How to refuse to pay for major repairs. Refusal of major repairs. New in blogs

Fees for major repairs began to be charged to residents of apartment buildings in Russia in 2014. Such an obligation is spelled out in the provisions of the Housing Code of the Russian Federation. He decides that it is the residents who must gradually accumulate funds in the account of the management organization, and then use them for repair work.

At the same time, there are many useful tips on how to legally avoid unnecessary expenses.

What does a major overhaul include?

Do you need information on this issue? and our lawyers will contact you shortly.

Reasons for not paying receipts for major repairs

The question of how not to pay for major repairs worries most Russian citizens.

Many refuse to invest in the promised improvement in the comfort of their stay.

There are several reasons for this:

1. Firstly, the timing of the program focused on the renovation and restoration of apartment buildings does not have a clearly defined validity period. This raises doubts about the targeted use of funds. For example, most citizens will not be able to say exactly where payments for major repairs went in 2016.
2. Secondly, common areas, including attics, staircases, technical rooms, and foyers, do not belong to the residents of the houses (this is most often the property of the municipality). Nevertheless, the funds collected are most often used for their restoration. At the same time, in the future the municipality can rent them out to commercial organizations and third parties.
3. Thirdly, not all residents need property repaired with their money. For example, it makes no sense for residents of the lower floors to present money for restoring the operation of the elevator.

The last point is one of the reasons why citizens refuse to contribute funds to special funds for apartment buildings.

What are the consequences of refusing to pay for major repairs?

Many Russian citizens not only do not want, but actually do not pay for major repairs of the apartment buildings in which they live. What are the consequences of failure to comply with the standards prescribed by law in 2019?

1. Initially, the municipality will send notifications to the apartment owner’s phone and email about the need to repay the debt associated with major home repairs.
2. For each month of late contributions, the fund will charge a penalty on the amount of debt in the amount of 0.5 to 5% of the payment.
3. After six months, the issue can be referred to the judicial authorities.

How to legally avoid paying for major repairs in 2019

Even taking into account the circumstances discussed above, there is a very real possibility of refusing to pay for major repairs of an apartment building and, moreover, on completely legal grounds.

At the same time, refusal to pay for major repairs does not imply zero costs, but can ensure their significant reduction.

• Tenants to help

If the owner of an apartment rents out his home, he can shift the responsibility of paying for major repairs to the tenants. The latter currently live in the house, and, therefore, it is they who are interested in providing comfortable living conditions.

• Do-it-yourself repairs

If the residents of the house do not want to pay money for the services of repair teams, then they can carry out repairs to the facade, roof, foundation, and communications together on their own. However, in this case, it will not be possible to completely avoid costs, since restoration and restoration work requires special tools and materials.

• Advertising banners

The most popular way to reduce the cost of major repairs to nothing is to place advertising banners on the facade of the house. Income from this type of activity finances the capital repair fund without affecting the family budgets of the residents.

The latter option is convenient, but is appropriate only in large cities, in houses located in areas with high traffic.

Other methods of refusing to pay funds for major repairs are considered illegal and may entail administrative penalties in the form of penalties and fines.

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But today the situation has changed a lot.

The amendments made to the Housing Code have done their job - now contributions for major repairs have become monthly and have become mandatory for almost all citizens.

But what if someone does not agree with this state of affairs and refuses to pay? How to refuse the contribution for major repairs and not pay it? Let's figure it out.

Is it possible to refuse payment?

The Civil Code of our country in Article 210 states that citizens are responsible for their property and bear the burden of maintaining it.

The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.

Since apartments in a multi-storey building are private property, residents are therefore responsible for the condition of the building.

But the state does not ask them to carry out repair work independently, on their own.

Residents must simply pay bills for major repairs, which come monthly and form a capital repair fund, from which work to modernize the house will be financed.

In addition to citizens’ funds, subsidies from state or regional bodies are often sent to such accounts.

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Article 169 of the Housing Code states that citizens who own apartments are required to pay these fees if they do not want to receive appropriate sanctions in the form of penalties, confiscation of property and fines.

How to refuse major renovations of an apartment building and is it possible to do this? There are a number of cases when apartment owners can refuse to pay for major repairs and not pay payments on bills, even if they come in their name.

