Maintenance of repair of common property of the house

The Russian Housing Code states that all residents of an apartment building are required to maintain in proper order not only those premises of which they are the owners. They are also responsible for the maintenance of common property. Therefore, each of them is required to sign a management agreement.

The maintenance of what common property in an apartment building is the responsibility of the owners?

According to the terms of the legal norms current in Russia, common property is a shared resource of the owners of apartments located in the property. The main components of this infrastructure can be varied.

What is included in the maintenance of common property? Compound common property is formed:

• state authorities that supervise the maintenance of common property;
• local authorities - for preparation, as well as direct holding of an open competition, at which the selection of the management company takes place (part 4 of article 161 of the Housing Code of the Russian Federation);
• residents - they also bear obligations for the maintenance of common property.

Article 36 of the Russian Housing Code talks about what specific property is recognized common house:

1. premises that do not belong to apartment owners; they are aimed at satisfying the social and everyday needs of apartment owners, as well as apartment residents. Among them are premises for children's creativity, leisure activities, cultural development, sports and physical education and other such events;
2. premises that are part of the house, but do not belong to apartments. They are needed to service more than one room in an apartment building. These types of premises include:

• landings;
• ladder;
• technical floors;
• elevator (and other) shafts;
• basement and attics;
• corridors;

1. a plot of land according to the MKD (these conditions also include a plot of land on which landscaping and landscaping were carried out). In such a situation, the area of ​​the site and its boundaries may be determined by the norms of the Town Planning and Land Codes of the Russian Federation;
2. roofs of apartment buildings, as well as enclosing load-bearing structures, electrical, mechanical, plumbing equipment (it can be located both in the house itself and outside it, but in any case it is used for the needs of apartment buildings);
3. other objects that are intended for use, as well as improvement and maintenance of apartment buildings (these can be heating points and garages, as well as sports and children's playgrounds, parking lots and transformer substations located on a land plot belonging to the house).

In addition, common property includes:

• intra-house heating structure. It consists of:
• heating components;
• risers;
• collective heat energy metering devices;
• shut-off and control valves;
• other equipment;
• in-house power supply system. It consists of:
• input distribution devices;
• entrance cabinets;
• collective electricity metering devices;
• monitoring, protection and control equipment;
• lighting installations for common areas;
• panels and cabinets on floors;
• automatic fire alarm systems;
• internal fire water supply;
• electrical installations of smoke removal systems;
• automatic locking devices for entrance doors;
• various types of elevators (passenger, fire, freight);
• cables;
• electrical equipment on utility networks;
• in-house engineering gas supply systems, as well as hot and cold water supply. They consist of:
• risers;
• branches from them to the first disconnecting device;
• the disconnecting devices themselves;
• the first shut-off and control valves on the branches of the intra-apartment wiring;
• water meters (hot and cold);
• various types of equipment (electrical, plumbing, mechanical, etc.).

The external boundary of various types of networks (heat, electrical, water supply and sewerage, information and telecommunications), which are part of the common property, is the external boundary of the house wall (unless otherwise stated in the legislative norms of the Russian Federation). Information and telecommunication networks include cable TV, wired radio broadcasting, and fiber optics. The boundary along which operational responsibility passes in the case when a house is equipped with a collective metering device for the corresponding utility resource is the place where such a device is connected to the corresponding utility network of the apartment building. The outer boundary of the gas supply networks, which are included in the common property, is the place where the first shut-off device connects to the external gas distribution network.

The main legislative acts defining legal relations in this area are Housing Code, and also - Government Decree No. 491 dated August 13, 2006. In general situations, you need to follow the norms of the Russian Housing Code. For questions regarding the maintenance of the relevant facilities, please refer to the above-mentioned resolution. Common property has many subtleties regarding its maintenance and use.

3 ways to maintain common property

Eat three ways management of common property.

1. The common property is managed by the homeowners association (or housing cooperative). To implement this management method, it is necessary to make a decision on the formation of an HOA. There can be one HOA. In this situation, the formed structure will take care of the level of maintenance of common building facilities. It can be carried out either independently or with the help of third-party companies. An agreement for the maintenance of the common property of the apartment building is signed with them. This management method sometimes results in HOA abuses. They can interact with “suitable” companies with increased rates for the provision of services.
2. Property management is carried out by the owners of the premises in the apartment building themselves. Residents sign service contracts with companies that provide the relevant services. Agreements for sewerage, electricity, and gas supply are also signed with service providers on their own behalf. This method seriously saves residents money. But information about the capabilities of this control method is not widespread.
3. The common property is managed by a management company. In this case, a professional approach to management is implemented. However, residents cannot influence decisions made by the management company regarding common property. In this regard, the company may exceed its rights. You can leave the power of an organization that does not meet the needs of residents with the help of a general building meeting. It either makes a decision to change the management method, or elects another management company.

Selecting a control method is determined by the following factors: the extent to which the residents are disciplined and solvent, how many apartments are located in the building, what kind of relationships have been established with resource supply companies, whether apartment-by-apartment and general-house metering devices have been installed, what management companies operate in the housing and communal services market, etc.

People themselves choose a specific method of managing MKD, based on certain indicators depending on the current situation.

Under direct control In an apartment building, residents encounter different ways of interacting with companies involved in utility and housing services.

1. Agreements for the repair and maintenance of common property are signed with the majority or all owners of premises in the house. In this situation, most or all owners are one party to the document.
2. In the interests of all residents, based on the decision of the meeting, one of the residents may appear in relations with third parties by proxy from the others.
3. Contracts for the supply of utilities (sewage, hot and cold water supply, gas supply, heating, electricity) are signed with each tenant personally.

