home Credit cards Housing code RF 189 in the new edition. Municipal district Butyrsky. Information about changes

Housing code RF 189 in the new edition. Municipal district Butyrsky. Information about changes

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

3. Not less than six months (unless another period is established by the regulatory legal act of the subject 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, a person managing an apartment building or providing services and (or) performing work on the maintenance and repair of common property in an apartment building , or the regional operator (if the owners of premises in an apartment building form a capital repair fund on the account of the regional operator) submits to such owners proposals on the start date for major repairs, the required list and the scope of services and (or) work, their cost, and the procedure and on sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs, in the manner established by the regulatory legal act of the constituent entity of the Russian Federation.

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. In the case of the formation of a capital repair fund on the account of a regional operator, the decision of the general meeting of owners of premises in an apartment building on carrying out major repairs of common property in this apartment building must determine or approve:

2) the maximum permissible cost of services and (or) work on major repairs based on the maximum cost of services and (or) work on major repairs of common property in an apartment building, determined in the manner prescribed by Part 4 of Article 190 of this Code;

3) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services provided and (or) major repair work performed, including signing the relevant acts.

(see text in the previous edition)

5.1. In the case of the formation of a capital repair fund on a special account, the decision of the general meeting of owners of premises in an apartment building on carrying out major repairs of common property in this apartment building must determine or approve:

1) list of services and (or) major repair works;

2) the maximum permissible cost of services and (or) major repairs;

3) timing of major repairs;

4) sources of financing for capital repairs;

5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services provided and (or) major repair work performed, including signing the relevant acts.

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 authority local government makes a decision to carry out such major repairs in accordance with the regional capital repair program, notifying the owners of premises in this apartment building about the decision, including using the system. In the event of an accident or other emergency situations of a natural or man-made nature, decisions on the issues provided for in paragraphs 1 and 2 of part 5 of this article are made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, major repairs apartment building is carried out without its inclusion in the short-term plan for the implementation of the regional capital repair program and only to the extent necessary to eliminate the consequences arising from an accident or other emergency situations of a natural or man-made nature, at the expense of the regional operator, determined by Article 185 of this Code and the law of the subject of the Russian Federation as Money to provide financial stability activities of the regional operator, and is taken into account during the annual updating of the regional capital repair program.

(see text in the previous edition)

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 provision of any type of services and (or) performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body, within one month from the date of receipt of the relevant notification, makes a decision on the formation of a capital fund repairs on the account of the regional operator and sends such a decision to the owner of the 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 on major repairs of common property in this apartment building is made in accordance with parts 3 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. The provisions of this part do not apply if there is outstanding loan and (or) a loan, the repayment of which is carried out using funds received in the corresponding special account.

(see text in the previous edition)

8. Within ten days from the date of signing the acceptance certificate for services provided and (or) work performed on major repairs of common property in an apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the major repairs of common property in the apartment building (including copies of the design, estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acts of acceptance of services provided and (or) work performed) and other documents related to the implementation of major repairs, with the exception of financial documents.

Full text of Art. 189 Housing Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 189 of the RF Housing Code.

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.

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 services and (or) major repair work; (Clause as amended, put into effect on June 30, 2015 by Federal Law of June 29, 2015 N 176-FZ.

2) cost estimate for major repairs;
3) timing of major repairs;
4) sources of financing for capital repairs;
5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services provided and (or) capital repair work performed, including signing the relevant acts. (The clause was additionally included from December 30, 2013 by the Federal Law of December 28 2013 N 417-FZ; as amended, put into effect on June 30, 2015 by Federal Law of June 29, 2015 N 176-FZ.

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 provision of any type of services and (or) 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. (Part as amended, entered into force on June 30, 2015 by Federal Law of June 29, 2015 N 176-FZ.

8. Within ten days from the date of signing the acceptance certificate for services provided and (or) work performed on major repairs of common property in an apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the major repairs of common property in the apartment building (including copies of design and estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acceptance certificates for services rendered and (or) work performed) and other documents related to major repairs, with the exception of financial documents .(Part additionally included from June 30, 2015 by Federal Law of June 29, 2015 N 176-FZ)

Consultations and comments from lawyers on Article 189 of the RF Housing Code

If you still have questions regarding Article 189 of the RF Housing Code and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

1) list of services and (or) major repair works;
2) cost estimate for major repairs;
3) timing of major repairs;
4) sources of financing for capital repairs;
5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of services provided and (or) major repair work performed, including signing the relevant acts.

6. If the owners of premises in an apartment building, forming a capital repair fund on the account of the regional operator, have not decided to carry out major repairs of the common property in this apartment building, the local government body within a month from the date of expiration of the period specified in part 4 of this article, decides to carry out such major repairs in accordance with the regional capital repair program and the proposals of the regional operator. In the event of an accident or other emergency situations of a natural or man-made nature, decisions on the issues provided for in paragraphs 1 - 4 of part 5 of this article are made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, major repairs of an apartment building are carried out without its inclusion in the short-term plan for the implementation of the regional capital repair program and only to the extent necessary to eliminate the consequences arising from an accident or other emergency situations of a natural or man-made nature, at the expense of the regional operator, determined by Article 185 of this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial sustainability of the activities of the regional operator, and is taken into account during the annual updating of the regional capital repair program.