True, for this the corresponding conditions and grounds must be met:

1. If you live in an apartment building that is built on land that belongs not to the developer, but to a municipal organization, then you are exempt from payments.
2. A house in disrepair also cannot be subject to major repairs. Consequently, residents have every right to refuse such payments. The degree of emergency at home is determined by the level of wear and tear of the premises.
3. Major repairs cannot be carried out in a new building. The need for such actions may appear only five or even ten years after the house is put into operation.

In addition, the houses are under the developer’s warranty for quite a long time and even if there is a breakdown, there is someone to fix it in accordance with the agreement with the residents.

Citizens can decide where the corresponding fund will be located only at a meeting of homeowners. When to decide this is up to the residents themselves.

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Until the fund is formed, it is fraud to indicate in payment slips the need to pay contributions for major repairs.

Beneficiaries are exempt from payment, that is, those categories of citizens who have certain discounts or have the right not to pay for housing at all. These include disabled people, war and labor veterans.

All of the above cases allow you to refuse to pay for major repairs of an apartment building on legal grounds.

Unfortunately, the management company does not always act honestly, and even if citizens have one of the above reasons, taking advantage of their ignorance, the office charges bills for major repairs. Only by knowing the legislation can citizens refuse to contribute to major repairs.

How to do it?

So, to the question: is it possible to refuse to pay for major repairs, we answer with confidence, yes, there are such options. And how to do it?

In order not to pay for major repairs on one of the above grounds, you cannot simply ignore the bills, saying: I refuse to pay to the capital repair fund!

If they keep coming, it means that the management company and the city administration are not aware of your powers. How to waive fees for major repairs wisely? It is necessary to notify the authorities of your rights.

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The application indicates the name of the recipient body from whom this document is given (one tenant or a meeting), as well as the basis on which you refuse to pay. In addition, it is good if your arguments are supported by certain documents or excerpts from the law. At the end of the application there is a date and your signature.

Complete waiver of payment

After the first payment

Is it possible to refuse to pay for major repairs if payment has already been made? If you have already paid for major repairs once and then factors are discovered that exempt you from this obligation, you retain the right to file an application for refusal.

In addition, you can even return the amount paid if you were not previously aware of the circumstances under which you might not have paid the fees.

Before the first payment

Is it possible to refuse to pay for major home repairs before paying the down payment? It is best to apply for a fee waiver immediately after the first receipt arrives.

How to refuse payment for major repairs in an apartment building?

How to refuse to pay for major repairs of an apartment building and is it possible to do this at all?

Free legal advice:

The owner cannot refuse to carry out major repairs in apartment buildings without apparent grounds. This is contrary to the Housing Code, Article 169, and therefore is a violation of the law.

The only thing a tenant can do is not allow workers into his apartment (for example, if work is being done around the house to change risers or radiators). But in the event of further leaks and breakdowns, it is the tenant who takes responsibility for the condition of a particular section of communications and will repair them at his own expense.

If you have certain grounds that exempt you from payments, you can refuse to carry out major repairs in an apartment building. You can propose this idea at the meeting. If the residents agree with you, a collective statement is written and submitted to the management organization.

What will happen to the money paid?

What happens to the money after refusing to pay for major repairs?

With the question of whether it is possible to refuse major home renovations, everything is more or less clear. What to do with the money already paid?

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If residents collectively refuse to make major repairs due to real reasons (the house has recently been commissioned or the communications are in good condition), they can proceed with the funds previously handed over as follows:

1. Leave it in the account of the capital repair fund for your home. Sooner or later, global construction work will be needed, and the amount will already be ready.
2. Residents also have the right to demand the return of previously paid funds. To do this, the regional operator of the fund or the management organization is presented with a collective statement, which indicates that the residents want to get the money back.

Within a month, the application must be satisfied, and the money from the fund must be divided among the residents in proportion to their payments.

Despite the fact that the legislator obligated everyone to take part in the maintenance of the house, fairness still remains, according to which in some situations contributions are not necessary.

It is important to know your rights and be familiar with the legislation in order to understand in time whether you belong to one of the categories of citizens exempt from payment or not. If you yourself know and respect your rights and interests, then others will not be able to take advantage of your ignorance for their own purposes.

Well, is it possible to refuse contributions for major repairs and how to do it correctly, you now know well.

