, to the account to which these contributions are transferred.

5. The decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account comes into force two years after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator in accordance with Part 4 of this article, if a shorter period not established by the law of the subject of the Russian Federation, but not earlier than the occurrence of the condition specified in part 2 of this article. Within five days after the said decision comes into force, the regional operator transfers the funds from the capital repair fund to a special account.

6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator comes into force one month after the decision of the general meeting of owners of premises in an apartment building is sent to the owner of the special account in accordance with Part 4 of this article, but not before the occurrence of the condition specified in part 2 of this article. Within five days after the said decision comes into force, the owner of the special account transfers the funds from the capital repair fund to the account of the regional operator.

1. Funds from the capital repair fund can be used to pay for services and (or) work on major repairs of common property in an apartment building, development of design documentation (if the preparation of design documentation is necessary in accordance with the legislation on urban planning), payment for construction services control, repayment of credits, loans received and used to pay for the specified services, works, as well as to pay interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits, loans. At the same time, at the expense of the capital repair fund, within the amount formed on the basis of the minimum amount of contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for in Part 1 of Article 166 of this Code and the work provided for by the law of the constituent entity can be financed Russian Federation, repayment of loans received and used to pay for these works, and payment of interest for the use of these loans.

2. If an apartment building is recognized as unsafe and subject to demolition or reconstruction, the funds from the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code by decision of the owners of the premises in this apartment building, and in case of seizure for the state or municipal needs of the land plot on which this apartment building is located, and accordingly the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, the capital repair fund funds are distributed between the owners of premises in this apartment building in proportion to the amount of contributions they paid for capital repairs and contributions for capital repairs paid by previous owners of the relevant premises.

1. A special account is opened in a bank in accordance with the Civil Code of the Russian Federation and the specifics established by this Code. Funds deposited into a special account are used for the purposes specified in Article 174 of this Code.

2. The owner of a special account can be:

1) a homeowners association that manages an apartment building and was created by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which totals no more than thirty, if these houses are located on land plots that, in accordance with those contained in the state real estate cadastre documents have a common border and within which there are networks of engineering and technical support, other infrastructure elements that are intended for joint use by the owners of premises in these houses;

2) a housing cooperative or other specialized consumer cooperative managing an apartment building.

3. Owners of premises in an apartment building have the right to decide to choose a regional operator as the owner of a special account.

4. Owners of premises in an apartment building have the right to create a capital repair fund only in one special account. A special account can accumulate funds from the capital repair fund of premises owners in only one apartment building.

5. The special account agreement is of unlimited duration.

6. Money held in a special account cannot be recovered for the obligations of the owner of this account, with the exception of obligations arising from agreements concluded on the basis of decisions of the general meeting of owners of premises in an apartment building, specified in clause 1.2 of part 2 of Article 44 of this Code, as well as contracts for the provision of services and (or) performance of work on major repairs of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in the apartment building to carry out major repairs or on other legal grounds.

7. If the owner of a special account is declared bankrupt, the funds located in the special account are not included in the bankruptcy estate.

1. A special account is opened in the name of the person specified in parts 2 and 3 of Article 175 of this Code upon presentation of the decision of the general meeting of owners of premises in an apartment building, drawn up in minutes, adopted in accordance with paragraph 1.1 of part 2 of Article 44 of this Code, and other documents, provided for by banking rules.

2. A special account can be opened in Russian credit institutions whose equity (capital) is at least twenty billion rubles. The Central Bank of the Russian Federation quarterly posts information about credit institutions that meet the requirements established by this part on its official website on the Internet.

3. The special account agreement can be terminated upon application by the owner of the special account if there is a decision documented in the minutes of the general meeting of owners of premises in an apartment building to change the method of forming the capital repair fund, to replace the owner of the special account or credit institution, provided that there is no outstanding debt on what was received in this credit organization for a loan for major repairs of common property in an apartment building.

4. The balance of funds when closing a special account is transferred at the request of the owner of the special account:

1) to the account of the regional operator in case of a change in the method of forming the capital repair fund;

2) to another special account in case of replacement of the owner of the special account or credit institution on the basis of a decision of the general meeting of owners of premises in the corresponding apartment building.

5. The owner of a special account is obliged to submit an application to the bank to terminate the special account agreement and transfer the balance of funds within ten days after receiving the relevant decision of the general meeting of owners of premises in an apartment building. If the owner of the special account does not terminate the special account agreement or does not submit an application to transfer the balance of funds in the special account to the account of a regional operator or another special account in accordance with the decision of the general meeting of owners of premises in an apartment building, within the period established by this part, any owner of premises in an apartment building, and in the case provided for in paragraph 1 of part 4 of this article, also the regional operator has the right to apply to the court for the recovery of funds held in a special account of this apartment building, with their transfer to another special account or to the account of a regional operator.

1. The following operations can be performed on a special account:

1) write-off of funds associated with payments for services rendered and (or) work performed on major repairs of common property in an apartment building and payments for other services and (or) work specified in Part 1 of Article 174 of this Code;

2) write-off of funds to repay credits, loans received to pay for services and (or) work specified in Part 1 of Article 174 of this Code, payment of interest for the use of such credits, loans, payment of expenses for obtaining guarantees and sureties for such loans , loans;

3) in the event of a change in the special account, transfer of funds located in this special account to another special account and crediting to this special account of funds written off from another special account, based on the decision of the owners of premises in an apartment building;

4) in case of a change in the method of forming the capital repair fund, transfer of funds to the account of the regional operator and crediting of funds received from the regional operator, based on the decision of the owners of premises in an apartment building;

5) crediting contributions for major repairs, accruing interest for improper fulfillment of the obligation to pay such contributions;

6) accrual of interest for the use of funds and write-off of commissions in accordance with the terms of the special account agreement;

7) transfer of funds located in this special account in the cases provided for in Part 2 of Article 174 of this Code;

8) other transactions for writing off and crediting funds related to the formation and use of funds from the capital repair fund in accordance with this Code.

2. Operations on a special account not provided for in Part 1 of this article are not allowed.

3. The bank, in the manner established by this article, banking rules and the special account agreement, is obliged to ensure compliance of transactions carried out on the special account with the requirements of this Code.

4. Transactions for transferring funds from a special account can be carried out by the bank at the direction of the owner of the special account to persons providing services and (or) carrying out work on major repairs of common property in an apartment building, upon provision of the following documents:

1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such meeting on the provision of services and (or) on the performance of work on major repairs of common property in an apartment building;

2) an agreement on the provision of services and (or) on the performance of work on major repairs of common property in an apartment building;

3) act of acceptance of services provided and (or) work performed under the contract specified in paragraph 2 of this part. Such an acceptance certificate is not provided in the event of an advance payment transaction for the provision of services and (or) work in the amount of no more than thirty percent of the cost of such services and (or) work under the contract specified in paragraph 2 of this part.

