Law on capital repairs of apartment buildings. Law on capital repairs of apartment buildings Government resolution on capital repairs

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August 30, 2019 An organizing committee has been formed for the preparation and holding of the Second Caspian Economic Forum in Astrakhan in 2021 Order No. 1929-r dated August 30, 2019

August 29, 2019, State program “Development of Culture” for 2013–2020 On budgetary allocations for the reconstruction of cultural objects in the constituent entities of the Federation Order No. 1924-r dated August 29, 2019. The targeted (object-by-object) distribution of subsidies provided in 2019–2021 to the budgets of the republics of Buryatia, North Ossetia-Alania, Khakassia, Tyva, the Udmurt Republic, Trans-Baikal Territory, Astrakhan, Murmansk, Omsk and Pskov regions for co-financing capital investments in the reconstruction of cultural objects has been approved.

August 29, 2019, Railway transport The authorized capital of JSC Russian Railways has been increased Order No. 1872-r dated August 27, 2019, resolution No. 1094 dated August 27, 2019. The authorized capital of JSC Russian Railways was increased by 44.07 billion rubles in order to increase the level of economic connectivity of the territory of Russia and the comprehensive development of the Mezhdurechensk - Taishet section of the Krasnoyarsk railway. Corresponding funds are provided in the federal budget.

August 29, 2019 The Regulations on the Supervisory Board of the State Development Corporation "VEB.RF" were approved Resolution of August 29, 2019 No. 1117

August 29, 2019, Fisheries, aquaculture, fish processing The procedure for holding auctions for the sale of the right to conclude an agreement on the provision of quotas for crab production for investment purposes has been determined Orders of August 28, 2019 No. 1917-r and No. 1918-r, resolutions of August 28, 2019 No. 1112 and No. 1113. Lists of crab species in certain areas of their production (catch) and construction projects have been established, the number and size of auction items, requirements for projects for the construction of fishing vessels, as well as rules for conducting auctions and a sample form, procedure for preparing and concluding an agreement on fixing shares of crab production quotas for investment purposes. This will ensure a transparent competitive environment in the most profitable and investment-intensive production segment for business. In addition, additional federal budget revenues will be provided, and a new, modern crab fishing fleet will be built.

August 28, 2019, Sanitary and epidemiological safety The implementation plan for the Fundamentals of State Policy in the field of ensuring chemical and biological safety has been approved Order of August 28, 2019 No. 1906-r. The plan provides for the improvement of legal regulation in the field of ensuring chemical and biological safety, the development of a state program “Ensuring chemical and biological safety of the Russian Federation”.

August 27, 2019, Space industry The procedure for creating and maintaining a federal fund of data for remote sensing of the Earth from space has been established Resolutions of August 24, 2019 No. 1086, No. 1087, No. 1088. In order to increase the efficiency and expand the possibilities of using data from remote sensing of the Earth from space, a federal fund of data from remote sensing of the Earth from space is being created. The signed resolutions regulate the creation and maintenance of the federal fund, determine the timing of the transfer of data and metadata to the federal fund, their composition and methods of transfer.

August 27, 2019, Environmental safety. Waste management A temporary restriction has been introduced on the import of ozone-depleting substances into Russia in 2019 Resolution of August 24, 2019 No. 1089. The purpose of the introduced restrictions is to ensure the protection of the ozone layer of the atmosphere and the fulfillment of Russia’s obligations under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.

August 23, 2019, State policy in the field of scientific research and development Indicators for the implementation of the Strategy for Scientific and Technological Development have been established, the dynamics of which are subject to monitoring Order of August 15, 2019 No. 1824-r. 11 indicators have been identified that reflect the progress of implementation of the Strategy in the following areas: the influence of science and technology on the socio-economic development of Russia, including due to the transition to the model of great challenges; the state and performance of the field of science, technology and innovation; quality of state regulation and service provision of scientific, scientific, technical and innovative activities.