(Saint Petersburg)

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Hello. I have a question... There are bills for major repairs.... But we didn’t enter into an agreement with anyone... We don’t have a service company... The house was built in the late 40s... The house doesn’t even have a sewerage system, the heating is stove... The debtors received demands for payment from the court in which it was written: to collect for the WORK PERFORMED... Major repairs have never been made it was... There weren’t even cosmetic repairs... We paint it ourselves... And some even included debts in the payment for electric energy and sent letters to disconnect for non-payment.. What should we do... After all, we give our money to no one knows where or to whom...

I do not pay for major repairs, I was denied benefits for utility bills. I live in Stalinka, the house was built in 1937, the walls are collapsing, this is understandable when I drive a nail into the wall. The agreement is that I will pay for the cap. I did not enter into any repairs. Is it legal for me to be denied benefits? I have the status of Victim of political repression. Rehabilitated?,

Free legal advice:

I agree with Alexander. If the apartment is for social rent, then major repairs are the problem of the owner, that is, the municipality. And they can generally move people out of such a house and provide other housing. If this is private property, then major repairs must be paid for. Which, by the way, does not negate the fact that if the house is considered unsafe, they will allocate other housing. And about benefits, ask the housing and communal services department if they are available in your region.

Hello Ira! You did not write whether you live in a privatized apartment, or for hire, what is the status of the house, maybe it is considered unsafe. If the apartment in which you live is not privatized, then no one has the right to force you to pay a fee for major repairs; this applies only to home owners. If the apartment is privatized, then the obligation to pay for major repairs applies to each homeowner. As for the fact that you are a victim of political repression, you need to clarify how the regions are in charge of introducing what benefits and for whom.

Hello! If I'm at the address, please tell me, firstly, since the new year we have changed the Management company and with its change, changes have occurred with tariffs for utility bills, now the payment has become almost twice as much, I compared the positions, in some it costs rise in prices, and, for example, in particular for heating, Gcal consumption for some reason increased by 30 percent compared to the previous three years. Question two, I haven’t lived in the apartment since February, is some kind of recalculation possible? (no one is registered in the apartment, did not provide meter readings). And question three, this year the house turned three years old from the date of construction, the developer has been under construction for 5 years and, according to the terms of the contract, is responsible for absolutely all shortcomings that may arise during operation. Is it possible to somehow refuse to pay contributions for major repairs (before, separate bills arrived and I didn’t pay for it. Now everything is in one). I don’t know where to go or how to address these issues. Thank you.

Hello Yana! It is possible that your old management company had debts, and these debts were imposed on the residents of the house, perhaps the initiative of the new management company, you need to clarify this with them, and then see what to do next, pay, or complain about the increase in tariffs. What you don’t live, this does not mean that you are not obliged to pay for utilities. Well, for major repairs, homeowners are required to pay into the capital repair fund. And this obligation has no statute of limitations. That is, if you don’t pay, the debt will grow, and with it penalties will add to the debt. That in the end everything will result in a tidy sum, and may threaten debt collection through the courts.

good evening, I inherited an apartment, I registered it 5 years ago, two years ago I registered my daughter in it, and the bills are on cap. the repairs are going to the old owner, and a debt of 12,300.00 rubles has already accumulated, please tell me how to refuse to pay the cap altogether. repair?

Free legal advice:

Hello Taisiya! Since you are the owner of the apartment, you will have to pay this debt. And the sooner you do this, the better. Well, the fact that the bills come to the old owner does not matter, you pay. Fill out all the documents in your name so that there is no confusion.

yes, there is a question. Our house is undergoing major renovations, the quality of work is low. Can I refuse this and not allow builders into my apartment?

The law establishes the inviolability of the home, i.e. You have the right not to let the workers in, however. in the event of an accident due to your fault (in your apartment, something that was subject to repair by these workers), you become responsible for this and the consequences for others.

Our apartment building is under direct management. We do not have the right to participate in regional and federal programs. Why should we pay overhaul fees to a regional operator if we will never be able to use them? The apartment building was built in 1988 and our turn is set for 2039.

Hello Valeria! Article 169 of the Housing Code regulates the issue of paying bills for major repairs. If the home owners do not have a registered capital repair fund, you are not obligated to pay another organization as this is against the law. Homeowners must resolve the issue themselves; - where in what account will the fund for major repairs of the house be located at the meeting of owners? Without an appropriate fund of funds for major repairs of the house, the requirement to pay contributions for major repairs may be considered fraud.

