How to pay for the overhaul of an apartment building. Are tenants obligated to pay contributions for major repairs in new buildings. ✔ If not concluded do you have to pay

Back in 2014, management companies of apartment buildings included a new service in their utility bills. The line “for major repairs” that appeared in the receipts alerted and upset many homeowners. However, in the same year, the first recommendations appeared, which described in detail the ways to help apartment owners not pay for this service on completely legal grounds.

However, in the second part of the Housing Code of the Russian Federation it is written in black and white that the funds that, in which case, will be used for the overhaul of an apartment building, must be stored either in an open account created for this purpose, or in the current account of the management company.

Then how can you not pay for overhaul according to the law? For what reasons do many tenants, apartment owners, refuse to adhere to the rules of the law? Let's take a closer look.

How legitimate is the requirement of the management company to pay funds for overhaul?

This requirement is quite legal and detailed in the Housing Code. At the same time, it can be considered quite objective and useful, since many people have long been aware that the housing stock is, to put it mildly, in a terrible state. And all this can lead to accidents in the next few years. That is, by assuming the obligation to pay a certain amount for overhaul, the homeowner cares primarily about himself, and first of all about his own safety. And is that how it turns out in reality?

According to the law, absolutely all owners of residential premises located in apartment buildings are required to pay for the service. Only low-income citizens who receive benefits and material assistance from the state are considered an exception. In addition to them, veterans of war and labor are completely exempted from paying for overhaul. And only some categories of citizens receive a discount on the service.

For what reasons do apartment owners refuse to pay for the overhaul of the house in which they live?

Consider the most popular reasons why homeowners do not want to pay for a major home renovation:

  • The program aimed at improving the housing stock was adopted not so long ago, and besides, no specific deadlines for repairs have been set, which means that the money will go nowhere. That is why the owners perceive it as another way to make people pay for it is not clear what.
  • Residents must pay for the overhaul of the house, however, at some time attics, porches and basements of the house will be repaired for their money, which will never become their property. In addition, the people are alarmed by the fact that brigades from private firms that carry out commercial activities are hired to carry out repair work.
  • Many owners do not use the property that the management company proposes to bring into proper form. An example of this is the absence of the need to repair the elevator for the inhabitants of the first floor, since they simply do not use it.

What is an overhaul? What do owners have to pay for?

Even if you regularly pay for the overhaul service that is included in your receipt, and are not at all worried about whether you need to contribute funds or not to a special fund, then you may certainly be interested in a list of works performed for your money. This list includes the following:

  1. Restoration of the building and its facade in accordance with modern trends.
  2. Basement renovation.
  3. Roof restoration and roof maintenance.
  4. Reconstruction of the foundation of the house as needed.
  5. Restoration of old elevators or installation of new modern cabins.
  6. Renovation of sewerage systems, water supply, heating and other types of communications.

Based on the above list, it is quite logical that the obligation to pay for major repairs lies with the homeowners. But the question immediately arises, do exactly the same requirements apply to new buildings that were put into operation no more than two years ago? It turns out that according to the Housing Code of the Russian Federation, the residents of such houses also need to regularly pay funds for overhaul with a future perspective. In most cases, it is these arguments that become the main reason that people living in new buildings refuse to pay for services that they do not understand.

How is it legal not to pay for the overhaul of an apartment building?

Having considered all the important issues related to paying for the overhaul of an apartment building, we will dwell in more detail on how to legally not pay for this service. There are several similar ways, but it will not work out completely without spending money. So:

In addition, you can, of course, not pay for the service at all, simply by ignoring the received receipt. But such actions may be followed by sanctions from the management company.

What threatens those who do not pay for the services of capital repairs of multi-apartment buildings?

By law, the owners of residential premises have the right to pay not every line in the receipt. However, in reality this is not easy to do. If you stop paying for the overhaul service, then the management company may apply penalties, namely:

  • Send out additional receipts and notifications about the need to pay the debt.
  • Calculate interest on the amount owed.
  • To resolve the issue through the court, where the owner of the apartment will have to explain in detail the reason for refusing to pay for the overhaul service, providing strong evidence in his favor. If you fail to properly justify the refusal, then the amount of the debt will probably increase by the amount of legal costs.

As a result, I would like to note that each owner of housing located in an apartment building has two options for refusing to pay for major repairs legally. The first is to ignore the receipts for the overhaul, which will be unknown when. And the second is to use legal methods to evade a significant part of payments for the service. Naturally, the second option is preferable, since it does not entail the imposition of sanctions from the management company and will not bring to court.