With direct management, each tenant signs resource supply agreements on his own behalf. He solves on his own all the problems associated with the use of utilities and living in this house. In this situation, the owner of the apartment almost does not depend on how responsible his neighbors are regarding payment. But the issues of managing common property are still poorly developed. This method is suitable for one-story residential buildings where there are few apartments.

If valid homeowners association, it can sign (according to the norms of Russian laws) a management agreement for apartment buildings, as well as agreements on the provision of utility services, on the repair and maintenance of common property, as well as all other papers in the interests of the owners of the premises.

As a result, two schemes are possible according to which contractual relations are built between companies providing services and residents in the event that the house is managed by HOA bodies.

1. Residents transfer the right to sign documents for the supply of housing and communal services to the HOA, and it in turn concludes a management agreement with the management company. The company looks for service providers and signs documents with them on behalf of the HOA.
2. Owners of premises in the house transfer the right to sign contracts for the supply of services to the HOA. This transfer can be recorded in the charter of the HOA, in the management agreement, or in the decision of the general meeting.

If the house is managed management company, there is a professional provision of housing and communal services. A competent calculation of the finances needed for the repair and maintenance of common property, landscaping, etc. is carried out. The management company signs contracts with all supplier companies. It provides a full range of housing and communal services. This method is often used in the management of a large apartment building for the following reason: a large number of participants.

List of activities for the maintenance of common property

The owners of the premises use them in accordance with the norms of the federal legislation of Russia. Changing the size of common property is permitted only with the consent of all owners of this infrastructure. Among other things, it is possible to transfer the ownership of the relevant premises to other persons. However, when implementing such measures, the following criterion must be observed: common property can be used only when this does not violate the interests and rights of companies and individuals.

Land plots where residential properties are located may be transferred to third parties for limited use. Since, before the adoption of laws defining the rules for the use of common house resources, these areas were already occupied by someone, access to them cannot be denied. A new encumbrance on the property begins from the moment of the agreement between the apartment owners and those who want to use the site. Any disagreements regarding this type of relationship are resolved in court.

Rules for maintaining common property(they were approved by Decree of the Government of Russia No. 491 of August 13, 2006) they say that common property must be maintained in accordance with the standards. They are prescribed in various legislative acts, which also contain information on the protection of consumer rights, technical regulation, and sanitary and epidemiological safety of the population. The rules include a list of repairs to common property.

According to the Rules for the maintenance of common property in an apartment building, the condition of common property must ensure:

• indicators of safety and reliability of MKD: the property of legal entities and individuals (as well as municipal, state and other) must be preserved; preservation of the architecture of the apartment building provided for by the design documentation (which was created for construction or reconstruction); absence of threats to health and life;
• readiness of common building consumption metering devices, engineering systems and other common building equipment to provide utility services to residents;
• accessibility to the use of non-residential/residential premises, a plot of land (assigned to the house), common areas;
• ensuring all legitimate interests and rights of apartment owners and other interested parties.

Specific list of events related to the maintenance of common house resources is determined by the properties of the residential property, as well as the climatic conditions in which it is located. Most often it says:

• maintaining the working condition of power supply systems;
• property monitoring carried out by citizens and other responsible persons in order to identify shortcomings in the structure of the relevant objects;
• removal of waste and garbage accumulated as a result of company activities;
• sanitary and hygienic treatment and cleaning of premises, as well as the land plot on which the house is located;
• taking care of plants planted on the land adjacent to the house;
• use of fire protection measures prescribed by Russian laws;
• carrying out routine repairs of facilities, preparing them for use in a specific season;
• implementation of measures to improve the energy efficiency of the home;
• taking care of landscaping elements located on the relevant territory.

This list is only a basic component of services that are required to be provided to residents of apartment buildings in accordance with the article of payment for housing maintenance. The full list of services, as well as its subparagraphs, is contained in Article 154 of the Housing Code of Russia.

The list of services for maintaining common property may be supplemented/changed. This correction takes place at a general meeting of apartment building residents. Representatives of the Criminal Code are also present. In order for the list of services provided to gain legal force, you will need to draw up a protocol. It is signed by the representatives of the management company and the residents, who in this situation are two parties to the legal relationship.

Repair and maintenance of common property not included:

• insulation of balconies;
• ensuring the working condition of doors in apartments owned by residents (internal and external), as well as windows;
• taking care of land plots that are not part of the common property (planting plants on such plots is also not included);
• glass replacement.

Residents decide these issues on their own.

Maintenance and repair of common property

Among the basic measures that are carried out regarding the use of common property is repair. It can be capital or current.

Routine repairs are necessary to prevent deterioration of the house. It provides the functionality of specific objects.

Work related to routine repairs and maintenance of residential premises is regulated by Government Decree No. 491 of August 13, 2006. According to the terms of this document, the management company or HOA, while monitoring the repair and maintenance of housing, are required to carry out the following activities:

1. cleaning of common areas in accordance with sanitary standards;
2. work on lighting of common property;
3. collection of household waste, its removal (on its own or with the involvement of relevant companies);
4. earthworks in areas adjacent to the house (landscaping);
5. maintaining the temperature in the premises as prescribed by standards, as well as the percentage of humidity;
6. ensuring fire safety measures;
7. timely implementation of planned and routine repairs;
8. preparing common property for use;
9. monitoring of common premises to identify violations of standards or conditions that threaten the health, convenience and life of people.

Residents can hold a meeting. There, representatives of the management company will be asked to take responsibility for certain actions. The management company will carry them out as usual, and the residents will pay for it.

If the overwhelming number of residents vote “for” such an idea, it will be possible to draw up an additional agreement with the management company or HOA. This document will contain the specified working conditions, as well as information about payments.