5. Operations to write off funds from a special account to repay loans, borrowings and to pay interest on loans received for major repairs of common property in an apartment building may be carried out by the bank by order of the owner of the special account on the basis of:

1) minutes of the general meeting of owners of premises in an apartment building, containing the decision of such meeting to conclude a credit agreement, loan agreement, respectively, with a bank, lender, indicating the bank, lender, the amount and purpose of the loan;

2) credit agreement, loan agreement.

6. The bank refuses to execute the order of the owner of the special account to carry out the corresponding transaction, in support of which the documents specified in parts 4 and 5 of this article are not presented.

7. The bank in which the special account is opened and the owner of the special account provide, at the request of any owner of the premises in an apartment building, information on the amount of payments credited to the account by the owners of all premises in the apartment building, on the balance of funds in the special account, on all transactions on this special account.

1. The regional operator is a legal entity created in the organizational and legal form of a fund.

2. A regional operator is created by a subject of the Russian Federation, and it can create several regional operators, each of which operates in part of the territory of such a subject of the Russian Federation.

3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the specifics established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.

4. The regional operator does not have the right to create branches and open representative offices, as well as create commercial and non-profit organizations, participate in the authorized capital of business companies, or the property of other commercial and non-profit organizations.

5. Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations arising from agreements concluded with such owners in accordance with this Code and the laws of the constituent entity of the Russian Federation adopted in accordance with it, are subject to compensation in the amount paid contributions for major repairs in accordance with civil legislation.

6. A subject of the Russian Federation bears subsidiary liability for failure to fulfill or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.

7. Methodological support for the activities of regional operators (including the development of methodological recommendations for the creation of regional operators and ensuring their activities, recommended forms of reporting and the procedure for its submission) is carried out by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services.

1. The property of the regional operator is formed through:

1) contributions of the founder;

2) payments by owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;

3) other sources not prohibited by law.

2. The property of the regional operator is used to perform its functions in the manner established by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the constituent entity of the Russian Federation and other regulatory legal acts of the constituent entity of the Russian Federation.

3. Funds received by the regional operator from the owners of premises in apartment buildings, forming capital repair funds on the account of the regional operator, can only be used to finance the costs of major repairs of common property in these apartment buildings. The use of these funds for other purposes, including payment of administrative and business expenses of the regional operator, is not permitted.

4. Funds received by the regional operator from the owners of premises in some apartment buildings, forming capital repair funds on the account, accounts of the regional operator, can be used on a repayable basis to finance capital repairs of common property in other apartment buildings, the owners of premises in which also form funds major repairs on the account of the same regional operator. In this case, the law of a constituent entity of the Russian Federation may establish that such use of funds is permitted only if the specified apartment buildings are located on the territory of a certain municipal entity or the territories of several municipal entities.

1. The functions of the regional operator are:

1) accumulation of contributions for capital repairs paid by owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account of the regional operator;

2) opening special accounts in one’s name and performing transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building chose a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their name;

3) performing the functions of a technical customer for major repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

4) financing the costs of capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account, accounts of the regional operator, within the limits of these capital repair funds, using, if necessary, funds received from other sources, including from budget of a constituent entity of the Russian Federation and (or) local budget;

5) interaction with government authorities of a constituent entity of the Russian Federation and local governments in order to ensure timely capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;

6) other functions provided for by this Code, the law of the constituent entity of the Russian Federation and the constituent documents of the regional operator.

2. The procedure for the regional operator to perform its functions, including the procedure for its financing of capital repairs of common property in apartment buildings, is established by the law of the constituent entity of the Russian Federation.

1. Owners of premises in an apartment building who have made a decision on the formation of a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not made a decision on the method of forming a capital repair fund, in the case provided for in Part 7 of Article 170 of this Code, are obliged conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of capital repairs in the manner established by Article 445 of the Civil Code of the Russian Federation. In this case, the owners of premises in this apartment building, having more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building, act as one party to the concluded agreement.

2. Under the agreement on the formation of a capital repair fund and on the organization of capital repairs, the owner of the premises in an apartment building, on a monthly basis and in full, undertakes to make contributions for major repairs to the account of the regional operator, and the regional operator undertakes ensure capital repairs of common property in this apartment building within the time frame determined by the regional capital repair program, financing of such capital repairs and, in cases provided for by this Code, transfer funds in the amount of the capital repair fund to a special account or pay cash to the owners of premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.

3. In the cases provided for in Part 7 of Article 170 of this Code, the regional operator, within ten days after the local government body makes a decision on the formation of a capital repair fund in relation to an apartment building on the account of the regional operator, must send to the owners of the premises in this apartment building and (or) persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of major repairs of common property in this apartment building.

4. If, before the deadline established by the regional capital repair program for capital repairs of common property in an apartment building, separate work on major repairs of common property in this apartment building, provided for by the regional capital repair program, was carried out, payment for these works was carried out without the use of budget funds funds and resources of the regional operator and, in this case, in order to establish the need for major repairs of common property in an apartment building, repeated performance of this work within the period established by the regional capital repair program is not required, funds in an amount equal to the cost of these works, but not more than the amount the maximum cost of these works, determined in accordance with Part 4 of Article 190 of this Code, are counted in the manner established by the law of the constituent entity of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for capital repairs by owners of premises in apartment buildings that form capital repair funds for account, regional operator accounts.

1. The regional operator ensures the overhaul of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital repair program, and financing of the overhaul of common property in an apartment building, including in the event of insufficient capital repair fund funds, at the expense of funds received through payments from owners of premises in other apartment buildings that form capital repair funds in the account, accounts of the regional operator, at the expense of subsidies received from the budget of a constituent entity of the Russian Federation and (or ) local budget.

2. In order to ensure the implementation of major repairs of common property in an apartment building, the regional operator is obliged to:

1) within the time limits provided for in Part 3 of Article 189 of this Code, prepare and send to the owners of premises in an apartment building proposals on the start date of capital repairs, the required list and the scope of services and (or) work, their cost, the procedure and sources of financing capital repair of common property in an apartment building and other proposals related to such major repairs;

2) ensure the preparation of assignments for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of project documentation for major repairs, approve the project documentation, bear responsibility for its quality and compliance with the requirements of technical regulations, standards and other regulatory documents;

3) attract contractors to provide services and (or) perform major repairs, and conclude relevant agreements with them on its own behalf;

4) control the quality and timing of the provision of services and (or) performance of work by contractors and the compliance of such services and (or) work with the requirements of project documentation;

5) accept the completed work;

6) bear other responsibilities provided for by the agreement on the formation of a capital repair fund and on the organization of capital repairs.