August 23, 2019, Social innovation. Non-profit organizations. Volunteering and volunteering. Charity Rules for the functioning of a unified information system in the field of volunteer development were approved Resolution of August 17, 2019 No. 1067. The decisions made are aimed at providing information and analytical support for volunteer activities and will allow the formation of a single platform for interaction between institutions of volunteer activity.

August 22, 2019, General issues of the agro-industrial complex A new edition of the list of products has been approved to provide state support to organizations engaged in primary and industrial processing of agricultural products Order No. 1856-r dated August 21, 2019. The decisions taken will help stimulate the production of main types of agricultural products and products of the food and processing industry, and the development of exports of Russian agricultural products, raw materials and food.

August 19, 2019, Business environment. Development of competition Rules for the implementation of the action plan “Transformation of the business climate” were approved Resolution of August 10, 2019 No. 1042, order of August 10, 2019 No. 1795-r. The decisions made will make it possible to create a comprehensive system for the formation, monitoring and control of the implementation of the “Transformation of the Business Climate” action plan, establish the powers of expert groups and increase responsibility for the results of their activities, as well as involve business entities in the process of regulatory improvement of business conditions.

August 15, 2019, Plant growing The long-term strategy for the development of the Russian grain complex until 2035 has been approved Order of August 10, 2019 No. 1796-r. The goal of the Strategy is the formation of a highly efficient, scientifically and innovation-oriented, competitive and investment-attractive balanced system of production, processing, storage and sale of basic grains and leguminous crops, their processed products, guaranteeing food security in Russia, fully meeting the country’s internal needs and creating significant export potential.

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Today, about a third of apartment buildings are in need of major repairs. The procedure for its financing is regulated by a regulatory act that came into force on December 25, 2012. Let us consider further its main provisions.

"About major repairs"

When the specified normative act came into force, financing of measures to eliminate faults in worn-out structural elements of common property is carried out with funds from the owners. Previously, this responsibility was assigned to the housing and communal services reform fund. Currently, its activities are refocused on relocating people from emergency situations and the amount of payment varies depending on the region.

Regulatory obligations

Law 271-FZ “On Major Repairs” (as amended) established that by 2014, local governments must form funds and identify regional operators. It is the responsibility of the latter to carry out proper measures in apartment buildings and provide timely reports online. Despite the fact that everything seems clear in the formulation, in practice quite a lot of questions arise. Most of them are related to the process of collecting and spending funds from owners.

Specifics of the provisions

For what purpose was Law 271-FZ “On Major Repairs” adopted? The changes introduced by this regulatory act into the Housing Code are, in essence, not something new. The fact is that the Civil Code directly establishes the obligation of owners to maintain residential premises at their own expense. “On Major Repairs,” recognizing payment for work in an apartment building as mandatory for premises owners, establishes a clear mechanism for carrying it out as planned.

Relevance of the issue

At the end of 2011, the country had more than 20 million square meters. m and about 80 million sq. m - dilapidated. The share of such structures in the total housing stock is 3%. Approximately the same number of buildings are actually in disrepair, but are not officially recognized as dilapidated. This is due to the lack of funds from local authorities to resettle citizens from such buildings. In this situation, it was quite logical that Law 271-FZ “On Major Repairs” was adopted. The full text of the regulatory act contains a number of provisions establishing guarantees for the population.

Registers

The issue of the intended use of funds collected from owners is resolved by the Law “On Capital Repairs” (Federal Law 271) in two ways. In accordance with the first option, by the end of 2013, regional authorities must form funds and establish a state-owned enterprise - operator. He will carry out repair work using funds collected from the population. Money must be contributed to the fund according to a plan that includes each multi-apartment building. Local authorities will form appropriate lists. Registers must be publicly available so that every citizen can track the progress of the queue. In each subject, a specific amount is established for the owners to contribute to the fund. At the same time, the regional and federal budgets will co-finance it. This option for collecting money is inherently contrary to the Constitution and the Civil Code. According to the regulations, the homeowner bears the burden of maintaining his own property, not someone else's. The Law “On Major Repairs” (Federal Law 271) actually allows the use of funds collected from one house to carry out work in another according to the approved schedule.