When residents initially accumulated additional demands, announced at a general meeting (where the method of managing the house was chosen and voting took place for a specific management company), such points can be mentioned immediately in the agreement between the company and the apartment owners.

Major renovation of common property involves the reconstruction/replacement of individual components of the residential infrastructure. It is also carried out when the period of use of any objects expires.

According to the conditions of the Russian Housing Code, capital repairs are considered to be those carried out on:

• elevator equipment;
• engineering systems;
• basement;
• roofing;
• foundation;
• facade.

When carrying out a major overhaul, we are talking only about the complete replacement of broken components and systems. If only part of the equipment is mentioned, this is considered to be ongoing repairs.

Let’s say a major overhaul is a complete replacement of the cold water supply system (including internal parts) or the roof. Of course, elevators can be replaced one at a time. This is determined by the high cost of this type of work. Renewal of all elevator equipment that has served its useful life is carried out whenever possible.

Overhaul of the façade involves a number of major events at once:

• painting;
• insulation;
• repair of balcony slabs;
• replacement of entrance windows.

Regional authorities have the right to supplement the list of capital works. This expense item can be associated with the arrangement of a children's playground or the replacement of asphalt pavement in the local area.

Each subject of the Russian Federation autonomously thinks through additional lists of work. Information about the existing list and its contents can be obtained from the local government authority.

Overhaul of common property is possible only if there is a decision of the meeting of residents. At this event, they are working on the method of forming a capital repair fund and the sequence of its types.

Expert opinion

Current repair is a rather controversial definition

V.A. Ghassoul,

Ph.D. econ. Sciences, Honorary Builder of Russia, St. Petersburg

The most difficult task is to clarify the list of works that can be carried out as routine repairs.

The State Construction Committee of Russia, in a letter dated December 12, 2015 No. 44010-OG/04, said: the most general list of procedures for routine repairs is contained in the Rules and Standards for the Technical Operation of Housing Stock. They were approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170. We will briefly call this document Resolution No. 170.

It is not of a legislative nature. This document is used as a recommendation. By studying Resolution No. 170, certain conclusions can be drawn.

1. Work related to current repairs is not specified.

For each engineering system or structural component of a building, there is a requirement to restore operability or eliminate faults.

Let’s say, with regards to the current repair of foundations, we can talk about restoring and strengthening damaged sections, and eliminating local deformations. In relation to the repair of heating and water supply systems, it is said that it is necessary to restore the working condition of individual components of the system.

1. The signs by which one or another work can be classified as current repairs have not been identified.

For this reason, you need to refer to the “Methodological manual for the maintenance and repair of housing stock” approved by the Gosstroy of Russia, MDK 2-04.2004. We will simply call it the Methodological Manual. It talks about one of the key criteria for classifying work as routine repairs: it must be planned.

Current repairs are defined there as follows: these are repairs that are carried out as planned. Its goal is to restore the working condition (serviceability) of a residential building and partially restore its resource. This is done by repairing or replacing its components of a limited range (it is provided for in technical documents).

This definition is fully consistent with practical recommendations for routine repairs and maintenance of common property.

Distribution of expenses for maintaining common property between residents

Under the terms of the laws regulating the housing sector, citizens jointly bear the costs of solving this problem. The cost of an individual resident is calculated based on the share that the citizen owns in the common property.

Part 1 of Article 37 of the Russian Housing Code states that share in common property rights for common property is in direct proportion to the size of the total area of ​​the premises owned by the person. The share in common property is determined by the area of ​​the apartment. The right of ownership in this case is confirmed by documents.

In order to find the share of a particular citizen, it is necessary to divide the area of ​​his real estate by the total area of ​​​​all the MKD real estate, excluding the common one. 100% (or 1) is the total share of property owners in the house, as well as the final number of votes they have (as stated in Part 3 of Article 48 of the Housing Code of Russia).

Let's say there are 8 rooms in a house. Among them, 4 are non-residential, and the remaining 4 are residential (they are not considered common buildings). The area of ​​each room is 50 square meters. m.

The total area of ​​all premises is 400 sq. m. m. To find the share of the owner of a separate room, you need to make the following calculation: divide the area of ​​his home by the total area - 50/400 = 0.125 (12.5% ​​or 125/1000).

The share in common property is the ratio of the area of ​​a citizen’s premises to the total area of ​​\u200b\u200bthe premises of all residents. If the tenant’s share of ownership is being calculated, those areas of premises that are common in the building are not taken into account.

There are no additional coefficients that are based on the area of ​​common areas: attics, corridors, staircases, etc. The calculations do not include: dimensions of engineering systems, area of ​​land, etc. All this only results in the fact that the total the sum of the shares of the owners of the premises ceases to be equal to 1 (100%).

Calculation of the maintenance of common property in 2017

From 01/01/2017, the following expenses will be added to the fee for maintaining residential premises:

• drainage;
• electricity for the maintenance of common property;
• water (both cold and hot).

In order for the new charging algorithm to be implemented in real life, the Government developed Resolution No. 1498 dated December 26, 2016. It is called “On the issues of providing utility services and maintaining common property in apartment buildings.”

This normative act modified:

• Rules for the provision of public services (approved by Government Decree No. 354 dated 05/06/2001);
• Rules for the maintenance of common property in apartment buildings (Government Decree No. 491 dated August 13, 2006);
• Rules for establishing and determining standards for the consumption of utility services (Resolution No. 306 dated May 23, 2006);
• Rules mandatory when a management organization or HOA or residential complex or other specialized PC enters into contracts with resource supply organizations (Resolution No. 124 dated February 14, 2012).