3. To perform work that requires a certificate of admission to work issued by a self-regulatory organization that affects the safety of capital construction projects, the regional operator is obliged to involve an individual entrepreneur or a legal entity that has an appropriate certificate of admission to such work to carry out such work.

4. The law of a constituent entity of the Russian Federation may provide for cases in which the functions of a technical customer for capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account, accounts of a regional operator, can be carried out by local government bodies and (or) municipal budgetary institutions on the basis of a corresponding agreement concluded with the regional operator.

5. The procedure for the regional operator to engage, including in the cases provided for in Part 3 of this article, local government bodies, municipal budgetary institutions, contractors to provide services and (or) carry out work on major repairs of common property in an apartment building is established by the constituent entity of the Russian Federation.

6. The regional operator, before the owners of premises in an apartment building, forming a capital repair fund on the account of the regional operator, is responsible for non-fulfillment or improper fulfillment of obligations under the agreement on the formation of a capital repair fund and on the organization of capital repairs, as well as for the consequences of non-fulfillment or improper fulfillment obligations to carry out major repairs by contractors engaged by the regional operator.

7. Reimbursement to the regional operator of funds spent on major repairs of common property in an apartment building, in an amount exceeding the size of the capital repair fund, is carried out at the expense of subsequent contributions for major repairs by the owners of premises in this apartment building.

1. The regional operator keeps records of funds received into the account of the regional operator in the form of contributions for capital repairs of the owners of premises in apartment buildings, forming capital repair funds in the account of the regional operator (hereinafter referred to as the capital repair fund accounting system). Such accounting is kept separately for the funds of each owner of premises in an apartment building. Such records can be maintained electronically.

2. The accounting system for capital repair funds includes, in particular, information about:

1) the amount of accrued and paid contributions for major repairs by each owner of the premises in an apartment building, arrears in payment thereof, as well as the amount of interest paid;

2) the amount of funds allocated by the regional operator for major repairs of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on major repairs of common property in an apartment building;

3) the amount of debt for services rendered and (or) work performed on major repairs of common property in an apartment building.

3. The regional operator, upon request, provides the information provided for in Part 2 of this article to the owners of premises in an apartment building, as well as the person responsible for managing this apartment building (homeowners’ association, housing cooperative or other specialized consumer cooperative, management organization), and if direct management of an apartment building by the owners of premises in this apartment building to the person specified in Part 3 of Article 164 of this Code.

If an apartment building is recognized as unsafe and subject to demolition or reconstruction, the regional operator is obliged to allocate funds from the capital repair fund for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code based on the decision of the owners of the premises in this apartment building to demolish it or reconstruction in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In case of seizure for state or municipal needs of the land plot on which an apartment building is located, and accordingly the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, the regional operator in in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, is obliged to pay the capital repair fund funds to the owners of premises in this apartment building in proportion to the amount of contributions they paid for capital repairs and the amount of these contributions paid by the previous owners of the corresponding premises in this apartment building. At the same time, the owners of premises in an apartment building retain the right to receive the redemption price for the seized residential premises and other rights provided for in Article 32 of this Code.

1. Requirements for ensuring the financial sustainability of the activities of a regional operator are established by this article and the law of the constituent entity of the Russian Federation.

2. The amount of funds that the regional operator has the right to annually spend on financing the regional capital repair program (the amount of funds provided from capital repair funds formed by the owners of premises in apartment buildings, the common property of which is subject to major repairs in the future period), is determined as share of the volume of contributions for capital repairs received by the regional operator for the previous year. In this case, the size of this share is established by the law of the subject of the Russian Federation.

3. Additional requirements for ensuring the financial sustainability of the activities of a regional operator may be established by the law of a constituent entity of the Russian Federation.

1. Control over the compliance of the activities of a regional operator with established requirements is carried out by the authorized executive body of the constituent entity of the Russian Federation in the manner established by the highest executive body of state power of the constituent entity of the Russian Federation.

2. The federal executive body exercising control and supervision functions in the financial and budgetary sphere, in the manner established by the Government of the Russian Federation:

1) exercises control over the use by the regional operator of funds received as state support, municipal support for capital repairs, as well as funds received from owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;

2) sends recommendations and (or) orders to the regional operator to eliminate identified violations of the requirements of the legislation of the Russian Federation.

3. State financial control bodies of the constituent entities of the Russian Federation and municipal financial control bodies of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial bodies of the constituent entities of the Russian Federation and municipalities exercise financial control over the use by the regional operator of funds from the corresponding budgets in the manner established by budget legislation Russian Federation.

1. The annual accounting (financial) statements of a regional operator are subject to a mandatory audit conducted by an audit organization (auditor) selected by a constituent entity of the Russian Federation on a competitive basis.

2. The decision to conduct an audit and the approval of an agreement with an audit organization (auditor) are carried out in the manner established by the regulatory legal act of the constituent entity of the Russian Federation, as well as the constituent documents of the regional operator. Payment for the services of an audit organization (auditor) is carried out at the expense of the regional operator, with the exception of funds received in the form of payments from owners of premises in apartment buildings that form capital repair funds on the account of the regional operator.

3. The regional operator, no later than five days from the date of submission of the audit report by the audit organization (auditor), is obliged to send a copy of the audit report to the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of socio-economic development subjects of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, and a regulatory authority.

4. The annual report of the regional operator and the audit report are posted on the website on the Internet information and telecommunications network, taking into account the requirements of the legislation of the Russian Federation on state secrets and commercial secrets in the manner and within the time limits established by the regulatory legal act of the constituent entity of the Russian Federation.

1. Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations arising from contracts concluded with such owners in accordance with this Code and the laws of the constituent entities of the Russian Federation adopted in accordance with it, are subject to compensation in accordance with civil legislation.

2. A subject of the Russian Federation bears subsidiary responsibility for the fulfillment by the regional operator of obligations to the owners of premises in apartment buildings specified in Part 1 of this article.

1. Major repairs of common property in an apartment building are carried out on the basis of a decision of the general meeting of owners of premises in an apartment building, except for the cases provided for in Part 6 of this article.

2. The owners of premises in an apartment building at any time have the right to decide to carry out major repairs of common property in an apartment building at the proposal of the person managing the apartment building or providing services and (or) performing work on the maintenance and repair of common property in the apartment building, regional operator or on their own initiative.

3. At least six months (unless another period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which major repairs of common property in an apartment building must be carried out in accordance with the regional capital repair program, the person in charge of the management apartment building or the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, or the regional operator (if the owners of premises in the apartment building form a capital repair fund on the account of the regional operator) submits to such owners proposals on the start date capital repairs, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs.

4. Owners of premises in an apartment building no later than three months from the date of receipt of the proposals specified in Part 3 of this article (unless a longer period is established by a regulatory legal act of a constituent entity of the Russian Federation), are obliged to consider these proposals and make a decision at a general meeting in accordance with part 5 of this article.