Free legal advice:

Valeria, hello. Why do you think that you will not be able to use the accumulated funds for the cap. repair? A regional operator is a legal entity whose activities are monitored by a constituent entity of the Russian Federation. The regional operator is collecting funds for the capital. repairs, is responsible for these funds and carries out thorough repairs. repairs on time. All the money that accumulates in the account with the regional operator for your apartment building will go towards capital. repair of your MKD. Nobody is deceiving you.

Parents privatized the apartment. Apartment in a blocked building (4 apartments with separate exit, no common areas). They want to waive contributions for major repairs (the bills for major repairs were not paid). The renovation work on the house was carried out on our own, and all receipts are available. We need links to laws and regulations (Federal Laws, acts, article numbers), which state that houses of this type can be exempt from contributions for major repairs.

Everything determines the status of the house. These fees are paid by the owners of premises in an apartment building (apartment building). Other owners are not burdened with such a responsibility. Your house, having several apartments, nevertheless does not belong to the category of multi-apartment buildings, since the exits from them do not have independent access to the common area (plot or common premises). This status of the house excludes the obligation of the owners to pay these fees.

Justification: Housing Code of the Russian Federation (Article 169), Decree of the Government of the Russian Federation dated January 28, 2006 N 47 (as amended on August 2, 2016) (clause 6 of the Regulations).

Hello Oksana! You can find out all the detailed information you are interested in by reading the article Housing Code, N 188-FZ | Article 169 of the Housing Code of the Russian Federation on this website, http://svoe.guru/mnogokvartirye-doma/remont/kapitalnyi/oplata/kak-ne-platit.html#comment-352

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• low - What are the consequences of failure to pay for major repairs? What happens if you don’t pay contributions to the fund for capital repairs of an apartment building? What liability is provided, and is it legal to punish defaulters? 46
• Albina - Is payment for major repairs mandatory or voluntary? Are homeowners required to pay into the fund for capital repairs of an apartment building? Who is exempt from contributions and why? 29
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• Evgenia - Receipts for major repairs: do I need to pay when the payment arrives? New column and debt for major repairs 24
• Natalya - Should pensioners pay for major home repairs: are they always required to do this, or are there benefits? 26
• Alexander - How to open a special account for major repairs for the owners of an apartment building? Special account and formation of a capital repair fund 28

Moscow St. Petersburg Other regions:

Refusal to overhaul an apartment building

How to refuse major repairs of an apartment building is regulated in the legislative acts of the Russian Federation. Major repairs are one of the mandatory and state-provided procedures, for which funds are allocated from the city budget.

It must be carried out at a certain time interval. In the event that, for some reason, citizens do not want all the necessary measures to be carried out, many have questions about how to refuse major repairs of an apartment building.

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Is it possible to refuse major home renovations?

This event is characterized by similar types of work:

1. Checking and strengthening the strength of the main structures of the house.
2. Restoration of the foundation and its strengthening.
3. Identification of individual sections of walls for repairs.
4. Replacement of partitions using the latest fireproof materials.
5. Complete replacement of water supply and heating systems.
6. Other repair work that will be required in relation to a particular building where major repairs are being carried out.

The authorized organization carries out its professional activities on the basis of an agreement concluded with residents. Previously, each apartment owner signs an official consent to carry out all required procedures. Until this consent has been signed, everyone has the legal right to refuse major repairs of an apartment building.

It should be remembered that no one can force the owner to refuse major repairs of an apartment building, nor can they force him to give his consent. All sorts of threats and mention of fines, in the event that someone wants to refuse, will constitute a gross violation of current norms and legislative standards.

In the event that one or more owners wish to refuse, this fact must be recorded. Typically, a representative of the management company offers to sign an official document expressing the resident’s desire to refuse. Before signing, you need to study it as carefully as possible.

You can refuse to overhaul an apartment building in free form by writing your own statement, which will have full legal force. It is not at all necessary to indicate the reason; this is the personal right of each resident.

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By signing all the necessary documents, the interested party confirms his official desire to refuse major repairs of the apartment building.

However, after this it cannot in any way interfere with the full implementation of all required work in the house. He also does not have the right to make claims related to a temporary deterioration in the conditions of his residence, for example, a water shutoff, daytime noise from work involving major repairs, etc.