New changes include:

• situations and algorithm in which and according to which payments for utilities for general house needs are calculated;
• new standards for the purchase from resource supply organizations (RSO) of communal resources used by homeowners' associations, management companies, housing cooperatives, housing complexes for the maintenance of common property;
• situations and algorithm in which and according to which utilities associated with the maintenance of common property are added to the payment for the maintenance of residential premises.

From 01/01/2017, water (both hot and cold), wastewater disposal, as well as electricity used for the maintenance of common property are:

• or utilities on one street;
• or communal resources for the maintenance of common property.

Which clause will be in force depends on the method of managing the house. If we are talking about HOAs, management companies, housing cooperatives, housing complexes, these are communal resources for the maintenance of common property. From 01/01/2017, the payment for them, according to general standards, refers to the payment for the maintenance of residential premises.

The option with utilities on one street works when residents:

• did not implement it;
• They chose direct management of the house for themselves.

In all three options, payment for resources for the maintenance of common property is included in the payment for communal services.

Heating in any case is a public service. Regardless of how the house is managed, it is paid for collectively. There is no division: money is paid for consumption in residential/non-residential premises, or the heating was used for the maintenance of common property.

People pay communal bills for the maintenance of common property when they make payments for the maintenance of residential premises. Additional payments at the first stages should not be more than the norms for the consumption of communal services on one-room service (these norms were developed by the constituent entities of the Russian Federation, they are taken as of November 1, 2016).

For the first inclusion to occur, there is no need to organize a general meeting and develop an appropriate decision at it. After the first use, the amount of spending on utility resources must be calculated based on the norms of their consumption. They are required to be approved by the competent authorities of the constituent entity of Russia according to the algorithm determined by regional laws. The deadline for approval is until 06/01/2017. Until this moment, you need to rely on the standards for the consumption of utility services for one-way service, adopted by the constituent entities of Russia as of 11/01/2016.

Standards for the maintenance of common property should be adopted based on the amount of resources required for the minimum list of services and works that are associated with the proper maintenance of common property. The register of such events was approved by Government Decree No. 290 dated April 3, 2013.

If the list of services and works for the maintenance of common property does not meet the minimum and goes beyond its boundaries, residents have the right to make a decision: to include in payments for the maintenance of residential premises the costs of purchasing utility resources that go beyond the norms.

In order to adjust the amount of utility costs intended for the maintenance of common property, residents will need to organize a meeting to make a general decision.

If the standard is developed by a constituent entity of the Russian Federation and its value suits the residents, there are no complaints, utility costs must be taken into account:

• in the amount of the standard relevant on the date when the fee was issued;
• without adjusting the amount of payment for the maintenance of common property;
• in payments for the maintenance of residential premises.

In the end, the share of expenses for maintaining common property will be adjusted.

If the apartment building has an ODPU, the amount of the utility resource that must be paid must be determined according to the ODPU data, subtracting the volume consumed in non-residential premises under direct agreements with the RSO.

If the house is not equipped with a residential building, this volume must be calculated using the formula specified in subparagraph “c” of paragraph 21 of Rules No. 124. This is done on the basis of the consumption standard for the maintenance of common property.

If the contractor does not have to pay for a utility resource in full, he is obliged to pay for the utility resource for the maintenance of common property:

• in the amount of the difference formed between the ODPU data and the entire volume for which consumers must pay, or
• in the amount of the consumption standard if there is no TDPU.

Such options occur, for example, when:

• RSO used the right to unilaterally refuse the agreement with the contractor (clause 30 of Rules No. 124);
• residents decided to leave the previously existing principle of provision and payments for utility services when changing direct management (Part 18 of Article 12 of Law No. 176-FZ).

If the house is managed by an HOA, management company, housing cooperative, residential complex, the consumer pays for utilities used in non-residential/residential premises. There is no accrual for ONE. Utilities for the maintenance of common property must be paid together with the maintenance of the residential premises.

Separately from utilities consumed in residential/non-residential premises, people pay for services on ODN if they:

• did not settle on any management method;
• did not implement the method;
• elected

Expert opinion

Calculation of ODN standards has weaknesses

M.A. Bulkin,

Chairman of the Board of Homeowners Association "ZhSK-65", Kovrov

The standards are approved by the constituent entity of the Russian Federation. At the same time, he relies on Government Decree No. 306 dated May 23, 2005. However, this document does not take into account the nuances of various categories of houses. And there are more and more subtleties.

The main indicator in the calculations is the area of ​​common areas. It turned out to be the most incomprehensible from the point of view of common sense. This parameter is not listed in the documentation of the vast majority of houses. You can spend a lot of money on an inventory of the housing stock, but this does not guarantee that it will become clear why the legislator determined the direct connection between the costs of one-person housing. And do loggias and balconies belong to common areas? According to Decree of the Government of Russia dated August 13, 2006 No. 491, loggias and balconies are considered common property. However, according to registration documents, they are the property of the residents. And people use them alone. Recently, situations have become increasingly common when management companies are forced to repair the balconies of individual apartments at the expense of other citizens.

Maintenance of common property and control over its implementation

State control over the maintenance of common property falls within the competence of the executive branch: its federal and subject bodies. They do this within the framework of their competence, relying on the laws of Russia.

Owners of premises, in accordance with the clauses of the agreement or the constituent documentation of the HOA, housing cooperative, residential complex or other specialized consumer cooperative, have the right:

• check the quality, frequency and volume of work and services (including by expert method);
• demand from the responsible structures to eliminate the detected shortcomings;
• verify the timeliness and completeness of such liquidation;
• receive from responsible structures no later than 5 working days from the date of application information on the volume, list, frequency and quality of work performed and/or services provided. This period may be reduced in the agreement.