5. By the decision of the general meeting of owners of premises in an apartment building to carry out major repairs of common property in this apartment building, the following must be determined or approved:

1) list of major repair works;

2) cost estimate for major repairs;

3) timing of major repairs;

4) sources of financing for capital repairs.

6. If, within the period specified in part 4 of this article, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not decided to carry out major repairs of common property in this apartment building, the local government body makes a decision on carrying out such major repairs in accordance with the regional capital repair program and the proposals of the regional operator.

7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body makes a decision on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of a special account. The owner of a special account is obliged to transfer the funds in the special account to the account of the regional operator within one month from the date of receipt of such a decision from the local government. The decision to overhaul the common property in this apartment building is made in accordance with parts 3 - 6 of this article. If the owner of a special account has not transferred the funds in the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, or a local government body has the right to apply to the court to recover the funds, located in a special account, with their transfer to the account of the regional operator.

1. The regional operator provides financing for the capital repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator.

2. The basis for the transfer by the regional operator of funds under the contract for the provision of services and (or) the performance of work to carry out major repairs of common property in an apartment building is the act of acceptance of the work performed (except for the case specified in Part 3 of this article). Such an acceptance certificate must be agreed upon with the local government body, as well as with the person who is authorized to act on behalf of the owners of premises in an apartment building (if major repairs of common property in an apartment building are carried out on the basis of a decision of the owners of premises in this apartment building).

3. The regional operator may pay as an advance no more than thirty percent of the cost of the corresponding type of work on major repairs of common property in an apartment building, including work on the development of design documentation or certain types of work on major repairs of common property in an apartment building.

4. The amount of the maximum cost of services and (or) work on major repairs of common property in an apartment building, which can be paid by the regional operator from the funds of the capital repair fund, formed on the basis of the minimum amount of contribution for major repairs, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this maximum cost, as well as payment for services and (or) work not specified in Part 1 of Article 166 of this Code and the regulatory legal act of a constituent entity of the Russian Federation adopted in accordance with Part 2 of Article 166 of this Code, is carried out at the expense of the owners of premises in apartment building, paid in the form of a contribution for capital repairs in excess of the minimum contribution for capital repairs.

1. Financing of work on major repairs of common property in apartment buildings can be carried out using financial support measures provided to homeowners’ associations, housing, housing-construction cooperatives or other specialized consumer cooperatives created in accordance with the Housing Code of the Russian Federation, management organizations, regional operators at the expense of federal budget funds, budget funds of a constituent entity of the Russian Federation, local budgets in the manner and on the terms provided for, respectively, by federal laws, laws of constituent entities of the Russian Federation, and municipal legal acts.

2. Measures of state support, municipal support for capital repairs as part of the implementation of regional capital repair programs are provided regardless of the method used by the owners of premises in an apartment building to form a capital repair fund."

Subparagraph 61 of paragraph 2 of Article 26.3 of the Federal Law of October 6, 1999 N 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” (Collected Legislation of the Russian Federation, 1999, N 42, Art. 5005; 2003, N 27, article 2709; 2005, N 1, article 17, 25; 2006, N 1, article 10; N 23, article 2380; N 30, article 3287; N 31, article 3452; N 44, Art. 4537; N 50, Art. 5279; 2007, N 1, Art. 21; N 13, Art. 1464; N 21, Art. 2455; N 30, Art. 3747, 3805, 3808; N 43 , Art. 5084; N 46, Art. 5553; 2008, N 29, Art. 3418; N 30, Art. 3613, 3616; N 48, Art. 5516; N 52, Art. 6236; 2009, N 48, Art. 5711; N 51, Art. 6163; 2010, N 15, Art. 1736; N 31, Art. 4160; N 41, Art. 5190; N 46, Art. 5918; N 47, Art. 6030, 6031; N 49, Art. 6409; N 52, Art. 6984; 2011, N 17, Art. 2310; N 27, Art. 3881; N 29, Art. 4283; N 30, Art. 4572, 4590, 4594; N 48, Art. 6727, 6732; N 49, Art. 7039, 7042; N 50, Art. 7359; 2012, N 10, Art. 1158, 1163; N 18, Art. 2126; N 31, Art. 4326; Rossiyskaya Gazeta, 2012, December 7) add the words “regulating relations in the field of ensuring major repairs of common property in apartment buildings.”

1) subparagraph 30 of paragraph 3 of Article 149 shall be supplemented with the words “implementation of work (services) to perform the functions of a technical customer for major repairs of common property in apartment buildings, performed (provided) by specialized non-profit organizations that carry out activities aimed at ensuring the implementation of major repairs common property in apartment buildings, and created in accordance with the Housing Code of the Russian Federation, as well as local government bodies and (or) municipal budgetary institutions in cases provided for by the Housing Code of the Russian Federation";

2) paragraph 3 of Article 162 shall be stated as follows:

"3. The tax base does not include:

1) funds received by management organizations, homeowners’ associations, housing construction, housing or other specialized consumer cooperatives created to meet the needs of citizens for housing and responsible for maintaining in-house engineering systems, with the use of which utility services are provided, for the formation of a reserve for carrying out current and major repairs of common property in apartment buildings, including the formation of funds for capital repairs of common property in apartment buildings;

2) funds received by specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and are created in accordance with the Housing Code of the Russian Federation, for the formation of funds for the overhaul of common property in apartment buildings.";

3) in subparagraph 14 of paragraph 1 of Article 251:

a) add a new paragraph six with the following content:

"in the form of budget funds allocated for shared financing of capital repairs of common property in apartment buildings in accordance with the Housing Code of the Russian Federation to homeowners' associations, housing, housing-construction cooperatives or other specialized consumer cooperatives created and managing apartment buildings in accordance with Housing Code of the Russian Federation, management organizations, as well as in the direct management of apartment buildings by the owners of premises in such houses - management organizations providing services and (or) performing work on the maintenance and repair of common property in such houses;";

C) paragraph twenty-one is considered paragraph twenty-two and after the words “management organizations” is supplemented with the words “, as well as to the accounts of specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and were created in accordance with Housing Code of the Russian Federation."

Introduce the following changes to the Federal Law of October 6, 2003 N 131-FZ “On the general principles of organizing local self-government in the Russian Federation” (Collected Legislation of the Russian Federation, 2003, N 40, Art. 3822; 2007, N 1, Art. 21) :

1) paragraph 5 of part 1 of Article 14.1 is declared invalid;

2) paragraph 5 of part 1 of Article 16.1 is declared invalid.

In Article 20 of the Federal Law of December 29, 2004 N 189-FZ “On the implementation of the Housing Code of the Russian Federation” (Collection of Legislation of the Russian Federation, 2005, N 1, Art. 15; 2006, N 27, Art. 2881; 2010, No. 6, Article 566) delete the words “until March 1, 2013”.