Those residents who decide to refuse a major renovation of an apartment building should also be aware that after carrying out all the necessary measures, they may encounter technical problems. As a rule, they are associated with the incompatibility of new and old equipment or with other nuances. At the same time, it will not be possible to file a claim, because the owner voluntarily decided to refuse major repairs of the apartment building. Therefore, before signing the paper, you still need to think seriously and calculate the possibility of negative consequences.

Application for refusal of major home repairs

Drawing up an official document gives each owner a legitimate opportunity to formally refuse major repairs of an apartment building. At the same time, absolutely anyone interested in this can make such a decision and refuse to overhaul the house.

As a rule, a representative of the management company already has several statements with him, in case one of the residents wants to refuse major repairs of an apartment building. In this case, the presented copy should be examined as carefully as possible before signing.

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The fact is that the management company often includes clauses stating that from the moment the owner decides not to agree to the start of work, he assumes all responsibilities for paying for emergencies that occur in his home. This means that by signing such a document, the tenant literally relieves the management company of its responsibilities for troubleshooting problems that have arisen.

If the document also contains other very dubious provisions, you should postpone signing it or request that you provide another application form. In the event that not one owner, but several, decided to refuse major repairs of an apartment building, separate copies should be allocated for each of them. It is not allowed to place several signatures of residents on one official paper.

The application itself must contain all the necessary information. First of all, you should check the information about the management company. The document must indicate its exact address, full name, contact numbers, full name of the manager, etc.

Next, you should check the address of the premises, as well as all additional information about it, if any was provided. Then you need to enter all the necessary information about yourself and express your desire to refuse major renovations of an apartment building.

Few people know that it is possible to refuse the overhaul of an apartment building both in relation to the full set of procedures, and only from some activities that are included in the general list of future work.

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For example, if the owner does not need to replace the pipes of an apartment building, but needs to carry out other work, he can express his desire in the appropriate document. At the same time, the paper must accurately indicate the nature of the activities that he wants to refuse, their essence and name.

If the management company insists on issuing a complete refusal, the resident of the apartment building has the legal opportunity to appeal to a judicial institution. In this case, it will be important to correctly formulate the claim. All available papers should be presented as evidence, including the contract for the restoration of the apartment building.

If the court agrees with the plaintiff’s position, the contractor will be obliged to carry out selective work in the specified premises of the apartment building, observing the established deadlines.

Any resident can refuse to overhaul an apartment building if he believes that he does not need such services from the management company. It should always be remembered that coercion is a gross violation.

If such problems arise, you should contact the authorized institution as soon as possible in order to protect your interests. In this case, a claim aimed at refusing major repairs of an apartment building can be written either on behalf of one interested person or on behalf of several residents.

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According to current legislation, owners of apartment buildings are responsible for the condition of the property and are obliged to repair it in a timely manner. For these purposes, a fund is formed, consisting of payments from residents of the house. Until recently, such contributions were voluntary, but now payments are delivered monthly to each apartment.

In accordance with Article 169 of the Housing Code of the Russian Federation, payments to the capital repair fund are mandatory for all owners, and evasion of their payment may result in a fine or even confiscation of property. Therefore, many are interested in how to refuse major renovations of an apartment building and whether it can be done legally.

Homeowners may not pay fees in a number of cases, even if payments are regularly received in their name, they have the right to refuse. The reasons for this are:

1. If the building is located on land that belongs to municipal authorities, there is no need to pay.
2. There is no officially registered account for payments.
3. The building is less than ten years old and does not require major repairs.
4. The building is in disrepair - an important reason to refuse to carry out major renovation work on an apartment building.
5. Such receipts are not paid by beneficiaries - veterans and disabled people. When carrying out repairs, it is also carried out in their apartments, but sometimes even beneficiaries need to refuse the official one.

In any of these cases, you have the right to refuse to pay receipts for major repairs. But you shouldn’t just ignore payments if they are still coming to you; the relevant authorities do not know about your rights.

What happens if you refuse major repairs?

But the decision to refuse to carry out capital work on the improvement of an apartment building entails consequences. The decision on the need for major repairs is made at a general meeting; if you do not agree with it and want to refuse, you will be asked to sign the appropriate papers.

Free legal advice:

According to Article 169 of the Housing Code of the Russian Federation, the owner cannot refuse major repairs without compelling reasons. This concerns contributions; he has every right not to allow workers into his personal territory.