Owners of premises are held responsible for the proper maintenance of common property under the terms of Russian legislative acts.

Management companies, as well as those who perform work and provide services in the case of direct management of the house, are responsible to residents for violation of their obligations. They are responsible for the improper maintenance of common property.

Management companies are essentially contractors hired by apartment owners. According to the management agreement, they are responsible for ensuring readiness:

• electrical, plumbing, mechanical and other equipment located in the residential premises of the apartment building and intended for the provision of utility services;
• to the provision of utilities for in-house engineering systems included in the common property.

Management organizations that perform work and provide services in the case of direct management of apartment buildings are responsible to apartment owners for violation of their obligations. They are responsible for the proper maintenance of common property under the terms of the laws of Russia and under the contract.

Government Decree No. 491 of August 13, 2006 also approved the Rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property of inadequate quality and/or with interruptions exceeding the established duration (briefly – Rules for changing the fee size). Clause 3 of these Rules indicates: work and services are of inadequate quality if they do not meet the requirements:

• Rules for the provision of public services to citizens;
• Content rules;
• other conditions of Russian laws and clauses of agreements.

The established duration of breaks in the performance of work and provision of services is their maximum duration. It is determined in accordance with the requirements of the Rules. At the same time, the management agreement for apartment buildings may stipulate a shorter duration of breaks. However, this should not become a reason for a decrease in the quality of repairs and maintenance of common property.

Responsibility for improper maintenance of common property

The management company and persons who perform work and provide services under the direct management of apartment buildings are responsible to residents for neglecting their responsibilities. They are responsible for the improper maintenance of common property. This is stated in the laws of Russia and in the agreement on the management of MKD. The rules establish state control over the maintenance of common property. It is carried out by the executive power in the person of its federal and subject bodies. This is done within the boundaries of the relevant competence in accordance with the laws of the Russian Federation.

The State Housing Inspectorate is an authorized executive body that is responsible for regional state housing control. Its concern is the detection, suppression and prevention of violations of various requirements. They can be carried out by local authorities, state authorities, individual entrepreneurs, citizens and legal entities. State Housing Inspectorate bodies have the right to carry out inspections.

Inspection based on inspection results:

• draws up protocols on administrative offenses that are associated with neglect of mandatory requirements;
• considers cases of such offenses;
• takes measures to prevent such incidents;
• sends materials related to violations of mandatory requirements to the competent authorities in order to resolve the issue of initiating criminal cases based on crimes;
• issues orders to stop violations of mandatory requirements, to eliminate detected deficiencies, and to organize measures to ensure compliance with mandatory requirements.

If violations are discovered during inspections, those responsible are issued orders to eliminate them. Under the terms of Article 23.55 of the Code of Administrative Offenses of Russia, the bodies of the State Housing Inspectorate consider cases of administrative offenses, which are prescribed in Articles 7.21-7.23. This includes violations in the provision of public utilities to the population, neglect of the rules for the repair and maintenance of residential buildings and/or premises.

Responsibility occurs when:

• establishing low quality of work;
• upon the occurrence of negative consequences of reconstruction, significantly worsening the conditions of use of the residential premises;
• detection of facts of neglect of the requirements of the permitting procedure for reconstruction, quality standards of construction and other services.

The laws of the Russian Federation provide for administrative liability for dishonest maintenance of common property.

Among other things, Article 7.22 of the Code of Administrative Offenses talks about administrative liability in the form of a fine. Officials will have to pay 4–5 thousand rubles, legal entities – 40–50 thousand rubles.

The State Housing Inspectorate has the right to make motions to suspend or cancel the license to operate a management company. This happens if individuals and legal entities, while carrying out their professional activities, seriously violate housing legislation regarding the maintenance, repair and use of housing stock.

One more point: according to the terms of Part 8.2 of Article 162 of the Housing Code, residents, based on a decision of the meeting, can unilaterally refuse to fulfill the management agreement for apartment buildings. This is possible when the management company neglects the terms of this document.

Many people are interested in what they pay for when living in an apartment building and using common living space. What kind of service is this, defined in the receipt for payment for housing and communal services as housing maintenance? What is the explanation for this strange item on the residential bill? After all, in 2019 money is not given to every person just like that, and when we have to part with it, we want to know what we are paying for. What is included in the concept of housing maintenance? Current repairs of residential and non-residential premises of an apartment building? But the amount on the receipt is quite considerable. Is all this really just for renovating the living space? Or maybe this amount is due to the fact that this receipt is so-called double? In order not to pay twice and not to enrich housing and communal services employees at your own expense, you need to clearly understand the nuances and subtleties of housing legislation.

The 2019 laws specifically define the concepts of housing, residential premises, maintenance of a residential building, the procedure for calculating tariffs for housing, and the procedure for determining the provision of services by public utilities. It is impossible to thoroughly know all the intricacies of the provision of services by management companies, including the intricacies of repairs carried out in an apartment building. This is why experienced, highly qualified lawyers are constantly working on our website.

You can contact us at any time and receive advice on any issue you are interested in in the field of residential building maintenance completely free of charge.

You just need to describe the problematic situation with housing in the feedback window.

The service we are discussing involves pricing for all work performed (including repairs). Do not fall for the lawlessness of the management company. You should know that all tariffs can be approved only with the consent of the owners obtained at a general meeting. You have every right to check the cost of the services provided, as well as check the list of services indicated in the receipt for each month of 2019 for compliance with the actual work performed.

It is a fairly common situation when the average user of housing benefits pays extra money for actions that were not performed in relation to his apartment building. Or they were only partially produced. And the prices are unknown where they came from. After all, there was never a general gathering of interested residents. In such a situation, gather everyone who shares meters of multi-apartment housing with you and force housing and communal services employees to come to your meeting. They will not be able to refuse, otherwise they will be violating Russian laws.