Opening a special account

The Law “On Major Repairs” (Federal Law 271) provides for another option for raising funds. In accordance with the regulations, the HOA can open a special account. Owners will pay their contributions to it. Accordingly, a capital repair fund will be formed from them. These funds have a specific purpose. This means that they can be debited from the account solely for repairs. If the HOA arbitrarily decides to raise the fee, the owners have the right to go to court. A positive aspect when using this option is that the overhaul is not tied to the plan drawn up by the local government. Accordingly, the necessary measures can be carried out earlier than planned. In addition, the owners of the premises independently determine the amount of the contribution. The Law “On Major Repairs” (Federal Law 271), however, makes a reservation that its size should not be less than the minimum established by regional regulations. Owners also independently select the contractor for the work. It can be either the management company itself or another organization. The bank transfers funds to the contractor only after the owner of the account provides this document. This document, in turn, must be signed by representatives of the owners of living space, as well as local authorities.

Account owner

As him, according to Art. 175 LCD, can be a homeowners association, which manages an apartment building and is formed by the owners in one or more apartment buildings. Moreover, the total number of apartments in the latter should not exceed 30 if the buildings are located on areas that have a common border, utilities and other infrastructure components intended for general use. If the powers of the management company go beyond the established limits, then an account should be opened with a regional operator or the HOA should be divided into several separate ones.

Important point

If before 2014 the owners were unable to decide on a fundraising option, then they will automatically be included in the regional fund. Contributions are mandatory payments. In case of delay, a penalty of 1/300 of the Central Bank refinancing rate will be imposed. If at the meeting the residents decide to refuse to make contributions, it will be declared illegal. Funds can also be recovered from owners in court.

additional information

Law 271-FZ “On Major Repairs” establishes that the decision to carry out the necessary measures is made by the owners at a meeting. Owners can conduct it at any time on the initiative of the person managing the house or providing services for its maintenance, the regional operator or one of the residents. If it suddenly turns out that there are not enough funds to carry out major repairs, you can take out a loan from the bank under the guarantee of the fund, then switch to it and pay contributions to it until the amount spent is paid. One more point should be noted. An HOA that has transferred contributions to a regional fund has the right to withdraw from it by opening a special account. If the repair has not yet been completed, the money will be transferred to it. If it was carried out, but there were not enough funds, and the regional fund paid extra for the work, the HOA first pays off the debt and then opens an account.

Law 271-FZ "On Major Repairs": beneficiaries

The rules define categories of persons who are exempt from the obligation to make contributions. As a general rule, Law 271-FZ “On Capital Repairs” does not provide benefits for owners. However, they can be established by regional regulations in relation to the poor, disabled, elderly people and a number of other people in need. A complete exemption from the obligation to pay contributions is provided for tenants of municipal housing. In this case, the MO acts as the owner. Accordingly, according to the law, it is the municipality that must ensure timely overhauls.

Mortgage credit lending

Not all citizens have the opportunity to buy an apartment with their own money. Many people today turn to banks for a mortgage. At the same time, an unencumbered certificate of title to the property is not issued for such housing until the debt is fully repaid. Accordingly, the question arises of who should make contributions for major repairs. Judicial practice does not give an unambiguous answer to this question. Some authorities believe that charging fees is illegal, others take the opposite position. According to a number of experts, the second option is quite logical, in which the deduction of contributions is the responsibility of the owners. In this case, in fact, citizens who have a loan use the apartment - the bank only holds it as collateral and does not operate it. The burden of maintaining the living space thus falls on the acquirer. However, this position is not enshrined in law.