Recognize as invalid paragraph eight of paragraph 2 and paragraph eight of paragraph 6 of Article 20 of the Federal Law of December 29, 2006 N 258-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with Improving the Separation of Powers” ​​(Collection of Legislation of the Russian Federation, 2007, N 1, art. 21).

This Federal Law comes into force on the date of its official publication.

The president
Russian Federation
V. PUTIN

Moscow Kremlin

The website “Zakonbase” presents the FEDERAL LAW of December 25, 2012 N 271-FZ “ON AMENDING THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNIZING SEPARATE PROVISIONS OF THE LAW NATIVE ACTS OF THE RUSSIAN FEDERATION" in the most recent edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the Zakonbase website you will find the FEDERAL LAW of December 25, 2012 N 271-FZ "ON AMENDING THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNIZING SEPARATE PROVISIONS FOR LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION" in a fresh and complete version, in which contains all changes and amendments. This guarantees the relevance and reliability of the information.

At the same time, download the FEDERAL LAW of December 25, 2012 N 271-FZ “ON AMENDING THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNIZING SEPARATE LEGISLATIVE PROVISIONS KTOV OF THE RUSSIAN FEDERATION" is available completely free of charge, both in full and in separate chapters .

Over time, objects wear out and buildings are no exception. To maintain an apartment building in proper condition, major repairs are periodically carried out. When ordering major repairs of an apartment building, the rights of residents are often violated; to prevent this, you should know the law on major repairs of residential buildings.

According to established rules in the housing sector, major repairs are carried out by the state or residents - this issue interests all citizens. To prevent such questions from arising, on December 25, 2012, the state created Law No. 271 on major repairs.

Housing issues in Russia are regulated by two legislative acts:

  • Federal Law No. 271.

Federal Law 271 does not act as a separate law; it defines amendments to the Housing Code.

According to the Housing Code, major repairs are aimed at:

  • replacement of structural parts unsuitable for use - roof, basement, utility rooms, facade, elevator, staircase and so on;
  • restoration of the fundamental part of a residential building;
  • carrying out repair work of communication systems - power supply, water supply and so on;
  • equipping an apartment building with meters for consumed resources.

Who should pay and how much?

According to the legislative criteria of Federal Law No. 271, homeowners are required to pay mandatory contributions for major repairs of an apartment building (for its common property part). According to the provisions of the law, contributions for major repairs are collected from owners according to a payment document. The payment document is paid monthly, the funds paid are transferred to a specialized fund.

The state bears expenses only in connection with the move of citizens to another apartment building, provided that the former place of residence is unsuitable for habitation.

The minimum amount of payment for major repairs, according to Federal Law 271, is determined by the regulatory act of the constituent entity of Russia. The act complies with the methodological recommendations approved by the government of the Russian Federation. According to the provisions of the law, the amount of payment for major repairs is calculated based on the occupied space in an apartment building.

The calculation is carried out in rubles per square meter. meter multiplied by the area of ​​the apartment. For example, in the region the fee for 1 sq. meter is 5 rubles, the total area of ​​the apartment is 42 square meters. meters. This means that the payment for major repairs will be 5 * 42 = 210 rubles.

Homeowners are required to pay for major repairs within the prescribed period.

Federal Law 271 “On major repairs” for new buildings

Citizens living in newly built apartment buildings are not required to pay contributions for major repairs, provided that the building was put into operation no more than 5 years ago. In Russia, a new building is considered to be a building that is 3-5 years old after being put into operation. The period depends on the region of residence.

Often, management companies first begin collecting funds for major repairs, even if the building is not yet 5 years old. According to the law, this option is possible, but only with the consent of all residents. To obtain consent, employees of the management company must organize a general meeting at which to collect signatures. If a citizen has not given his consent to make early payments for major repairs, but receives payment receipts, he must contact the city administration.

In addition to the fee for major repairs, residents of old and new houses are required to pay a tax. The tax is paid regardless of the year the building was built. According to the law, a certain category of citizens is exempt from paying taxes.

Federal Law 271 for residents of regions

According to the introduced law No. 271, residents of apartment buildings pay different fees for major repairs depending on the region. In large federal cities, residents are required to pay amounts slightly higher than in other regional or district settlements. Cities of federal significance include Moscow and St. Petersburg.

Regions have the right to independently establish the payment procedure and the amount of contribution per 1 sq. m. meter.

In case of late payment of mandatory contributions, the law on capital repairs provides for penalties.

Privileges

According to Federal Law No. 271, there is a list of persons who are fully or partially exempt from paying for major repairs. Homeowners in an apartment building do not pay fees:

  • in disrepair;
  • according to which there is a resolution on the seizure for state needs of the land plot where the apartment building stands.

Should pensioners pay for major repairs of apartment buildings? The law on capital repairs for pensioners and for certain categories of Russian citizens provides benefits for paying contributions. The following are entitled to receive benefits:

  • WWII participants;
  • family members of those killed in the line of duty;
  • citizens affected by radiation;
  • disabled people of 1st and 2nd groups;
  • teachers working in rural areas;
  • pensioners.

Citizens of retirement age pay part of the fee, or are completely exempt from payments. According to the law on major repairs, apartment owners:

  • over 80 years old - completely exempt from payment;
  • over 70 years old - pay half the fee.

The above legislative norms apply throughout Russia.

Download

State Duma staff adopted a bill on major repairs in December 2012. The adopted law contains amendments, changes and additions to the Housing Code and does not apply as a separate law.

You can download Federal Law No. 271 “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts” at.

There was real confusion in the housing sector until December 2012. Many citizens We are used to the fact that major repairs are carried out by the state, while others have long since paid for the modernization of their apartment building from their own funds.

In December 2012, the Government of our country adopted Law No. 271 - Federal Law on Major Repairs - and signed by the President of the country. This regulatory act not only introduced a grain of reason into the Housing Code, which had been confusing up to this point, but also contained some innovations.

This regulatory act was called the Federal Law on Amendments to the Housing Code of the country, as well as some other regulations No. 271 of December 25, 2012. The Federal Law on Payment for Capital Repairs conveys information that citizens are required to pay their own fees for major repairs. Before this, no law had ever regulated this item.

In addition, now the Federal Law on the exemption of fees for major repairs has also acquired list of persons, which to one degree or another are fully or partially exempt from payments. Until the release of Law 271 on capital repairs, the categories of beneficiaries were not clearly defined, and this issue remained under regional rather than federal jurisdiction.

The new regulatory legal act has become a kind of code that contains all the nuances of implementation and preparation for major repairs. It is curious that the Federal Law on the payment of contributions for major repairs, at the official level, allowed the regions to independently set the cost of the contribution for each square meter of real estate.

