Overhaul is a topic that excites almost all citizens. In any case, those who pay utility bills. After all, such a penalty appeared in payments for an apartment since 2012 in Russia, but it began to act in 2014. Many people wonder whether to pay a receipt for a major overhaul. This question is really very important. It causes a variety of reactions from the population. Someone dutifully runs to pay the next payment, and some line up and protest against this payment. So what is the right thing to do? All about the overhaul and related payments remains to be learned further.
What is overhaul
Did you receive an overhaul receipt? Do I have to pay for it? A moot point. It even causes lawyers certain difficulties. Therefore, you should consider all possible options and everything related to overhaul.
The first step is to figure out what is at stake. What is overhaul? This is a kind of maintaining housing in a normal, habitable condition. It is about the house (porches), and not about the apartments. That is, if you need to repair the elevator, change the railing or patch the roof, major repairs are carried out. Previously, this process was fully funded by the state. But now the population receives receipts for major repairs. Do I have to pay for it?
The appearance of a strange payment
The exact answer is very problematic. After all, before, no one paid for major repairs. But since 2012, a new column has appeared in the utilities services. She aroused the indignation of the residents. Why?
Previously, all housing was state-owned. And therefore, its repair was carried out at the expense of the regional budget. That is, residents could not make any contributions to the overhaul. But over time, privatization came to Russia. More and more housing passed from state ownership to private individuals. And the repair of houses was still paid from the state treasury. Currently, citizens own about 85% of the operating square meters.
In this regard, in 2012, it was decided to introduce a payment for overhaul. This phenomenon caused indignation of the residents. Especially those who do not own a home. Have you seen the column in the receipt of the housing and communal services "Overhaul"? Can I not pay? In order to fully understand what’s what, it’s necessary to turn to modern Russian legislation.
The laws
On December 25, 2012, Federal Law No. 271 On Overhaul was adopted. It obliges all residents of apartment buildings to pay not only utilities, but also the upcoming major repairs of your home.
Also, the Housing Code of the Russian Federation indicates that apartment owners are required to maintain their housing in a suitable condition for living at their own expense. In other words, now each of his wallet must pay for the replacement of the elevator or repair of the leaking roof.
All payments are made to the Capital Repair Fund. That is, from a legislative point of view, homeowners will repair apartment buildings at their own expense. Is a young citizen or an elderly woman obligated to pay for a major overhaul (the owners of residential premises receive a receipt regularly)? Yes, that’s what the law says. All citizens are obliged, along with all other utilities, to pay for this.
Cancellation of Services
But is it necessary to pay? A receipt for a major overhaul is received by all citizens on a monthly basis. However, many are wondering how to refuse this payment. Maybe there are any loopholes in the legislation that will help to avoid additional penalties from residents?
Unfortunately, they are not. No one may legally refuse to overhaul services. This is not prescribed by law. The only thing allowed to citizens (and even illegally) is to ignore incoming bills. No other is given. It has already been said that laws in Russia oblige all residents to pay for the overhaul of apartment buildings at their own expense.
Calculation Rules
An interesting technique for calculating the amount of contributions to the Capital Repair Fund. It serves as the first cause of discontent among the population. The fact is that the size of payments is set at the regional level. That is, for the same square meters, citizens in different cities will make different payments.
The area of the home is also taken into account. And no matter how strange it may sound, the presence of an elevator in the entrance. After all, it must also be kept! It is easy to guess that citizens who have an elevator will pay more. The age of the building also plays an important role. The older the house, the higher the payments.
Do I need to pay receipts for major repairs? Yes, if by law. But citizens often refuse these payments, thereby violating the established rules for housing maintenance. A sense of injustice is the reason that forces us to behave in this way. Indeed, the difference in payments by region is very different. For example, in Moscow, a square meter of housing requires a deposit of 15 rubles, and in St. Petersburg - 2.5 rubles. It turns out that residents of the capital pay almost 6 times more for major repairs.
Service and payment
Should I pay a receipt for a major overhaul? This population has been deciding for a long time on its own. Someone makes these payments, some so far refuse them and act at their own peril and risk. But if you do everything according to the law, then every month you must pay a certain amount to the Overhaul Fund.
Some refuse this penalty and try to find a legitimate justification. Homeowners are starting to study consumer rights laws and the Civil Code. Initially, you must demonstrate the goods, you are convinced of its performance, and then, if everything else suits you, make a payment. It is logical - if something does not suit you, nobody will oblige you to buy the wrong thing.