Recognition of the house as unsafe and seizure

According to the provisions of the Housing Code, contributions for major repairs are not paid by the owners of apartments in a building subject to demolition. In such a situation, the regional operator directs funds from the fund to carry out relevant activities with the house. Citizens are also exempt from the obligation to pay for major repairs when a regulatory act is adopted on the seizure of the site on which the structure is located for municipal/state needs, for each premises, except for those that belong by right of ownership to a region, municipality or the Russian Federation. In this case, the regional fund must return the funds they contributed to the apartment owners. In addition, citizens can exercise the right to receive the redemption value of repossessed housing.

Conclusion

It should be noted that owners of apartments in new buildings are also required to make contributions towards major repairs. This is due to the fact that over time, all structural elements, including engineering and communication networks, become unusable and require replacement. It is more profitable for owners of apartments in new buildings to create a fund of funds for major repairs in a special account. Contributions may, among other things, accrue interest on the use of the money. Before the adoption of the considered Federal Law, the country did not provide for a clear procedure for implementing the obligation of owners to maintain common property in a residential multi-apartment building. The rules established in the regulatory act allow owners to independently decide when to carry out work and in what volume, as well as to choose their performer. Thus, the state today depends on the owners.

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

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

Housing issues in Russia are regulated by two legislative acts:

• Federal Law No. 271.

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

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

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

Who should pay and how much?

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

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

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

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

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

Federal Law 271 “On major repairs” for new buildings

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

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

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

Federal Law 271 for residents of regions

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

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

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

Privileges

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

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

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

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

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

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

The above legislative norms apply throughout Russia.

Download

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

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

Before the entry into force of the Federal Law of the Russian Federation of December 25, 2012 No. 271-FZ “On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation” (hereinafter referred to as Law No. 271-FZ), major repairs The housing and communal services fund helped to carry out apartment buildings. Now the fund will only sponsor the relocation of citizens from dilapidated and dilapidated housing. After entry into force Federal Law No. 271-FZ Owners of living space in apartment buildings will pay for major repairs. Payments for major repairs are mandatory. The monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.

Let's look at the pros and cons of Federal Law No. 271-FZ and how this will affect the wallets of ordinary citizens. The new law, in fact, did not introduce a new norm into civil law, since the Civil Code of the Russian Federation (Article 210) and the Housing Code of the Russian Federation (clause 1 of Article 158) clearly states:

Responsibility for the maintenance of owned housing lies with its owners. In other words, a person who has purchased, privatized or otherwise acquired ownership of an apartment in an apartment building receives not only the rights, but also the responsibilities for maintaining the housing in proper condition (repairing the roof, facade, foundation, etc.).

Law No. 271-FZ, recognizing the payment for major repairs as mandatory for all owners, is aimed at creating a clear mechanism that will allow major repairs of the entire housing stock to be carried out as planned.

In case of inappropriate use of funds collected for major repairs of apartment buildings, Federal Law No. 271-FZ provides for the following solutions:

1st option: by the end of 2013, the regions of the Russian Federation must create a capital repair fund and establish a state enterprise - a regional operator. The regional operator will carry out major repairs using funds that will go to the fund according to a plan that will include every apartment building in a constituent entity of the Russian Federation. Local government bodies will compile such lists. The registers will be publicly available, and every citizen will be able to monitor the progress of the repair queue. Each region will have its own fee for residents, but the federal and regional budgets will co-finance capital repairs.

This fundraising option actually contradicts the Civil Code of the Russian Federation and the Constitution of the Russian Federation. As noted above, the owner bears the burden of maintaining his own property, but not that of others. As a general rule, officials allow the funds collected from one house to be used for major repairs of another, according to the approved schedule. One can only guess how the queue will be formed, and who will receive assistance first, and whose house will be repaired in 10 years;

2nd option: The HOA has the right to open its own special account to which the owners will transfer contributions for capital repairs in order to form a capital repair fund. In this case, funds from such an account can only be used for major repairs and for nothing else.

If the Management Company arbitrarily increases the amount of the contribution for major repairs, the owners can go to court to protect their interests.