Reference: Cities of federal significance (Moscow and St. Petersburg) must pay amounts slightly higher than other settlements of regional or district significance.

The reaction of citizens to this regulatory act was ambiguous. Someone was glad that the time of arbitrariness on the part of unscrupulous owners and employees of management organizations would finally end and the repairs would be carried out not only in accordance with the deadlines, but also in accordance with the regulations. Some, on the contrary, were outraged by the legislatively enshrined obligated to pay dues.

Some did not like the inflated prices for tariffs in comparison with other regions, while others were horrified by the fixed sanctions for non-payment(article ). One way or another, Federal Law 271 - the Federal Law on Major Repairs, did not leave anyone indifferent, however, its individual articles deserve close attention.

However, this normative act cannot cover all issues related to overhaul. Thus, issues related to the formation of the fund relate to the law on capital repairs. The nuances of carrying out major repairs and the selection of personnel to carry out the work are not related to the maintenance of these acts. However, for this you can refer to the Federal Law and by placing a tender choose the most profitable supplier of services and materials.

What does the law say?

Federal Law on major repairs of apartment buildings 271

The adoption by the State Duma of this Federal Law became beginning to create a legal framework to implement capital repair mechanisms in all regions of our country.

The main innovation in this act was the assignment of responsibilities for financing these works to the owners of premises in an apartment building.

Thus, Article 170 of this law states that the capital repair fund form contributions from owners, commensurate with the size of the property. Unfortunately, the law does not provide for amendments regarding liability for failure to carry out major repairs for owners and government agencies. But more than half of our country’s housing stock needs work.

It is important that the amendments made to the article have now finally clarified the situation in terms of What specific work is included in the overhaul?. Residents can familiarize themselves with the list and check for themselves how well the repair work has been carried out. What if you don’t pay for major repairs under Law 271? Despite all of the above, responsibility for the maintenance of housing in an apartment building lies with the owners in accordance with the article of the Housing Code.

Overhaul according to Federal Law 185

Federal Law 185 on major repairs of apartment buildings dated July 21, 2007 talks about How exactly is the fund formed? overhaul, how it is opened, and also which structures can be entrusted with this action.

This regulatory act is a kind of manual for homeowners in an apartment building, which will tell you how to act after the delivery of the house when opening a fund for major repairs. It is useful for residents to know not only how this fund is formed, but also how specific checks and reporting on spent funds are carried out (Article 13 of the law).

Article 13. Audit of the Fund

  1. Maintaining accounting records and financial (accounting) statements of the Fund is subject to an annual mandatory audit.
  2. Every year, to conduct a mandatory audit of the accounting and financial (accounting) statements of the Fund, the Supervisory Board of the Fund approves the audit organization selected on a competitive basis and the amount of its remuneration.
  3. The Supervisory Board of the Fund has the right to make decisions on conducting extraordinary audits of the accounting and financial (accounting) statements of the Fund.

In addition, it is important for residents to know that if they are in line to receive major repairs in their home, then they can count on subsidies from the state. There are a number of state and regional programs that help citizens obtain additional funds for modernizing premises. This regulatory act, namely Article 20, describes the nature of subsidies, as well as the method of receiving them.

Major repairs according to 44 Federal Laws


Federal Law No. 44 of April 5, 2013 is considered the main normative act in the field of government contracts and procurement.

It is there that tenders are awarded and suppliers of various materials and services offer their services.

Many government organizations, including administrations and management companies formed by homeowners' associations, resort to this law in order to carry out major repairs in the most profitable manner.

This regulatory act talks about how to become a procurement participant, how to form tenders, select suppliers and what requirements your orders must meet. This law also describes the nuances of various types of procurement (article of the law).

Important! If you are new to procurement, you can First, familiarize yourself with the general provisions, which will reveal to you the meaning of this process.

Have any changes been made?

These regulations are constantly subject to amendments and additions. Thus, Federal Law No. 44 on public procurement is subject to changes annually. To date The edition is valid from June 2, 2016 under number 21. Prepare for the entry into force of reaction 22 of June 2 with changes that have not yet entered into force.

As for Federal Law No. 185, this act has been amended more than 30 times. Today, for 185 Federal Law - major repairs, current edition 32 dated June 2, 2016. 271 of the Federal Law on the major repairs of apartment buildings, as amended, has only two editions, since it is very new and so far suits the State Duma. Valid today second edition dated June 29, 2015.

In order to demand legal overhaul, the residents themselves first need to be familiar with the rules of law and know where their rights and interests begin and end. Only awareness guarantees that your interests are served.

Article 1

Introduce into the Federal Law of July 21, 1997 N 116-FZ “On Industrial Safety of Hazardous Production Facilities” (Collected Legislation of the Russian Federation, 1997, N 30, Art. 3588; 2000, N 33, Art. 3348; 2003, N 2, Art. 167; 2004, N 35, Art. 3607; 2005, N 19, Art. 1752; 2006, N 52, Art. 5498; 2009, N 1, Art. 17, 21; N 52, Art. 6450; 2010 , N 30, Art. 4002; N 31, Art. 4195, 4196; 2011, N 27, Art. 3380; N 30, Art. 4590, 4591, 4596; N 49, Art. 7015; 2012, N 26, Art. 3446; 2013, No. 9, Article 874; No. 27, Article 3478; 2016, No. 27, Article 4216) the following changes:

1) in paragraph one of paragraph 1 of Article 6, the words “training and retraining of workers at hazardous production facilities in non-educational institutions” should be deleted;

2) in article 9:

a) paragraph nine of clause 1 shall be supplemented with the words “in the cases established by this Federal Law”;

b) paragraph seven of clause 2 is declared invalid;

3) add Article 14 1 with the following content:

"Article 14 1. Training and certification of workers in the field of industrial safety

1. Employees, including heads of organizations carrying out professional activities related to the design, construction, operation, reconstruction, major repairs, technical re-equipment, conservation and liquidation of a hazardous production facility, as well as the manufacture, installation, adjustment, maintenance and repair of technical devices workers employed at a hazardous production facility (hereinafter referred to as workers), in order to maintain the level of qualifications and confirm knowledge of industrial safety requirements, are required to receive additional professional education in the field of industrial safety and undergo certification in the field of industrial safety at least once every five years. The categories of such workers are determined by the Government of the Russian Federation.

2. Training of other categories of workers in the field of industrial safety is carried out in accordance with the requirements for such workers established by federal norms and rules in the field of industrial safety. The forms of this training are determined by the organization operating the hazardous production facility.

3. Primary certification of workers in the field of industrial safety is carried out no later than one month:

4. Extraordinary certification of workers in the field of industrial safety is carried out in cases determined by the Government of the Russian Federation.