Most likely, repairs will be carried out without your consent and your contributions, but you should not interfere with the work. Traditionally, this procedure involves replacing water or gas risers, so workers may need access to your apartment. If you refuse to provide access, the equipment in the entire apartment building will be replaced with new equipment, but the old equipment will remain in your apartment - there is a risk of being left without water or heat. The management company's employees may even sue you to force you to give them access.

Refusal can also lead to more unpleasant consequences. If you refuse to change the pipes, while they are being changed throughout the entire apartment building, and then an accident occurs, it is you, as the owner of the refused apartment, who is obliged to compensate the damage to your neighbors. That is, when talking about whether it is possible to refuse a major home renovation, you need to take into account that you can refuse, but the consequences can be serious.

In the text of contracts with some companies there is a clause according to which, if an accident does occur, then the owner of the apartment, who refused capital work on the multi-apartment building, must not only compensate for the damage, but also eliminate the breakdown at his own expense. Therefore, this issue should be approached responsibly and carefully.

How to write a refusal letter

Refusal from major repairs of an apartment building must be carried out officially, notifying the authorities. To do this, you need to write an application in two copies - one for the administration, the other for the management company.

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This act indicates the name of the recipient, as well as the sender - a tenant or a meeting of tenants, and the reason for refusing the work. It is better to back up the reason with facts and references to legislation.

The date and signature must be placed at the end of the application.

You can submit such an application at any time, regardless of whether contributions have already been made. If a person deposited amounts into an account and then discovered grounds for refusal, he can submit a corresponding request to the authorities. Usually, a person can even count on a return of the deposited funds, upon a preliminary request addressed to the manager.

But it is best to refuse such a service immediately after receiving the first payment. This will make the procedure easier and faster; in addition, you will not arouse the suspicion of law enforcement agencies, so you don’t have to worry about accruing penalties and fines.

Any homeowner in an apartment building can put forward a proposal at a general meeting about the unnecessaryness of major repairs to the house. If this proposal is supported by all residents, no work will be carried out. To do this, a collective statement is drawn up to refuse major home repairs. It must be drawn up in a form that can be found on the Internet. Only a correctly written application will be considered by the inspector.

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What will happen to the money

Residents of the apartment building decided to refuse capital work, having sufficient grounds for this, but the money had already been contributed to the fund. What to do in this case?

There are two main solutions:

1. If the reason is the newness of the apartment building or its poor condition, you can leave the money in the account. You will need them eventually, so it makes sense to save the funds.
2. The fund can be divided equally between payers. This is the responsibility of the regional capital repair fund manager. The owners must draw up a collective petition in which they state the reasons and the need for the dissolution of the fund and the return of funds. In this case, it usually takes a month to consider the application, after which the money will be returned to the residents.

Apartment owners must choose a solution to the problem; the issue is decided at a general meeting. It is not recommended to refuse to carry out repairs unless there are sufficient grounds for this. You risk not only taking responsibility for possible breakdowns, but also living in a building with faulty communications. However, in some cases you can actually refuse and save money.

about the author

In 2000, he graduated from the Faculty of Law of the National Research University Higher School of Economics. She has been working in the legal field for 16 years, specializing in resolving housing disputes, property transactions, family matters, inheritance, land disputes, criminal cases.

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Back in 2014, management companies of apartment buildings included a new service in utility bills. The appearance of the line “for major repairs” in receipts alarmed and upset many homeowners. However, in the same year, the first recommendations appeared, which described in detail ways to help apartment owners avoid paying for this service on completely legal grounds.

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

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

How legal is the management company’s demand to pay funds for major repairs?

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

According to the law, absolutely all owners of residential premises located in apartment buildings are required to pay for the service. The only exceptions are low-income citizens who receive benefits and financial assistance from the state. In addition to them, war and labor veterans are completely exempt from paying for major repairs. And only certain categories of citizens receive a discount on the service.

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

Let's consider the most popular reasons why home owners do not want to pay for major home renovations:

• The program aimed at improving the housing stock was adopted not so long ago, and besides, there are no specific deadlines for repairs, which means the money will go nowhere. That is why the owners perceive it as another way to force people to pay for something unknown.
• Residents must pay for the overhaul of the house, but their money may one day repair the attics, entrances and basements of the house, which will never become their property. In addition, people are alarmed by the fact that teams from private companies that carry out commercial activities are hired to carry out repair work.
• Many owners do not use the property that the management company offers to bring into proper condition. An example would be the lack of need to repair the elevator for residents of the first floor, since they simply do not use it.