Video: Discussion of the law on payments for major repairs in 2016. Is it possible to “not pay fees for major repairs” from July 2015

Should I pay for major home renovations in 2016?

After Law No. 271-FZ comes into force, owners of living space in apartment buildings will pay for major repairs. Payments for major repairs are mandatory.

The monthly fee in each region is set separately and will vary from 5 to 7 rubles per square meter.
Local governments are required to create a capital repair fund and appoint a regional operator who will repair the housing stock and promptly publish information about the condition of the houses being repaired on the Internet.
At first glance, everything is very clear, moreover, in some regions, even before the adoption of this law, owners paid for major repairs of residential buildings, but around this document there are a lot of speculations and rumors about how this money will be collected and spent.
For example, it was unclear what fate awaited the money contributed by residents: whether they would be put into a separate bank account and only a specific house would be repaired, or whether the authorities would create a “common pot”, funds from which would be spent as needed.

Is there a way not to pay fees for major repairs of apartment buildings?

The law provides three possibilities not to pay.

1. You don't have to pay if the house is considered unsafe.
2. Because According to the new law on major repairs, the decision is made by the residents themselves, but by general decision the process of collecting payment can be stopped after collecting the required amount.
3. Use as contributions funds from the rental of non-residential premises in the house (if it is common property) and the rental of the facades of the house for advertising.

As you can see, all of the above methods are just small exceptions to the rules. True, the issue of exempting residents of new buildings from fees is currently being discussed at the Russian government level.

What happens to those who don't pay?

The contribution for major repairs will appear in the general utility bill. However, Muscovites theoretically have the right to pay the receipt not in full. At the same time, the regional capital repair fund says that they will deal with debtors according to the scheme worked out by other utility organizations - first send them notifications, and then sue them. And the amount collected through the court will contain interest and court costs. Therefore, it is better not to delay payments and pay all fees on time.

Is it possible to apply for a subsidy for the contribution towards major repairs?

Yes, such a possibility is provided. The contribution is considered a payment for housing and communal services. Therefore, if, with its advent, your payment for these services exceeds the standard for the maximum allowable share of citizens’ expenses for housing and communal services, you will have the right to apply for a subsidy.

What happens if residents paid fees for repairs, and then their house is declared unsafe?

This is one of the most difficult issues today. According to the law, from the day the house is recognized as unsafe, residents will be exempt from contributions for major repairs. However, the funds collected into the general pot of the overhaul program cannot be used to resettle the house. Meanwhile, the program for relocating dilapidated houses with funds from the federal budget is currently designed only until 2015.

Recently, a fraud scheme has emerged in which you can lose your home, even if you have in your hands (at home) a certificate of ownership of the apartment. Attackers simply conclude a purchase and sale agreement on your behalf, and receive the certificate as a duplicate.

(as amended on June 29, 2015)
"On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation"

Federal Law of December 25, 2012 N 271-FZ
(as amended on June 29, 2015)

“On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation”

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT MAKING CHANGES

IN THE HOUSING CODE OF THE RUSSIAN FEDERATION AND SEPARATE

LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION AND RECOGNITION

CERTAIN LEGISLATIVE PROVISIONS ARE VOID

ACTS OF THE RUSSIAN FEDERATION

State Duma

Federation Council

List of changing documents

(as amended by Federal Law dated June 29, 2015 N 176-FZ)

Introduce into the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 14; 2006, No. 1, Art. 10; N 52, Art. 5498; 2007, No. 1, Art. 13, 14, 21; N 43, Art. 5084; 2008, N 17, Art. 1756; N 20, Art. 2251; N 30, Art. 3616; 2009, N 23, Art. 2776; N 39, Art. 4542; N 48, Art. 5711; N 51, Art. 6153; 2010, N 19, Art. 2278; N 31, Art. 4206; N 49, Art. 6424; 2011, N 23, Art. 3263; N 30, Art. 4590; N 49, Art. 7027, 7061; N 50, Art. 7337, 7343, 7359; 2012, N 10, Art. 1163; N 14, Art. 1552; N 24, Art. 3072; N 26, Art. 3446; N 27, Article 3587; N 31, Article 4322) the following changes:

1) Article 2 shall be supplemented with clause 6.1 as follows:

“6.1) organize the provision of timely major repairs of common property in apartment buildings at the expense of contributions from the owners of premises in such buildings for major repairs of common property in apartment buildings, budget funds and other sources of financing not prohibited by law;”;

2) in part 1 of article 4:

a) paragraph 11 should be supplemented with the words “including payment of a contribution for major repairs of common property in an apartment building (hereinafter also referred to as the contribution for major repairs)”;

b) add clause 11.1 with the following content:

“11.1) the formation and use of a capital repair fund for common property in an apartment building (hereinafter referred to as the capital repair fund);”;

3) in article 12:

a) add clause 10.1 with the following content:

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

b) add clause 16.4 with the following content:

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

c) add clause 16.5 with the following content:

d) add clause 16.6 with the following content:

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

4) Article 13 shall be supplemented with clause 8.2 as follows:

“8.2) establishing the minimum amount of contribution for major repairs;”;

5) Article 19 is supplemented with part 6 as follows:

"6. Monitoring the use of the housing stock and ensuring its safety is carried out by the federal executive body authorized by the Government of the Russian Federation in the manner established by the Government of the Russian Federation.”;

6) in article 20:

a) part 1, after the words “use and maintenance of common property of owners of premises in apartment buildings,” add the words “formation of capital repair funds,” after the words “provision of utility services to owners and users of premises in apartment buildings and residential buildings,” add the words “, specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings (hereinafter referred to as the regional operator)";

b) part 3, after the words “inspections of legal entities”, be supplemented with the words “(except for regional operators)”, supplemented with the following sentence: “Relations related to the implementation of state housing supervision in relation to the activities of regional operators, the organization and conduct of their inspections, apply provisions of the said Federal Law, taking into account the features provided for in Part 4.3 of this article.”;

c) add part 4.3 with the following content:

"4.3. Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan for conducting scheduled inspections. There is no time limit for inspections. Unscheduled inspections of regional operators are carried out without coordination with the prosecutor’s office and without prior notification of regional operators about the conduct of such inspections.”;

7) add Article 36.1 with the following content:

“Article 36.1. General funds held in a special account

1. The owners of premises in an apartment building have the rights to funds located in a special account intended for transferring funds for major repairs of common property in an apartment building and opened with a credit organization (hereinafter referred to as the special account), and formed from contributions to capital repairs, interest paid in connection with improper fulfillment of the obligation to pay such contributions, and interest accrued by the credit institution for the use of funds in a special account.

2. The share of the owner of a premises in an apartment building in the right to funds located in a special account is proportional to the total amount of contributions for major repairs paid by the owner of such premises and the previous owner of such premises.

3. The right of the owner of a premises in an apartment building to a share of the funds in a special account follows the fate of the ownership of such premises.

4. When transferring ownership of premises in an apartment building, the share of the new owner of such premises in the right to funds located in a special account is equal to the share in the right to these funds of the previous owner of such premises.

5. The owner of premises in an apartment building does not have the right to demand the allocation of his share of funds in a special account.

6. When acquiring ownership of a premises in an apartment building, the acquirer of such premises receives a share in the right to the funds in a special account.