At this gathering, feel free to express all your painful concerns and demand justice. For greater persuasiveness, you can threaten more competent authorities. Everything that, according to the law, can be included in the list of works that interests us is included in the paper for settlement with housing and communal services in one line called the maintenance of a residential building.

If you suddenly unexpectedly see a terrible entry in a separate line such as garbage removal or sewer pumping, you should know that you are being cruelly deceived; all this should be included in the maintenance of a residential building. In such cases, complain to us through the feedback form, and our lawyers will tell you how to punish malicious violators of your rights in the residential sector.

General list of works

Let's figure out what the expression “maintenance of a residential building in 2019” actually means. In accordance with the law, this subparagraph of the receipt includes a certain list of measures to maintain a residential apartment building in accordance with the laws. This includes proper compliance of your living space and the adjacent land with SES standards, technical work aimed at servicing common communications, maintaining common property in an apartment building in a condition ready for use in compliance with all safety rules by the residents of the house themselves and with the assistance of housing and communal services employees.

The essence of the expression maintenance of the dwelling indicated in the received invoice in 2019 implies the implementation of the following activities:

• monitoring property in common ownership through regular monitoring, testing and diagnostics of a technical nature, inspections and observations (technical devices, rooms for household purposes, general communication systems, structural elements located within the living area);
• seasonal preparation of an apartment building, ensuring the possibility of operating public property in all weather conditions (entrances, fences and front gardens, technical devices, household rooms, general communication systems). At the same time, they are guided by compliance with the norms and instructions of housing inspection employees, fire regulations, state energy supervision, sanitary and epidemiological stations with compliance with points, regulatory documents on technical support and equipment of a residential building in 2019;
• instant resolution of emergency situations, elimination of incidents that led to malfunction and inability to use the common property of a residential building. Immediate restoration of the life support system and violations of safety rules, repair of structures that threaten the health and life of owners and users of common living space;
• carrying out activities aimed at sanitizing and repairing property belonging to an apartment building on a general basis (adjacent land, attic, caring for trees, bushes, flowers, entrance, non-residential basement).

As you can see, the concept of housing maintenance in 2019 includes a fairly extensive scope of work. It is quite difficult for an ordinary person to understand all the intricacies of this area of ​​housing legislation. After all, some of the above points can be interpreted in two ways. It is much easier to consult with experienced specialists. Moreover, you don’t even need to leave your home to do this. You can get an answer to any question on our website. At the same time, you will not lose a minute of your personal time and will not incur any costs in monetary terms.

Responsibilities of housing and communal services during the off-season

At a general meeting of residents, not only global problems about major repairs or the cost of getting rid of various types of waste throughout 2019 should be resolved. It is worth paying a sufficient amount of general attention to maintaining your personal (sharing with your neighbors) housing stock and preparing it for the difficulties and local characteristics of each natural season. For example, autumns are rainy in your region of residence and springs are also damp. This means that repairs of all types must begin and be completed in the summer months of 2019. In winter, housing and communal services employees must carefully deal with precipitation in the form of snow and frozen ice.

Let's look at the list of actions of housing and communal services employees in accordance with seasonal changes in 2019:

• repair work aimed at maintaining water drains and the roof itself in accordance with all operational standards and safety regulations (cleaning the roofing surface and attic space of all types of waste, cleaning drainage pipes and ventilation shafts with holes, ridding the canopies and roof surface of excess snow and so on.);
• carrying out repairs of window units and doors that are not related to the personal housing of users;
• monitoring the façade and correcting any deficiencies that appear;
• providing residents with access to up-to-date information on the necessary topics in 2019, installing information signs (for example, the name of the street on which the house is located and its serial number);
• maintaining railings, fences, and driveway canopies in appropriate condition;
• checking the tightness of drainage drains, roof seams, closing and insulating all existing hatches and windows for various purposes;
• painting of all structures located on the territory related to the house, removal of dry leaves and wood debris, removal of snow, etc.;
• care for all types of plants near the house that need this care;
• repairing playgrounds, checking them for safe use at any time of the year;
• Carrying out washing work in entrances;
• carrying out cleaning work in the area related to the house, which includes monitoring the filling of garbage bins and their cleaning;

• in the winter months, monitoring the removal of snow from citizens, clearing sidewalks and access roads from it, combating ice and ice on the intra-block territory;
• in the summer months, carrying out all necessary lawn care procedures;
• repair and maintenance of technical devices, household rooms, general communication systems, structural elements (this also includes all activities related to the heating systems of the house);
• 24/7 support for apartment residents in case of unforeseen emergencies;
• carrying out technical work to maintain up-to-date systems that are responsible for water supply (hot/cold), sewerage, electricity and heat supply;
• all types of necessary actions in the event of emergencies, etc.

Each service must be specified in detail in a collective agreement with the management company and utilities. It is impossible to rewrite the entire list in one text down to the letter. So if you have any questions or find any unclear points in the above information, contact lawyers through our website and receive comprehensive comments on all your questions for free.