5. Certification of workers in the field of industrial safety is carried out to the extent of the industrial safety requirements necessary for them to perform their job duties.

When certifying workers in the field of industrial safety, knowledge of industrial safety requirements is checked in accordance with the areas of certification determined by the federal executive body in the field of industrial safety.

6. Certification of workers in the field of industrial safety is carried out by certification commissions formed by federal executive authorities in the field of industrial safety, or by certification commissions formed by organizations operating in the field of industrial safety.

7. The categories of workers undergoing certification in the field of industrial safety in certification commissions formed by federal executive authorities in the field of industrial safety are determined by the Government of the Russian Federation.

8. If an organization operating in the field of industrial safety has not formed a certification commission, certification of workers in the field of industrial safety is carried out by a certification commission formed by the relevant federal executive body in the field of industrial safety.

9. The procedure for certification in the field of industrial safety is established by the Government of the Russian Federation.

10. Workers who have not passed certification in the field of industrial safety are not allowed to work at hazardous production facilities.

Workers who have not passed certification in the field of industrial safety have the right to appeal the decisions of the relevant certification commission in court in accordance with the legislation of the Russian Federation."

Article 2

Introduce into the Federal Law of July 21, 1997 N 117-FZ “On the safety of hydraulic structures” (Collected Legislation of the Russian Federation, 1997, N 30, Art. 3589; 2003, N 2, Art. 167; 2004, N 35, Art. 3607; 2006, N 52, Art. 5498; 2008, N 29, Art. 3418; 2009, N 52, Art. 6450; 2010, N 31, Art. 4195; 2011, N 30, Art. 4590; N 49, Art. 7015; 2013, N9, Art. 874; N 52, Art. 7010; 2016, N 27, Art. 4188) the following changes:

1) Article 4 shall be supplemented with the following paragraph:

“establishes the procedure for conducting certification on the safety of hydraulic structures, categories of workers undergoing such certification, cases of extraordinary certification and categories of workers undergoing certification in certification commissions formed by federal executive authorities.”;

2) part one of Article 9 is supplemented with the following paragraph:

“to ensure certification of workers on the safety of hydraulic structures in cases provided for by this Federal Law.”;

3) add Article 9 1 with the following content:

"Article 9 1. Certification of workers on the safety of hydraulic structures

Employees, including heads of organizations carrying out professional activities related to the design, construction, major repairs, operation, reconstruction, conservation and liquidation, as well as technical maintenance, operational control and routine repair of hydraulic structures (hereinafter referred to as employees), for the purpose of confirmation knowledge of mandatory requirements for ensuring the safety of hydraulic structures are required to undergo certification on the safety of hydraulic structures at least once every five years. The categories of such workers are determined by the Government of the Russian Federation.

Certification of workers on the safety of hydraulic structures is carried out to the extent of the requirements for ensuring the safety of hydraulic structures necessary for the performance of their job duties.

Primary certification of workers on the safety of hydraulic structures is carried out no later than one month:

upon appointment to the relevant position;

upon transfer to another job, if the performance of labor duties at this job requires certification in other areas of certification;

when concluding an employment contract with another employer, if the performance of labor duties at this job requires certification in other areas of certification.

Extraordinary certification of workers on the safety of hydraulic structures is carried out in cases determined by the Government of the Russian Federation.

When certifying workers on the safety of hydraulic structures, knowledge of the mandatory requirements for ensuring the safety of hydraulic structures is checked in accordance with the areas of certification determined by the federal executive bodies authorized by the Government of the Russian Federation.

Certification of workers on the safety of hydraulic structures is carried out by certification commissions formed by federal executive bodies authorized by the Government of the Russian Federation, or certification commissions formed by organizations carrying out activities in design, construction, major repairs, operation, reconstruction, conservation and liquidation, as well as technical maintenance, operational control and routine repair of hydraulic structures.

The categories of workers undergoing certification on the safety of hydraulic structures in certification commissions formed by federal executive authorities are determined by the Government of the Russian Federation.

If the specified organization has not formed a certification commission, certification of workers on the safety of hydraulic structures is carried out by a certification commission formed by the relevant federal executive body.

The procedure for conducting certification on the safety of hydraulic structures is established by the Government of the Russian Federation.

Workers who have not passed certification on the safety of hydraulic structures are not allowed to work on hydraulic structures.

Workers who have not passed certification on the safety of hydraulic structures have the right to appeal the decisions of the relevant certification commission in court in accordance with the legislation of the Russian Federation."

Article 3

Introduce into the Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry” (Collection of Legislation of the Russian Federation, 2003, N 13, Art. 1177; 2004, N35, Art. 3607; 2005, N 1, Art. 37; 2007 , N 45, Art. 5427; 2008, N 29, Art. 3418; N 52, Art. 6236; 2009, N 48, Art. 5711; 2010, N 31, Art. 4156, 4157, 4158, 4160; 2011, N 1, Art. 13; N 23, Art. 3263; N 30, Art. 4590, 4596; N 50, Art. 7336, 7343; 2012, N 26, Art. 3446; N 27, Art. 3587; N 53 , Art. 7616; 2013, N 45, Art. 5797; N 48, Art. 6165; 2014, N 16, Art. 1840; N 30, Art. 4218; N 42, Art. 5615; 2015, N 1, Art. 19; N 29, Art. 4350, 4359; N 45, Art. 6208; 2016, N 1, Art. 70; N 14, Art. 1904; N 18, Art. 2508; N 26, Art. 3865; N 27, Art. 4201; 2017, N 1, Art. 49; N 27, Art. 3926; 2018, N 1, Art. 35; N 27, Art. 3955) the following changes:

1) in article 21:

a) in paragraph 1:

add a new paragraph forty-five as follows:

“establishes the procedure for certification on safety issues in the electric power industry, categories of workers undergoing such certification, cases of extraordinary certification and categories of workers undergoing certification in certification commissions formed by federal executive authorities.”;

b) in paragraph 2:

add a new paragraph forty-seven as follows:

"certification on safety issues in the electric power industry.";

2) paragraph one of paragraph 2 of Article 28 should be supplemented with the words “certification on safety issues in the electric power industry”;

3) add Article 28 1 with the following content:

"Article 28 1. Training and certification of workers on safety issues in the electric power industry

1. Employees (including heads of organizations in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the field of electric power industry is carried out), carrying out professional activities related to the operation of electric power facilities and power receiving installations, professional activities related to implementation of functions for operational dispatch control in the electric power industry (hereinafter referred to as employees), in order to maintain the level of qualifications and confirm knowledge of the safety requirements for electric power facilities and power receiving installations, they are required to undergo certification on safety issues in the electric power industry at least once every five years. The categories of such workers are determined by the Government of the Russian Federation.