By purchasing, many owners are confident that for a certain time they will be relieved of payments to the Housing Capital Repair Fund. And the more unexpected for them is the receipt of payment documents from the above-mentioned Fund with the amounts due for payment. Real estate owners have reasonable questions about when they start paying for major repairs in a new building, and whether the actions of the territorial authorities are legal in relation to buildings that are less than 5 years old from the date of commissioning.

Legislative aspect of the issue

The collection of funds to the Capital Repair Fund of common house property is carried out, in accordance with the requirements of the Housing Code of the Russian Federation, from all owners of premises located in a residential apartment building. This applies to both residential and non-residential owners.

The amount of the fee is determined taking into account the area of ​​the dwelling and the value of the territorial coefficient used in the calculation according to the formula: k * n = S, in which k is the cost of repairing 1 sq. meter of premises, installed in the region, and n is the area of ​​housing owned, that is, privatized by the owner.

As a rule, the amount of the minimum contribution in different regions has its own meaning and is calculated individually for each household based on the technical expertise of the building.

Do I need to pay the owners of apartments in new buildings

According to the LCD, the following categories of citizens are exempted from paying contributions for MKD:

  • owners of housing included in the list of dilapidated and subject to demolition;
  • owners of apartments in houses where wear and tear is more than 70% and the implementation of major repairs is considered unprofitable, since it exceeds its standard cost (set at the local level in the form of the maximum repair cost of 1 square meter of housing area);
  • owners whose house, on the basis of a decision of the regional authorities, is alienated in favor of the state or municipality due to the need that has arisen (construction of road or other communications, etc.);
  • citizens living in houses in which major repairs have already been made without attracting funds from the municipal budget or the regional FKR (in other words, at the expense of the owners themselves);
  • residents of municipally owned apartments (that is, tenants living in non-privatized housing);
  • residents of houses where the amount of contributions for capital repairs has reached the minimum allowable value sufficient to carry out the established list of works (in this case, at the general meeting of residents, a decision may be made to suspend payments, which is notified in writing to the territorial operator of the Fund).

As can be seen from the list of persons exempted from making payments to the Capital Repair Fund, there are no owners of new housing in it. Therefore, real estate owners are obliged to make contributions for major repairs in new buildings on a general basis.

Exceptions to general rules

Where did the information about the exemption from payment of contributions for the overhaul of owners of housing in new buildings come from for 5 years from the date of delivery of the house? Some confusion was introduced by amendments to the LCD, adopted in 2016. In accordance with them, a house put into operation after 06/01/2016 is recognized as a new building. Nothing is said about the abolition of mandatory payments for the overhaul of new buildings in this version of the bill.

A period of 5 years is the minimum period for which the developer's warranty covers the elimination of malfunctions and malfunctions in the object handed over to him. During this period, the construction company is obliged to solve all the problems that have arisen during the operation of the house at its own expense. On this basis, the owners of apartments in new buildings believe that the payment for the overhaul of the building is not obligatory for them. However, this is not the case. The guarantee provided by the developer is in no way connected with the payment for the overhaul of the new building.

The system for adding a new building to the queue for major repairs is as follows:

  • After the building is put into operation, the municipality takes it on the balance sheet and registers it with the cadastral authorities.
  • According to the LCD, all residential buildings must be included in the regional overhaul program without fail (regardless of when its deadline comes up). Every year, the regional government introduces new objects to this list, indicating the period of work, determined on the basis of average indicators of depreciation of the housing stock.
  • After a new building is included in the regional program, homeowners are required to pay a monthly fee in the prescribed amount to the FKR of apartment buildings.

According to the JK, this obligation takes effect after 8 months from the date the program enters into force. However, in practice, the issue of accruing payments to the Capital Repair Fund is entirely at the discretion of the regional authorities. In some constituent entities of the Russian Federation, a deferral of payments is provided for owners of apartments in new buildings. Its duration can vary from several months to 5 years, depending on the regulations of a particular region.

What benefits are provided for the payment of contributions for major repairs

According to federal law, some categories of citizens may be fully or partially exempted from paying contributions for overhaul. It is important to remember that the list of persons who are entitled to is formed by the regional government and can be changed by adding additional items or excluding existing ones. Basically, subsidies are provided to citizens who have low-income status or meet certain criteria. Compensation is provided:

  • single pensioners over 80 years of age, who are completely exempt from paying the contribution;
  • single seniors over 70 years of age are entitled to 50% of the established contribution amount;
  • disabled children, their parents, as well as adults with disabilities of groups 1-2, are provided with a payment in the amount of 50% of the accrued amount.