DECREE OF THE GOVERNMENT OF THE RF OF 08/13/2006 N 491. ON APPROVAL OF THE RULES FOR THE MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING AND THE RULES FOR CHANGING THE AMOUNT OF FEE FOR THE MAINTENANCE AND REPAIR OF DIVIDING PREMISES IN THE CASE OF PROVIDING SERVICES AND PERFORMING WORK MANAGEMENT, MAINTENANCE AND REPAIR OF COMMON PROPERTY IN AN APARTMENT BUILDING OF POOR QUALITY AND/OR WITH INTERRUPTIONS EXCEEDING THE ESTABLISHED DURATION

(as amended on 05/06/2011)

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT APPROVAL OF THE RULES
MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING
AND RULES FOR CHANGING THE AMOUNT OF FEE FOR MAINTENANCE AND REPAIRS
RESIDENTIAL PREMISES IN THE CASE OF SERVICES AND PERFORMANCE
WORK ON MANAGEMENT, MAINTENANCE AND REPAIR OF GENERAL
PROPERTY IN AN APARTMENT BUILDING IS IMPROPER
QUALITY AND/OR WITH INTERRUPTIONS EXCEEDING
SET DURATION

In accordance with Articles 39 and 156 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached:
- Rules for maintaining common property in an apartment building;
- Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.
2. To recognize as invalid:
- Decree of the Government of the Russian Federation of February 17, 2004 N 89 “On approval of the Basic Principles of Pricing in the Sphere of Housing and Communal Services” (Collected Legislation of the Russian Federation, 2004, N 8, Art. 671);
- Decree of the Government of the Russian Federation of July 30, 2004 N 392 “On the procedure and conditions for citizens to pay for housing and utilities” (Collected Legislation of the Russian Federation, 2004, N 32, Art. 3339).
3. The Ministry of Regional Development of the Russian Federation shall approve, before October 1, 2006, the regulations on the development, transfer, use and storage of operating instructions for an apartment building and making the necessary changes to it, the form of the said instructions, as well as methodological recommendations for its development and application.
4. The Ministry of Justice of the Russian Federation shall submit, in accordance with the established procedure, to the Government of the Russian Federation a draft resolution of the Government of the Russian Federation, providing for amendments to Resolution of the Government of the Russian Federation of February 18, 1998 N 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with him" concerning the procedure for entering into the Unified State Register of Rights to Real Estate and Transactions with It records of rights to real estate objects that are the common property of the owners of premises in an apartment building.
5. The Ministry of Economic Development and Trade of the Russian Federation shall approve, before October 1, 2006, the procedure for determining the composition of the common property of the owners of premises in an apartment building and the form of the technical accounting document for such property.
6. Establish that the effect of subparagraph "d" of paragraph 24 and paragraph 25 of the Rules for the maintenance of common property in an apartment building, approved by this Resolution, applies to apartment buildings, permission for the commissioning of which was received after July 1, 2007.
7. Establish that:
- the boundaries of separate land plots within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and sanitation, as well as the boundaries of the zones of public easements within residential areas, microdistricts to ensure unhindered servicing of the specified property are established local authorities until July 1, 2007;
- the boundaries of blocks, microdistricts, public lands are determined by red lines in accordance with the urban planning, land and housing legislation of the Russian Federation, and state cadastral registration of land plots on which apartment buildings are located is provided, without charging fees to the owners of premises in an apartment building up to 1 July 2008
8. Establish that explanations on the application of the rules approved by this Resolution are given by the Ministry of Regional Development of the Russian Federation.

Chairman of the Government
Russian Federation
M.FRADKOV

Approved
Government Decree
Russian Federation
dated August 13, 2006 N 491

These Rules regulate relations regarding the maintenance of common property owned by the right of common shared ownership to the owners of premises in an apartment building (hereinafter referred to as common property).

Russian Federation

Decree of the Government of the Russian Federation of August 13, 2006 N 491 "ON APPROVAL OF THE RULES FOR THE MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING AND THE RULES FOR CHANGING THE AMOUNT OF FEE FOR THE MAINTENANCE AND REPAIR OF RESIDENTIAL PREMISES IN THE CASE OF PROVIDING SERVICES AND PERFORMING MANAGEMENT WORKS LAZINESS, MAINTENANCE AND REPAIR OF COMMON PROPERTY IN AN APARTMENT BUILDING OF POOR QUALITY AND/OR WITH INTERRUPTIONS EXCEEDING THE ESTABLISHED DURATION"

In accordance with the articles of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached:

Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.

2. To recognize as invalid:

dated February 17, 2004 N 89 “On approval of the Basic Principles of Pricing in the Sphere of Housing and Communal Services” (Collected Legislation of the Russian Federation, 2004, N 8, Art. 671);

Decree of the Government of the Russian Federation of July 30, 2004 N 392 “On the procedure and conditions for citizens to pay for housing and utilities” (Collected Legislation of the Russian Federation, 2004, N 32, Art. 3339).

3. The Ministry of Regional Development of the Russian Federation shall approve, before October 1, 2006, the regulations on the development, transfer, use and storage of operating instructions for an apartment building and making the necessary changes to it, the form of the said instructions, as well as methodological recommendations for its development and application.

4. The Ministry of Justice of the Russian Federation shall submit, in accordance with the established procedure, to the Government of the Russian Federation a draft resolution of the Government of the Russian Federation, providing for amendments to the Decree of the Government of the Russian Federation of February 18, 1998 N 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with him" concerning the procedure for entering into the Unified State Register of Rights to Real Estate and Transactions with It records of rights to real estate objects that are the common property of the owners of premises in an apartment building.

5. The Ministry of Economic Development and Trade of the Russian Federation shall approve, before October 1, 2006, the procedure for determining the composition of the common property of the owners of premises in an apartment building and the form of the technical accounting document for such property.

6. Establish that the effect of subparagraph "d" of paragraph 24 and paragraph 25 of the Rules for the maintenance of common property in an apartment building, approved by this resolution, applies to apartment buildings, permission for the commissioning of which was received after July 1, 2007.