2. Training of workers for work at electric power facilities and energy receiving installations is carried out by organizations in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the field of electric power is carried out, in accordance with the requirements established by paragraph 2 of Article 28 of this Federal Law.

3. Primary certification of workers on safety issues in the electric power industry is carried out no later than one month:

upon appointment to the relevant position;

upon transfer to another job, if the performance of labor duties at this job requires certification in other areas of certification;

when concluding an employment contract with another employer, if the performance of labor duties at this job requires certification in other areas of certification.

Extraordinary certification of workers on safety issues in the electric power industry is carried out in cases determined by the Government of the Russian Federation.

4. Certification of workers on safety issues in the electric power industry is carried out in the scope of the requirements for the safety of electric power facilities and power receiving installations during the operation of electric power facilities and power receiving installations necessary for the performance of their job duties.

During certification on safety issues in the electric power industry, knowledge of the safety requirements for electric power facilities and energy receiving installations during the operation of electric power facilities and energy receiving installations is checked in accordance with the areas of certification determined by the federal executive body authorized to carry out federal state energy supervision.

5. Certification of workers on safety issues in the electric power industry is carried out by certification commissions formed by federal executive authorities authorized to carry out federal state energy supervision, or by certification commissions formed by organizations in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the electricity sector.

The categories of workers undergoing certification on safety issues in the electric power industry in certification commissions formed by federal executive authorities authorized to carry out federal state energy supervision are determined by the Government of the Russian Federation. Certification of dispatchers of operational dispatch control entities in the electric power industry on safety issues in the electric power industry is carried out by certification commissions formed by federal executive authorities authorized to carry out federal state energy supervision, in addition to the certification carried out by the certification commission formed by the corresponding operational dispatch control entity in the electric power industry .

If in an organization in respect of which, in accordance with Article 29 1 of this Federal Law, federal state energy supervision in the electric power industry is carried out, a certification commission has not been formed, certification of workers on safety issues in the electric power industry is carried out by a certification commission formed by the relevant federal executive body authorized for the implementation of federal state energy supervision.

6. The procedure for certifying workers on safety issues in the electric power industry is established by the Government of the Russian Federation.

Certification of dispatchers of subjects of operational dispatch control in the electric power industry is carried out in accordance with the uniform certification requirements for persons carrying out professional activities related to operational dispatch control in the electric power industry, which are established by the federal executive body authorized by the Government of the Russian Federation.

7. Employees who have not passed certification on safety issues in the electric power industry are not allowed to work at electric power facilities, power receiving installations, or carry out professional activities related to the implementation of functions of operational dispatch control in the electric power industry.

Workers who have not passed certification on safety issues in the electric power industry have the right to appeal the decisions of the relevant certification commission in court in accordance with the legislation of the Russian Federation."

Article 4

Part 7 of Article 76 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” (Collected Legislation of the Russian Federation, 2012, N 53, Art. 7598; 2016, N 1, Art. 24, 72; N 27 , Article 4223) add paragraph 3 with the following content:

"3) the federal executive body in the field of industrial safety in agreement with the federal executive body authorized to solve problems in the field of protecting the population and territories from emergency situations - in the field of industrial safety of hazardous production facilities."

Article 5

2. Documents on certification in the field of industrial safety, certification on safety issues of hydraulic structures, certification on safety issues in the electric power industry, issued in the prescribed manner before the date of entry into force of this Federal Law, are valid until the end of their validity period.

President of Russian Federation

When carrying out major repairs of a residential building before 2012, many controversial issues arose about what work should be performed and where to get the necessary funds, however, with the adoption of the law on major repairs, clarity was brought to this area.

What is the law?

Federal Law No. 271, adopted in December 2012 and called “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation,” clarified the procedure for carrying out major repairs, delineated the responsibilities of housing management organizations and residents of apartment buildings, as well as many other amendments that made it possible to structure and regulate the housing sector. FZ-271 is not an independent piece of legislation, but only an amendment to the Housing Code and a number of other regulatory documents related to repair work in residential apartment buildings.

This legislation establishes the following work in the field of major repairs:

  • repair of the following engineering systems inside the house:
    • electric;
    • gas;
    • thermal;
    • water supply;
    • drainage
  • repair or replacement of elevators and elevator equipment, as well as restoration of elevator shafts;
  • roof maintenance, repair and reconstruction;
  • renovation of basements, which are common property;
  • repair of the facade and its insulation;
  • foundation restoration;
  • installation of common house metering devices for utilities and regulation of their consumption.

Funds for major repairs are taken from a special fund, which is formed through contributions from residents. The decision to create a special account for collecting funds is made by the management organization at a meeting with the residents of the house.

Contributions to the fund are made monthly by apartment owners using a payment document. The amount of payments for major repairs is established by legislative acts of regional authorities or constituent entities of the Russian Federation. Thus, the minimum payment to the capital repair fund may vary in different cities.

Funds for major repairs are collected from all property owners in a residential building. The exception is residents of new buildings. New buildings are buildings within 3-5 years, depending on the region, from the moment of commissioning. However, there is a common practice among housing managers to collect a special fund for capital repairs before the end of five years. In this case, the management organizes a general meeting of all residents of the house and, with the written consent of all owners, a decision is made on the early formation of a special account and collection of funds. If this decision was made without the consent of the residents, they must contact the city administration with a written complaint.

Federal Law No. 271 provides for the following conditions under which the owners of a residential building are exempt from paying contributions for capital repairs:

  • the building is in disrepair or has been declared unfit for habitation;
  • the land plot on which the residential building is located is subject to seizure for state needs.

Also, the law on the overhaul of apartment buildings establishes categories of citizens who receive benefits in paying bills for house maintenance:

  • WWII veterans;
  • family members of military personnel killed in the line of duty;
  • persons affected by radiation exposure;
  • disabled people of groups 1 and 2;
  • teachers working in rural areas;
  • pensioners.

Pensioners under 80 years of age pay half of the contribution; those over 80 are exempt from paying fees for major repairs.

New amendments

In the course of the latest amendments to the Federal Law on Major Repairs dated June 29, 2015, paragraphs 2 and 3 of Part 4 of Article 170 were declared invalid. Thus, when deciding to open a special account for transferring contributions for major repairs to it at a general meeting of owners, the following must be determined:

  • the amount of the monthly capital contribution, which must be no less than the norm established by the authorities of the constituent entity of the Russian Federation;
  • owner of a special account;
  • the organization in which the special account will be opened, as well as the procedure for carrying out transactions with it and the persons responsible for transfers.

Payment of contributions is carried out according to special payment documents provided by the regional operator along with utilities, unless the legislation of the subject provides for other conditions.

Download the law on capital repairs

For detailed information on the provisions of Federal Law No. 271 of December 25, 2012 “On Amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation” with the latest amendments, you can download the link below.