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 provision of any type of services and (or) performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body, within one month from the date of receipt of the relevant notification, makes a decision on the formation of a capital fund repairs on the account of the regional operator and sends such a decision to the owner of the 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.

8. Within ten days from the date of signing the acceptance certificate for services provided and (or) work performed on major repairs of common property in an apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the major repairs of common property in the apartment building (including copies of design and estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acceptance certificates for services rendered and (or) work performed) and other documents related to major repairs, with the exception of financial documents .

(as amended by Federal Law dated July 29, 2017 N 257-FZ)

(Part 5 as amended by Federal Law dated July 29, 2017 N 257-FZ)

1) list of services and (or) major repair works;

2) the maximum permissible cost of services and (or) major repairs;

3) timing of major repairs;

4) sources of financing for capital repairs;

(Part 5.1 introduced by Federal Law dated July 29, 2017 N 257-FZ)

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 about carrying out such major repairs in accordance with the regional capital repair program, notifying the owners of premises in this apartment building about the decision made, including using the system. In the event of an accident or other emergency situations of a natural or man-made nature, decisions on the issues provided for in paragraphs 1 and 2 of part 5 of this article are made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, major repairs of an apartment building are carried out without its inclusion in the short-term plan for the implementation of the regional capital repair program and only to the extent necessary to eliminate the consequences arising from an accident or other emergency situations of a natural or man-made nature, at the expense of the regional operator, determined by Article 185 of this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial sustainability of the activities of the regional operator, and is taken into account during the annual updating of the regional capital repair program.

(as amended by Federal Laws dated December 28, 2016 N 498-FZ, dated December 20, 2017 N 399-FZ, dated November 28, 2018 N 434-FZ)

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 provision of any type of services and (or) performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body, within one month from the date of receipt of the relevant notification, makes a decision on the formation of a capital fund repairs on the account of the regional operator and sends such a decision to the owner of the 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 on major repairs of 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. The provisions of this part do not apply if there is an outstanding loan and (or) loan, the repayment of which is carried out from funds received into the corresponding special account.

(as amended by Federal Laws dated June 29, 2015 N 176-FZ, dated December 28, 2016 N 498-FZ, dated July 29, 2017 N 257-FZ)

8. Within ten days from the date of signing the acceptance certificate for services provided and (or) work performed on major repairs of common property in an apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the major repairs of common property in the apartment building (including copies of design and estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acceptance certificates for services rendered and (or) work performed) and other documents related to major repairs, with the exception of financial documents .

Article 189. Decision to carry out major repairs of common property in an apartment building

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, a regional operator or on their own initiative.

Information about changes:

Article 189 was supplemented by part 5.1 from July 30, 2017 - Federal Law of July 29, 2017 N 257-FZ

1) list of services and (or) major repair works;

2) the maximum permissible cost of services and (or) 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 about carrying out such major repairs in accordance with the regional capital repair program, notifying the owners of premises in this apartment building about the decision made, including using the system. In the event of an accident or other emergency situations of a natural or man-made nature, decisions on the issues provided for in paragraphs 1 and 2 of part 5 of this article are made in the manner established by the regulatory legal act of the constituent entity of the Russian Federation. In this case, major repairs of an apartment building are carried out without its inclusion in the short-term plan for the implementation of the regional capital repair program and only to the extent necessary to eliminate the consequences arising from an accident or other emergency situations of a natural or man-made nature, at the expense of the regional operator, determined by Article 185 of this Code and the law of the constituent entity of the Russian Federation as funds to ensure the financial sustainability of the activities of the regional operator, and is taken into account during the annual updating of the regional capital repair program.

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 provision of any type of services and (or) performance of any type of work provided for for this apartment building by the regional capital repair program, the local government body, within one month from the date of receipt of the relevant notification, makes a decision on the formation of a capital fund repairs on the account of the regional operator and sends such a decision to the owner of the 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. The provisions of this part do not apply if there is an outstanding loan and (or) loan, the repayment of which is carried out from funds received into the corresponding special account.

Information about changes:

Federal Law No. 176-FZ of June 29, 2015 supplemented Article 189 of this Code with Part 8

8. Within ten days from the date of signing the acceptance certificate for services provided and (or) work performed on major repairs of common property in an apartment building, the regional operator is obliged to transfer to the person managing this apartment building copies of documents on the major repairs of common property in the apartment building (including copies of design and estimate documentation, contracts for the provision of services and (or) on the performance of major repairs, acceptance certificates for services rendered and (or) work performed) and other documents related to major repairs, with the exception of financial documents .