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What is a major overhaul? What are owners required to pay for?

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

1. Restoration of the building and its facade in accordance with modern trends.
2. Basement renovation.
3. Restoring the roof and maintaining the roof in good condition.
4. Reconstruction of the foundation of the house if necessary.
5. Restoration of old elevators or installation of new modern cabins.
6. Updating sewerage, water supply, heating and other types of communications systems.

Based on the above list, it is quite logical that the responsibility for paying for major repairs lies with the homeowners. But the question immediately arises: do exactly the same requirements apply to new buildings that were put into operation no more than two years ago? It turns out that, according to the Housing Code of the Russian Federation, residents of such houses also need to regularly pay for major repairs with a future perspective. In most cases, it is these arguments that become the main reason why people living in new buildings refuse to pay fees for services that, in their opinion, are incomprehensible.

How can it be legal not to pay for major repairs of an apartment building?

Having considered all the important issues related to paying for major repairs of an apartment building, we will dwell in more detail on how to legally avoid paying for this service. There are several similar methods, but you won’t be able to do it completely without spending money. So:

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

What threatens those who do not pay for major repairs of apartment buildings?

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

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

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

The legislation of the Russian Federation provides for the allocation of financial costs for major repairs of multi-storey buildings. This procedure takes place periodically, after a certain time. However, some residents do not want major repairs to be carried out in their home and write a statement of refusal. Many people are interested in the question of how to refuse major repairs of an apartment building.

Features of major repairs. Reasons for refusal

So, what do workers work on during the overhaul procedure:

• diagnose the general structure of the house;
• repair and strengthen the foundation;
• check the quality and condition of the walls, restore them if necessary;
• replace old partitions with new ones;
• inspect and replace heating or water supply systems;
• additional services related to the internal and external condition of the house.

These actions are carried out only if there is an agreement with the authorized company and the residents of the house. This requires written consent from all residents.

According to the law, the owner of the apartment who has put forward his protest is protected at the legislative level and no one should force him to change his decision.

Every protest must be documented. The application for refusal is accepted by the management organization after the signature of the tenant himself. The owner can write a statement in a form convenient for him, without explaining the reason. The document acquires legal force and must be taken into account when carrying out major repairs. However, it does not give a visible result, since in most cases repairs are still carried out. At this time, the owner, being in his apartment, has no right to interfere with repair work in his house and express his dissatisfaction.

Before abandoning a major overhaul, you need to consider that difficulties will arise with your own technical equipment. This is due to the fact that the workers have already replaced all the old equipment, and only he has the old one. In this case, no claims of the tenant are relevant, because he has already signed a certificate of refusal. Experts recommend carefully weighing the pros and cons, and only then making a final decision.

How to write a refusal letter?

Each resident of an apartment building has all the rights to draw up an official application for refusal of major repairs. In this case, an employee of the management company provides him with ready-made forms that should be studied and signed.

However, such a decision can bring a lot of problems to the owner, increasing the number of fees for restoration. The contract may contain clauses that impose financial obligations on it. The previous equipment may fail, then the owner will have to independently repair all the breakdowns and pay the costs. Most often this starts from replacing risers, water supply systems, to minor repairs. The management company disclaims all obligations for restoration in his apartment, because the owner chose to abandon this procedure.

The owner may demand changes to undesirable items and write a statement in a different form. For each tenant who decides to refuse the management company to carry out repair work, a separate sample agreement is provided.

It is advisable that the application indicate clear coordinates of the owner and management company (location address, full name, telephone number, initials of the manager).

You can refuse both a complex of capital works and individual procedures. The application must indicate exactly what events the owner does not want to carry out in his apartment. If, for example, the owner of a residential apartment building only wants to replace the water supply riser, but refuses other repair actions, then these factors must be specified in the contract.

The management of the management company does not have the right to demand that the owner refuse the entire range of repair work. Otherwise, the latter can go to court and, if filed correctly, he has every chance of succeeding in the lawsuit. Any tenant who is forced to cancel the refusal to overhaul an apartment building can file a lawsuit. According to the law of the Russian Federation, owners of an apartment building must monitor the condition of their housing. Each house has its own capital repair fund, in which all residents should not evade paying payments. If one of the owners does not pay, he will most likely receive a fine. It is because of this that some residents began to think about canceling such events. If the owner previously canceled the proposal for major repairs, and then changed his mind, he can count on help. This will be the right decision, because if the risers are replaced, the water supply may suffer. It will not be possible to speed up such a problem quickly, nor will it be possible to avoid paying for damages.