7. The terms of the agreement, according to which the transfer of ownership of premises in an apartment building is not accompanied by the transfer of a share in the right to funds held in a special account, are void.”;

In part 2 of article 44:

a) paragraph 1 should be supplemented with the words “on the use of the capital repair fund”;

b) add clause 1.1 with the following content:

“1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of its excess over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repair fund in terms of its excess over the established minimum size of the capital repair fund ( in the event that the law of a constituent entity of the Russian Federation establishes a minimum size of the capital repair fund), choosing a person authorized to open a special account and carry out transactions with funds located in the special account;”;

c) add clause 1.2 with the following content:

“1.2) making decisions on the receipt by a homeowners’ association or a housing construction cooperative, a housing cooperative or another specialized consumer cooperative, a management organization and, in the direct management of an apartment building, by the owners of premises in this building by a person authorized by a decision of the general meeting of such owners, a loan or loan for capital repairs of common property in an apartment building, on determining the essential terms of a credit agreement or loan agreement, on the receipt by these persons of a guarantee, guarantee for this loan or loan and on the conditions for obtaining the specified guarantee, guarantee, as well as on repayment from the capital repair fund of the loan or a loan used to pay for the costs of major repairs of common property in an apartment building, and the payment of interest for the use of this loan or loan, payment from the capital repair fund of the costs of obtaining the specified guarantees and sureties;”;

9) clause 5 of part 2 of article 153 add the words “taking into account the rule established by part 3 of Article 169 of this Code”;

10) Part 2 of Article 154 should be stated as follows:

"2. Payment for residential premises and utilities for the owner of premises in an apartment building includes:

1) fees for the maintenance and repair of residential premises, including fees for services and work related to the management of an apartment building, maintenance, and routine repairs of common property in an apartment building;

2) contribution for major repairs;

3) payment for utilities.”;

11) in article 155:

a) in part 5 the words “current and capital” are replaced with the words “and current”, supplemented with the words “including paying contributions for capital repairs in accordance with Article 171 of this Code”;

b) part 6 should be supplemented with the words “including paying contributions for major repairs in accordance with Article 171 of this Code”;

c) in part 7, the words “cases provided for in part 7.1 of this article” should be replaced with the words “cases provided for in part 7.1 of this article and article 171 of this Code”;

d) part 14 after the word “(debtors)” should be supplemented with the words “(except for contributions for capital repairs)”;

e) add part 14.1 as follows:

"14.1. Owners of premises in an apartment building who have lately and (or) not fully paid contributions for capital repairs are required to pay interest to the capital repair fund in the amount established in the manner prescribed by Part 14 of this article. Payment of the specified interest is carried out in the manner established for the payment of contributions for major repairs.”;

12) article 156:

a) add part 8.1 with the following content:

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

b) add part 8.2 with the following content:

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

13) in article 158:

a) Part 1 should be supplemented with the words “and contributions for capital repairs”;

b) part 2 should be stated as follows:

"2. Expenses for major repairs of common property in an apartment building are financed from the capital repair fund and other sources not prohibited by law.”;

c) part 3 should be supplemented with the words “including the obligation not fulfilled by the previous owner to pay contributions for major repairs”;

14) in article 159:

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

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

15) add Section IX with the following content:

“Title IX. ORGANIZATION OF CAPITAL REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS

Chapter 15. GENERAL PROVISIONS ABOUT CAPITAL REPAIRS

COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER

ITS FINANCING

Article 166. Major repairs of common property in an apartment building

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

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

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

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

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

5) insulation and repair of the facade;

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

7) repair of the foundation of an apartment building.

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

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

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

Article 167. Ensuring timely capital repairs of common property in apartment buildings

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

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

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

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

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

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

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

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

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

Article 168. Regional program for capital repairs of common property in apartment buildings

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 169. Contributions for major repairs of common property in an apartment building

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

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

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

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

Article 170. Capital repair fund and methods of forming this fund

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

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

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

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

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

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

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

2) - 3) are no longer valid. — Federal Law of June 29, 2015 N 176-FZ;

4) owner of a special account;

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

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

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

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

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

Article 171. Peculiarities of paying contributions for major repairs

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

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

Article 172. Control over the formation of the capital repair fund

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

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

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

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

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

Article 173. Change in the method of forming the capital repair fund

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

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

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

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

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

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

Article 174. Use of funds from the capital repair fund

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

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

Chapter 16. FORMATION OF A CAPITAL REPAIR FUND

ON A SPECIAL ACCOUNT

Article 175. Special account

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

2. The owner of a special account can be:

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

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

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

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

5. The special account agreement is of unlimited duration.

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

Article 176. Features of opening and closing a special account

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

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

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

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

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

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

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

Article 177. Transactions on a special account

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2) credit agreement, loan agreement.