7. Establish that:

the boundaries of separate land plots within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and sanitation, as well as the boundaries of the zones of public easements within residential areas, microdistricts to ensure unhindered servicing of the specified property are established by the authorities local government until July 1, 2007;

the boundaries of blocks, microdistricts, public lands are determined by red lines in accordance with the urban planning, land and housing legislation of the Russian Federation, and state cadastral registration of land plots on which apartment buildings are located is provided, without charging fees to the owners of premises in an apartment building until July 1 2008

8. Establish that explanations on the application of the rules approved by this resolution are given by the Ministry of Regional Development of the Russian Federation.

Chairman of the Government
Russian Federation
M.FRADKOV

APPROVED
Government Decree
Russian Federation
dated August 13, 2006 N 491

These Rules regulate relations regarding the maintenance of common property owned by the right of common shared ownership to the owners of premises in an apartment building (hereinafter referred to as common property).

1. These Rules establish the grounds and procedure for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building (hereinafter referred to as services, work, common property) of inadequate quality and ( or) with interruptions exceeding the established duration (hereinafter referred to as a change in the amount of the fee).

2. These Rules do not apply to relations arising in connection with the payment of expenses for the maintenance and repair of common property by the owners of premises in an apartment building (hereinafter referred to as the owners of the premises) who are members of a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative .

3. For the purposes of these Rules, services and work are considered provided or performed with inadequate quality if they do not comply with the requirements of the Rules for the maintenance of common property in an apartment building, the Rules for the provision of utility services to citizens, other requirements of the legislation of the Russian Federation and the terms of the contracts specified in paragraph 5 of these Rules .

4. For the purposes of these Rules, the established duration of breaks in the provision of services and performance of work is the maximum duration of breaks in the provision of services and performance of work, determined in accordance with the requirements of the Rules for the maintenance of common property in an apartment building, the Rules for the provision of utility services to citizens, and other requirements of the legislation of the Russian Federation and the terms of the contracts specified in paragraph 5 of these Rules.

5. In an agreement for the management of an apartment building, an agreement on the maintenance and repair of common property, concluded with a homeowners’ association, housing, housing construction cooperative or other specialized consumer cooperative, an agreement with persons providing services and (or) performing maintenance and repair work of common property in the direct management of an apartment building, a shorter duration of breaks in the provision of services and performance of work may be established in comparison with the requirements specified in paragraph 4 of these Rules, if this does not lead to a decrease in the quality of maintenance and repair of the common property.

6. In cases of provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration, the management bodies of the homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative, the management organization, and in the case of direct management of an apartment building, persons those providing services and (or) performing work (hereinafter referred to as the responsible persons) are obliged to reduce the amount of payment for the maintenance and repair of residential premises to the owners of the premises in the manner established by these Rules.

7. Owners of premises have the right to apply to change the amount of payment to the responsible person, and tenants of residential premises occupied under a social tenancy agreement or a rental agreement for residential premises of a state or municipal housing stock (hereinafter referred to as the tenant) - to the landlord. When an apartment building is managed by a management organization, tenants have the right to apply to change the amount of the fee to the relevant management organization.

8. An application to change the amount of the fee can be sent in writing or made orally within 6 months after the relevant violation and is subject to mandatory registration by the person to whom it was sent.

9. A person to whom, in accordance with paragraph 7 of these Rules, a statement is sent in writing or made orally, is obliged, within 2 working days from the date of its receipt, to send, respectively, to the owner of the premises or the tenant a notice of the date of its receipt, registration number and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal.

When applying in person, a copy of the application from the owner of the premises or tenant of the residential premises is marked with the date of its receipt and registration number.

10. In the cases specified in paragraph 6 of these Rules, the amount of payment for the maintenance and repair of residential premises is reduced in proportion to the number of full calendar days of violation from the cost of the relevant service or work as part of the monthly fee for the maintenance and repair of residential premises. The amount of reduction in fees for the maintenance and repair of residential premises is determined by the formula:

	P
delta P =		y	x n		,
	n			d
		m

Delta P - the amount of reduction in fees for the maintenance and repair of residential premises (rubles);

P_y - the cost of the corresponding service or work as part of the monthly fee for the maintenance and repair of residential premises (rubles);

n_m - number of calendar days in a month;

n_d - the number of full calendar days during which services or work of inadequate quality and (or) with interruptions exceeding the established duration were provided and (or) performed.

11. When managing an apartment building by a management organization, the cost of individual services or work (P_y), included in the list of services and work for the maintenance and repair of common property, included in the fee for the maintenance and repair of residential premises, established for tenants by the authorized local government body, is reflected in estimate sent to the management organization managing the apartment building in which the residential premises of the state or municipal housing stock are located, within 10 working days after the amount of payment for the maintenance and repair of the residential premises is established for tenants.

12. To reduce the amount of fees for the maintenance and repair of residential premises established for tenants, the management organization uses information on the cost of individual services or work (P_y) contained in the estimate sent by the authorized local government body in accordance with paragraph 11 of these Rules.

13. When an apartment building is managed by a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative, or when it is directly managed by the owners of the premises, the change in the amount of rent for tenants is carried out by the landlord in accordance with these Rules.

14. It is not allowed to change the amount of payment if the provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration is associated with the elimination of a threat to the life and health of citizens, the prevention of damage to their property or due to force majeure circumstances.

15. The fact of detection of inadequate quality of services and work and (or) exceeding the established duration of interruptions in the provision of services or performance of work is reflected in an act of violation of quality or exceeding the established duration of interruption in the provision of services or performance of work. This act is the basis for reducing the amount of payment for the maintenance and repair of residential premises.

16. An act of violation of quality or exceeding the established duration of a break in the provision of services or performance of work is drawn up in the manner established by the Rules for the provision of public services to citizens for drawing up an act of non-provision or provision of public services of inadequate quality.