Benefits are provided on the basis of a written application of the owner to the branch of the territorial Capital Repair Fund, and upon presentation of documents proving the right to receive them.

In addition, in cases where homeowners made payments for major repairs over a certain period, and then the house was declared unsafe and was included in the list to be demolished, tenants are entitled to a full refund of the funds paid (if the meeting of owners decided not to redirect these demolition funds).

How the funds transferred to the Capital Repair Fund are spent

The main indignation of the residents of new buildings is caused by the fact that the capital repairs have to be paid at the moment when the house has the status of a new one and is under the guarantee from the developer, that is, it will not need major repairs in the foreseeable future. In this case, it should be taken into account that by directing contributions to the territorial Fund, the owners contribute to the accumulation of the total amount of funds for the overhaul of all apartment buildings in the region. That is, the money goes to the so-called "common pot", from where it will be transferred to the address of households that are first in line for reconstruction.

The amendments made to the LCD in 2016 make it possible to change such a scheme for accumulating and spending funds. According to the innovations, by the decision of homeowners, the formation of savings for major repairs can be carried out targeted, for the needs of a particular building. To do this, the owners of residential premises in the MKD need to perform the following actions:

  • a general meeting of residents to decide on opening an individual personal account, where money will be transferred for the overhaul of the building;
  • determine the amount of monthly contributions (their value should not be less than that established in the region);
  • appoint a representative who, by the decision of the residents, will manage the funds (this may be the Criminal Code, the HOA or the territorial Capital Repair Fund);
  • determine the approximate time for the overhaul of common house premises.

The advantages of this method of accumulating funds for the overhaul of the building are obvious. The main one is that the funds on the account are managed by the owners, who independently decide on the timing and scope of work to repair the housing stock.

In addition, the owners of apartments in the MKD themselves select contractors, carry out quality control and acceptance of the work performed. With this form of payment for overhaul, you can be sure that the funds collected by the residents will be used for their intended purpose. You can withdraw money from the account only for the implementation of a major overhaul, upon presentation of documents confirming the intended use of funds.

Is it possible to not pay for overhaul at all?

Ignoring receipts from the FKR may lead to the recovery of debts for payment of utility bills (which include contributions to the Fund) in court. In this case, the owner will have to pay not only the amount accrued over the past time, but also the penalties that have accrued from the moment the payment was stopped, as well as the legal costs that the plaintiff brought to court.

And what awaits those who will not pay for overhaul?

In accordance with Articles 154, 159-160 of the Housing Code of the Russian Federation, in case of non-payment of contributions for major repairs, liability is provided in the form of penalties, recovery of the resulting debt in court, suspension of benefits and subsidies due to owners.

The material was prepared on the basis of commentsDeputy Minister of Construction and Housing Andrey Chibis, member of the board of the ACON association Nikita Chulochnikov, lawyer of the bar association "Malov and partners" Larisa Maltseva.

Can the owner refuse to pay contributions for overhaul and on what basis?

No, he can not. But there are certain categories of residents who are exempt from paying such contributions: residents of the municipal housing stock and owners of premises in multi-apartment buildings recognized as emergency and subject to demolition, as well as in multi-apartment buildings in respect of which a decision has been made by state authorities or local authorities to withdraw for state or municipal needs of the land plot on which this apartment building is located, and on the withdrawal of each residential unit in this building (for example, for the construction of transport infrastructure facilities).

However, the laws of the constituent entities of the Russian Federation may also provide for benefits for paying contributions for overhaul for older citizens. From January 1, 2016, the Housing Code gives the regions such a right - to exempt single non-working Russians aged 80 and older from paying contributions for major repairs and the right to provide a 50% discount for single non-working citizens who have reached the age of 70. So, for example, this right has already been implemented at the level of Moscow and a number of other subjects of the Russian Federation.

In addition, the LCD establishes that disabled people of groups I and II, disabled children, citizens with disabled children are provided with compensation for the costs of paying a capital repair contribution in the amount of not more than 50% of this contribution.

Are overhaul fees a violation of the Constitution of the Russian Federation?