Apartment owners have the legal right to refuse contributions for major repairs. Let's consider cases in which these actions have legal force:

• the house is owned by the municipality;
• there are no documented checks or receipts obliging payment;
• the building has been in use for less than 10 years;
• the emergency condition of the house, in this case, carrying out major repairs can aggravate the current situation;
• if among the owners there are war veterans or disabled people.

These points exempt from payment of payment for the repair of apartment buildings.

Consequences of failure

A citizen who expressed his protest about major repairs bears a certain responsibility. Most often, meetings of owners are held first. At a meeting of the general meeting, the issue of carrying out repair work and adding funds to the apartment building fund is decided.

Anyone who wishes to express his refusal must provide compelling arguments in this regard. This is a requirement of the RF Housing Code law. However, employees of the management company have no rights to the territory of the apartment owner without his permission.

It is in the owner's interest to allow workers into his home. After all, work most often arises related to the replacement of risers. If workers do not get into the apartment, they will not be able to replace old equipment, which will soon require repairs. By refusing major repairs, the owner may be faced with a lack of water or heat supply.

However, this is not all the difficulties that a simple refusal can entail. If old pipes are replaced with new ones, an emergency situation arises. In the entire multi-storey building there will be only one apartment, because of which everything will happen. Then the owner whose home has not been repaired becomes the culprit of the emergency.

In addition, in the event of an accident, residents who refuse major repairs are obliged to compensate for the damage in full, as well as to eliminate the problem with their own means. This point should be given special attention, because you can be left not only without new equipment, but also without your own money.

Additional application details

You can not only refuse major repairs, but also certain procedures. To do this, it is worth correcting only the basis of the appeal.

Here are examples of such statements:

• providing the possibility of partial repayment of payments;
• change in the amount of contributions;
• change of owner data;
• revision of the estimate.

Before writing a letter or statement of refusal, it is necessary to study the terms of the law. Not every letter will be considered, much less accepted. For a positive answer, reliable evidence or violation of property rights must be provided.

Contents of the disclaimer

No refusal will be taken into account unless it is officially confirmed. The document has two copies. One sample for the administration and another for the management company.

When writing an application, you must indicate the details of the applicant (or several persons) and the reasons why the tenant refuses repair services. The reason for such a decision need not be stated; otherwise, specific facts can be referred to. The document must be dated and signed by the applicant at the end.

There is no time limit for filing such applications. This mainly occurs when the owner, while paying the dues, has noticed significant reasons for doing so. A complaint to special authorities may affect the return of payments already paid.

Experts recommend carefully reading all payment documents. And after paying the first receipt, stop paying out funds. In this case, you can protect yourself from the attention of law enforcement officers and get rid of fines. If residents wrote a statement to the housing and communal services, but no response was received, then they can seek justice in court.

Collective refusal

In general, a letter of refusal for major repairs in an apartment building is decided at a general meeting of residents. If all owners protest against these procedures, then no repairs will take place. Here you need to write one general statement about the refusal to invest funds in the MKD fund. You need to find a sample document on the Internet or at a notary office and fill out all the points correctly. In addition, the letter must contain the signatures of all owners.

Let's consider a current example of the following situation. If the general meeting decided to refuse major work in the house, but the residents have already managed to pay all the bills?

To speed up these events, you must choose one of two options:

1. The reason for the refusal was the fact that the building of the house was erected quite recently and does not require restoration. Or vice versa, the house is considered unsafe. Then all payments remain in the account of the management company; if problems arise, they will still be used.
2. If all owners draw up a collective appeal, indicating the reasons for refusing major repairs and a request to return all funds. It takes about a month to make a decision, only then the fund returns the money back.

Conclusion

Every owner can write an application for major home repairs. It is up to everyone to decide whether to agree to carry out a major overhaul or not. However, before you do anything, you need to think carefully about the consequences. Negative results may include: self-compensation for damage, breakdown of your own equipment, fines and taxes. If some equipment in the house has already been replaced, then it will be difficult to achieve the same from the owner who previously protested. However, it is not always worth abandoning such a step; there are situations when this is the only correct decision.