In the same way, one can interpret the situation with capital repairs. Theoretically, the Fund of the Kyrgyz Republic offers you certain services. But you definitely cannot evaluate the quality of the work done. It turns out that the population pays in advance. This is not entirely correct. Do you have to pay on a receipt for a major overhaul (Voronezh, Moscow or any other city - it does not matter where you live)? From this point of view, you can not pay bills. But, on the other hand, there are laws requiring everyone to pay monthly fees for the repair of apartment buildings.
New buildings
With the old buildings, everything is clear - they will have to be repaired anyway. Therefore, such payments do not cause particularly strong indignation among people living in old houses. But what about those who recently moved into a new building? Do I have to pay? Overhaul receipts come to each apartment. And no matter how old your house is.
It turns out that citizens who live in new buildings, along with everyone else, are required to make monthly contributions to the Capital Repair Fund. But here again, dissatisfaction on the part of the residents is manifested. Why? The new house does not require major repairs. Many simply may not live to see when the building really needs major repairs. It turns out that money is paid just like that. You most likely will not see the result.
And apartment renovation?
Found a column in the receipt of the housing and communal services "Overhaul"? Can I not pay for this service? It has already been said that neither refusing these penalties, nor evading them legally will fail. Some believe that the overhaul includes the restoration of apartments. Is it so?
No, this is a misconception. The Capital Repair Fund collects funds taking into account the area of a particular apartment, but is engaged in the maintenance of only common house property. This includes:
- roofs;
- foundations;
- facades of houses;
- basements;
- common house meters;
- elevators;
- engineering Communication.
Everything else is repaired either by each citizen independently, or by agreement with neighbors. Such rules are currently in force in Russia. Of course, apartment renovation is the business of every owner. He only at his own expense produces this process.
At one's own risk
Do I need to pay receipts for major repairs (Voronezh, like any other city, sets its tariff)? By law, you are required to make a payment. But as already mentioned, many refuse this. What to expect in this case? And is it so dangerous to refuse monthly contributions to the Capital Repair Fund?
At the moment, in Russia, these payments are equal to utilities. This means that standard debt collection measures will be applied to the population. Of course, they will not turn off any communications to you, but they can invite them to court. If the question of whether to pay a receipt for a major overhaul, you answered negatively for yourself, you can prepare for the following penalties:
- seizure of property in the amount of debt;
- a ban on traveling outside the country;
- seizure of property;
- judicial debate.
Also, for debts a penalty is charged. Therefore, the size of your debt will increase more and more every month. Think about the possible consequences. Have you received a receipt for a major overhaul? Do I have to pay for it? Give an answer to this question yourself, taking into account all the consequences that can be expected by defaulters.
Emergency houses
Do not despair! In fact, not everything is as bad as it seems. Refuse overhaul people can not. But you can avoid paying fees. More precisely, get benefits for this payment. They are available only to a small number of citizens.
According to the Housing Code of the Russian Federation (Article 169), persons who own property in emergency houses, as well as in buildings that are subject to demolition, are exempted from overhaul fees. Please note: if you have already paid to the Overhaul Fund, and after a month the house is declared inoperative or put on record for demolition, the money paid will have to be returned to you in full.
For the state
What else should you pay attention to? If you are interested in whether you need to pay receipts for major repairs, do not rush to despair. In emergency buildings, this payment is not made. And in houses that are subject to demolition, including. But these are not the only special cases where contributions to the Capital Repair Fund can be avoided.
For example, you own an apartment located in a house whose land is transferred to the state or municipality. Not too common, but it does. When the land belonging to a building is given to the state, citizens may not pay for major repairs.
For sale real estate
One little tip: if you plan to sell an apartment, pay off all debts. Major repairs will have to pay first. Indeed, according to the 158th article of the Housing Code, the buyer will receive all of your obligations under these payments (namely, for major repairs; debts for utilities do not transfer to the new owner). A receipt came for a major overhaul. Do I have to pay for it?
Sooner or later, the lack of contributions for major repairs can play a trick on you. Few people agree to buy an apartment with a big debt. Especially for major repairs, which already cause a stormy negative reaction of the population.
To summarize
Should I pay a receipt for a major overhaul? A moot point. Laws in Russia indicate that each owner of a residential or non-residential premises located in a house must make contributions to the Capital Repair Fund every month in the established amounts. But only in practice, many refuse this payment. The law on the introduction of funds for the overhaul of apartment buildings came out not so long ago. And so far, few have been punished for late payments.
Despite the discontent of the population, there are no mass rejections of this penalty. If you do not want to have problems with the law, as well as calmly, if you want to sell your apartment, you are required to make payments for major repairs. So you will definitely not have any problems. Remember that the lack of payment for housing and communal services entails negative consequences!