No, they are not. The provision of Part 1 of Article 169 of the Housing Code of the Russian Federation, which establishes as a general rule the obligation of owners of premises in apartment buildings to pay monthly contributions for the overhaul of common property in these buildings (with the exception of cases established by law), in its constitutional and legal sense, implies a joint and equal the participation of all owners of premises in such buildings - regardless of the date of occurrence of ownership of specific premises, the grounds for its acquisition and form of ownership - in the formation of funds for the overhaul of common property in apartment buildings and, as such, does not contradict the Constitution of the Russian Federation. This was recently pointed out by the Constitutional Court in its decision in connection with the request of the State Duma deputies (decree No. 10-P of 04/12/2016).

The Constitutional Court of the Russian Federation recognized contributions for the overhaul of residential buildings as in line with the country's fundamental law and noted that the right of ownership of residential premises entails the obligation to take care of the common property and the safety of an apartment building.

Contributions for major repairs are not a tax, since the funds collected must be spent exclusively for the intended purpose. This fact, however, does not cancel the obligations of the state to the residents of houses that require major repairs. Funds from regional budgets can be used to repair such buildings.

Shouldn't the state be involved in the overhaul of houses?

Each of us maintains his apartment in order, but the house itself also needs care. The management company is responsible for the current repair of an apartment building - it is obliged to monitor the condition of entrances, basements and other premises that are in common use. But replacing worn-out pipes or an old elevator requires serious investments, so it is necessary to save money for major repairs and this is the task of the owners. Just as the owners of private houses (and there are about a third of them in the country) independently pay for the repair of their houses, setting aside money for capital, especially costly work.

Now in Russia, according to the Ministry of Construction, out of 2.5 billion square meters in apartment buildings, about half are in need of major repairs. At the same time, even a new house will sooner or later have to be repaired. To update the current roof of a standard five-story building, you will have to spend about 1.5 million rubles. Replacing the elevator costs about 2 million. It is irrational to take these funds from the budget. In our country, about 30% of the population lives in private houses (the repair of the roof of which does not even occur to anyone to pay from the budget) - so why should apartment buildings be repaired from their taxes?

Unprotected categories of the population and the older generation receive significant social support - the country spent 32.6 billion rubles for these purposes in 2015 alone. Certain categories of citizens are provided with compensation in the amount of 50% or 100% of the overhaul contribution.

Shouldn't contributions to overhauls be voluntary?

No, overhaul contributions are not voluntary. This is due to the fact that the owners of premises in an apartment building also own common property in the house on the basis of the right of common shared ownership and, accordingly, bear the burden of maintaining such property, including the obligation to repair it. The share of expenses for such maintenance depends on the share in the common property (that is, the larger the area, the greater the amount of payment).

Thus, the payment of contributions for overhaul is the responsibility of the owners. Article 154, part 3 of the Civil Code of the Russian Federation (as amended by Federal Law No. 263-FZ of July 21, 2014) provides that the owners of residential buildings bear the costs of their maintenance and repair.

Based on what law do homeowners in apartment buildings have to pay for major repairs?

On the basis of amendments to the Housing Code of the Russian Federation in 2012, which oblige the homeowner to deposit money into a special account for the repair of his house or transfer it to the regional operator in a common boiler.

By the way, the transfer of money to the "common pot" in the absence of a decision of the general meeting of owners is introduced by default.

Each constituent entity of the Russian Federation adopts its own regulatory act that regulates the procedure for paying for the overhaul of an apartment building based on the requirements provided for by the Housing Code and Federal Law No.

A few days ago, the first "zhirki" came to Nizhny Novgorod with a new line - "contribution (tax) for major repairs." The amounts are rather big - from 250 rubles to 630. Disciplined payers immediately ran to pay all this to the post office and savings banks, where another surprise awaited them - they would have to pay a rather strong commission, from 30 to 50 rubles. But the worst thing is that people are driving themselves into a trap with this first payment! Why? Let's figure it out.

The problem of an unfair program fell into view Union of homeowners of the Nizhny Novgorod region, whose activists decided to teach everyone how not to be deceived. The topic of the next meeting of the Union, which we happened to attend, was how to convey the truth about the overhaul to more Nizhny Novgorod residents.

Natalya Shartanova

- Do not try to pay bills (line in the receipt) for major repairs to the Regional Operator - this will be your voluntary agreement with all the clauses of the contract unknown to you and complete bondage! - says the chairman of the Union, Natalya Shartanova, - You do not own the common property - you do not have a green certificate for the right to own the common property of the house, the municipality (state) transferred to you only an apartment, but did not transfer attics, stairwells, roofs, basements, communications etc. Let the state (municipality) bear the burden of maintaining what it owns! And the first payment on the account before you saw the contract means its conclusion. (Clause 1 of Article 181 of the Housing Code of the Russian Federation).