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

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

Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS

REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL

OPERATOR FOR FINANCING CAPITAL REPAIRS OF GENERAL

PROPERTY IN MULTIPLE BUILDINGS

Article 178. Legal status of the regional operator

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

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

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

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

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

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

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

Article 179. Property of the regional operator

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

1) contributions of the founder;

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

3) other sources not prohibited by law.

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

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

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

Article 180. Functions of the regional operator

1. The functions of the regional operator are:

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

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

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

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

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

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

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

Article 181. Formation of capital repair funds on the account of a regional operator

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

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

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

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

Article 182. Responsibilities of the regional operator for organizing major repairs of common property in apartment buildings

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

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

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

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

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

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

5) accept the completed work;

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

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

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

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

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

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

Article 183. Accounting for capital repair funds by a regional operator

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

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

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

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

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

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

Article 184. Return of funds from the capital repair fund

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

Article 185. Basic requirements for the financial sustainability of the activities of a regional operator

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

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

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

Article 186. Control over the activities of a regional operator

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

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

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

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

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

Article 187. Reporting and audit of the regional operator

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

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

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

IN AN APARTMENT BUILDING

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

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 (in the event that 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 capital repairs, the necessary list and the scope of services and (or) work, their cost, the procedure and sources of financing for capital repairs of common property in an apartment building and other proposals related to such capital repairs.

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

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

1) list of major repair works;

2) cost estimate for major repairs;

3) timing of major repairs;

4) sources of financing for capital repairs.

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

7. In the event that major repairs of common property in an apartment building, the owners of the premises in which form a capital repair fund on a special account, are not carried out within the time period stipulated by the regional capital repair program, and at the same time in accordance with the procedure for establishing the need for major repairs of common property in an apartment building requires the implementation 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 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.

Article 190. Financing expenses for major repairs of common property in an apartment building

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

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

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

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

Article 191. Measures of state support, municipal support for capital repairs

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

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

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

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

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

"3. The tax base does not include:

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

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

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

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

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

b) paragraphs six - twentieth shall be considered paragraphs seven - twenty-one, respectively;

V) paragraph twenty-one considered paragraph twenty-two and after the words “management organizations” supplemented with the words “, as well as to the accounts of specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, and were created in accordance with the Housing Code of the Russian Federation, " Fraud in shared construction The real estate market under construction is very […]

Question for a lawyer: Which [...]

1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 5 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.

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

2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for major repairs, calculated based on the minimum amount of the contribution for major repairs per one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard of regulatory area of ​​residential premises used to calculate subsidies, single non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living as part of a family consisting only of non-working citizens living together of retirement age and (or) non-working disabled people of groups I and (or) II, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.

(see text in the previous edition)

3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after the expiration of the period established by the law of the constituent entity of the Russian Federation, which is no less than three and no more than eight calendar months, starting from the month following the month in which the approved document was officially published regional capital repair program in which this apartment building is included, except for the case established by part 5.1 of Article 170 of this Code.

(see text in the previous edition)

4. Income from the transfer for use of common property in an apartment building, funds from a homeowners’ association, housing cooperative, including income from the economic activities of a homeowners’ association, housing cooperative, may be allocated by decision of the owners of premises in an apartment building, or by the decision of members of the owners’ association housing, a decision of members of a housing cooperative, adopted in accordance with this Code, the charter of a homeowners’ association, the charter of a housing cooperative, to form a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major repairs and (or) to form part of capital repair fund in excess of that formed on the basis of the established minimum contribution for capital repairs, which can be used to finance any services and (or) work on major repairs of common property in an apartment building.

(see text in the previous edition)