Moreover, you may not wait for that happy moment when the elevator is changed, the roof or facade is repaired. We can move out of the house before it's his turn in the 30-year program. And in general, who came up with the idea to stretch such a project for three decades? The situation in our country is extremely unstable. Today, building materials cost so much, and tomorrow - 10 times more.

But the misunderstandings don't end there. Who runs to pay "fat" in the first place? That's right, pensioners who are hardened by the system. Moreover, the current authorities add fuel to the fire. For example, in social security they have already threatened grandparents: if you do not pay for overhaul, we will deprive you of EBC (monthly monetary compensation). And, by the way, the EBC does not apply to the overhaul and installation of meters, which are included in the “greases”. And in general, as pensioners note, the rent is increasing every month, and the EBC is getting smaller.

Residents: “The rent is getting bigger, the EBC is getting smaller!”

In general, the implementation of the overhaul program was mired in lies from the very beginning. So until November 8, apartment owners had to decide on the method of accumulating funds for overhaul. To do this, it was necessary to initiate a meeting of owners, collect their signatures, a bunch of papers, make calculations, run around a bunch of authorities ... Not only did the authorities hardly inform the townspeople about this, but they also concealed the main thing. It turns out that it was the district administrations that had to do all this work!

Olga Shishkina

- A month before November 8, the local government was obliged to organize meetings of residents of all apartment buildings. But the administration pretended that this was not prescribed by law. In fact, we are not obliged to run around the floors, grab grannies by the hand, demand to sign papers, but the authorities had to do it!- clarifies the situation a member of the initiative group of the microdistrict. hero Usilov Olga Shishkina, who studies the issue of overhaul in detail.

But even if you and your neighbors unknowingly fell into a “common pot”, there is a way out. After all, you have simply been deprived of the right to choose.

“We are talking about a violation of the procedure, which means we can go to court,” Olga Shishkina continues, “How it all happened in March: you received a payment with a new column and two barcodes, you were sent to the turnover of the “zhirovka” for clarification and from there to the website. And already on this site you can see the contract. The very day you received the receipt is the date your rights were violated. You take a receipt and go to court with it, and explain this way: “I don’t have the Internet, I don’t know how to use it. And I ask you to remove the house from the common boiler, because no one came to us and did not hold meetings.”

And one moment. The overhaul fee is charged based on the number of square meters of the apartment and the number of owners. And the account, for some reason, comes to the name of one person - the responsible tenant. Why does he have to take the rap for everyone? After all, maybe none of these owners live in the apartment. Therefore, this situation must also be explained in court: “My son lives in Murmansk and is not going to return, and my mother is establishing life in the village. Send fats to them at new addresses.” That is, there should be as many payments as there are owners in each apartment. And everyone must pay in proportion to what belongs to him.

To comment on the situation in which the residents of Nizhny apartment buildings were left in the cold, and the municipality did not help them figure it out, we asked Sergey Sinitsin, director of the department of housing and engineering infrastructure of the city administration.

Sergey Sinitsin

- Yes, indeed, the administration should initiate meetings of tenants. But the initiation is different. We either had conversations with the chairmen of apartment buildings (MKD), or posted announcements with a proposal to hold a meeting. But people did not respond to them, - says Sergei Grigorievich.

To be honest, we doubted the reality of such statements. None of the people we interviewed saw such announcements in Nizhny Novgorod.

“I saw photographs in which everything is recorded,” Sinitsin continues to insist, “Perhaps people just read and ripped off these announcements. In addition, we have published 150,000 brochures and held 149 training seminars. In our region, 11 percent of houses have switched to a special account. This is the largest percentage in the Volga Federal District.

However, Mr. Sinitsin also notes that if you or your neighbors have not chosen a special account, there is no tragedy in this. And it is not necessary to go to court, you can sort it out peacefully. Residents of MKD have the opportunity to transfer to an account after a certain period. Now it is two years, but a bill with a term of only one year is being considered. That is, residents will be able to carry out the procedure for choosing a method of accumulating funds for overhaul, and if a special account is selected, the money that has already fallen into the “boiler” will be returned.

In the near future, members of the Union of Homeowners and other interested organizations plan to organize public events, disseminate information on social networks, and answer all questions of people who are not indifferent to the problem of overhaul.

Photo by Irina Elagina

We tell you when debtors should wait for bailiffs and whether it is possible to legally get rid of contributions.

I have not paid for a major overhaul since 2015 as I believe these fees are illegal. Can I be held liable?


Despite the fact that the law on overhaul was signed back in 2012, disputes about whether new payments are obligatory for citizens continued until 2016, when the Constitutional Court of Russia finally came to an end and recognized these contributions as legal.

The obligation to pay for overhaul is provided by the Federal Law of December 25, 2012 N 271-FZ. Residents of the Kirov region began to receive the first payments at the end of January 2015. Since then, the tariff from 6.7 rubles. per square meter rose to 8.3 rubles. By the way, this is one of the highest tariffs in Russia.

The collection rate in the Kirov region is 82%, that is, about 18% of owners do not pay for major repairs. As of November 2017, the debt of citizens to the regional Capital Repair Fund is 600 million rubles.


What is the liability for debts for overhaul?

For non-payment of contributions for overhaul, administrative liability is provided - the same as in the case of non-payment of other utilities. Starting from the 31st day of delay, interest is charged to the owner. In theory, notifications from the regional operator about the need to pay off debts will begin to come to the mailbox. If payments for overhaul are not received from the owner for two months or more, the regional operator may apply to the court. It does not matter when the overhaul will take place in the debtor's house.

As a rule, the debtor is not invited to court, since amounts up to 500 thousand are collected as part of a court order, - commented Andrey Vorobyov, expert of the Public Chamber of the Kirov Region and head of ANO ZhKKH Expert. - Litigation is not expected.

In most cases, the court takes the side of the plaintiff and decides to collect the debt. It can be voluntarily repaid within five days. If this does not happen, an enforcement fee is also collected from the debtor - 7% of the debt amount, but not less than 1,000 rubles for citizens and 10,000 rubles for debtor organizations, the press service of the UFSSP for the Kirov region recalled. As of today, 1,011 enforcement proceedings against debtors for capital repairs in the amount of more than 7 million rubles are under execution in the regional department of the department.

In the apartment of persistent non-payers for utilities, including for major repairs, they can also turn off electricity and water, block the sewer, withhold debt from a salary bank card, seize property, and if the amount of debt exceeds 10 thousand rubles, do not release from countries. However, it is not known to what extent this practice is applied specifically to non-payers of contributions for overhaul.


Are there legal ways to avoid paying for overhaul?

The following categories of citizens do not pay overhaul contributions:

    residents of houses recognized as emergency or subject to demolition;

    living alone, non-working pensioners over 80;

    residents of houses owned by the municipality;

    residents of houses under which the land is withdrawn for state or municipal needs.

Also, citizens with disabilities of groups 1 and 2, single non-working pensioners (or a family of pensioners) over 70 years old, citizens who have children with disabilities in their care have a 50 percent discount on capital repairs. At the same time, in order to qualify for a benefit, debts for other utility bills.

Those who pay for overhaul not to a regional operator (NPO Capital Repair Fund), but deposit money into a special account at home, have the opportunity to suspend payments, Andrey Vorobyov noted. If the house is not older than five years and the account has accumulated an amount of 10% of the marginal cost of repairs, then, by decision of the meeting of owners, contributions can be suspended until the major repairs begin in the house. If the house is from 5 to 10 years old, you need to accumulate 20%, from 10 years old - 30%.


Can I appeal a debt collection order?

This can be done within 10 days. After that, a standard trial begins, in which the plaintiff sues the debtor, and he will have to appear at the meeting and prove his right not to pay contributions. However, in the vast majority of cases, it is impossible to prove this, since on April 12, 2016, the Constitutional Court already recognized as legal the obligation to pay for overhaul.

If the receipt from the regional operator does not indicate the name of the owner who must pay the fee, or is indicated incorrectly, does this exempt from paying the fee?

Doesn't release. The full name of the owner may not be indicated on the receipt due to the fact that the Capital Repair Fund did not receive the personal data of the owner in full. If the Fund collects the debt through the court, it may request an extract from Rosreestr, in which the full name will be indicated. According to this statement, the debt will be collected.


If I bought an apartment from an owner who has accumulated debts for major repairs, will I have to pay them?

Yes, according to Part 3 of Art. 158 of the Housing Code of the Russian Federation, the obligation, including the debt for major repairs, from the previous owner passes to the new owner from the moment the property is registered. Therefore, before buying a secondary home, it is necessary to check the debts. You can ask for the last paid receipt directly from the person from whom you are buying an apartment, make a request to the regional Capital Repair Fund, or contact the management company or HOA that maintains the house if its tenants have opened their own account for capital repairs contributions.