Many people live in residential premises on the basis of a social tenancy agreement. It is drawn up with the municipal authorities, and also contains information about the need for payment of specific rent by residents. If a house is recognized as unsafe, then it is considered unfit for human life. Therefore, residents have a question whether they still need to pay rent for the apartment.
Is it legal to charge a fee for renting emergency housing?
- PP No. 47 clearly states that all people who are tenants of apartments should not pay money for renting housing if it is recognized as unsafe.
- A house is recognized as unsafe only by a special commission, and after such a decision is made, citizens can stop paying rent for such housing.
- Emergency housing and tariffs for its maintenance, see this video:
Conducting and results of the examination
A house can only be declared uninhabitable by an interdepartmental commission, which includes specialists in various fields.
They identify various factors and structural features that can have a significant negative impact on people's lives. To determine all these elements, a special examination is carried out.
Regional authorities make different decisions regarding the need to resettle citizens.
Therefore, the municipality deals with various issues:
- programs are being developed on the basis of which houses are recognized as unsafe and included in a special list of buildings subject to demolition;
- ensure that all stages of these programs are implemented correctly and in a timely manner;
- bear responsibility for violation of deadlines or other parameters of this process.
In practice, citizens often face numerous violations by authorities who do not comply with the deadlines and rules for implementing programs. Therefore, such issues are considered in court.
Housing is often offered that differs significantly from the apartments available in dilapidated buildings. Also, the redemption price is considered extremely low.
Important! The initiators of the examination may be municipal authorities or the residents of the building themselves.
The examination is considered only the first stage of program implementation, and it should be carried out only by independent experts who can make an objective decision.
Legislative regulation
The procedure for paying for emergency housing or recognizing a house as such is fully regulated by various regulations and articles of the Housing Code.
These include:
- PP No. 47. This resolution was adopted back in 2006, and it specifies how apartments should be confiscated from citizens. It is prescribed that municipal authorities must offer citizens other apartments or a redemption price instead of this property.
- Art. 86 of the Housing Code establishes that every tenant of an apartment has the right to receive another housing instead, which must be comfortable and located in the same area.
Article 86. The procedure for providing residential premises under a social tenancy agreement in connection with the demolition of a house If the house in which the residential premises occupied under a social tenancy agreement is located is subject to demolition, the citizens evicted from it by the state authority or local government body that made the decision on the demolition such a house, other comfortable living quarters are provided under social tenancy agreements.
- Art. 89 of the Housing Code contains the rules that a new apartment must comply with. It must not only be well-maintained, but also located in the same area where the employer previously lived. Additionally, both properties must have the same area. The number of rooms is taken into account, which must be identical.
Article 89. Providing citizens with other comfortable residential premises under a social tenancy agreement in connection with eviction 1. Provided to citizens in connection with eviction on the grounds provided for in Articles 86 - 88 of this Code, other residential premises under a social tenancy agreement must be comfortable in relation to the conditions corresponding settlement, equivalent in total area to the previously occupied residential premises, meet the established requirements and be located within the boundaries of this settlement.
In cases provided for by federal law, such provided residential premises, with the written consent of citizens, may be located within the boundaries of another populated area of a constituent entity of the Russian Federation, on the territory of which the previously occupied residential premises are located. In cases provided for by federal law, citizens who are registered as needing residential premises or have the right to be registered are provided with residential premises according to the provision standards. 2. If the tenant and his family members living with him before eviction occupied an apartment or at least two rooms, the tenant accordingly has the right to receive an apartment or to receive living quarters consisting of the same number of rooms in a communal apartment.
3. The residential premises provided to a citizen evicted by court must be indicated in the court decision on eviction.
Thus, violation of the conditions contained in the above regulations is grounds for employers to go to court to resolve controversial issues with the regional administration.
Features of the implementation of the resettlement program
The program is represented by a special document approved by municipal authorities for a year or several years. It contains a lot of important information, which includes houses subject to stratification, as well as the number of residents in them. The order of eviction of citizens is established.
Additionally, the conditions under which the process will be carried out are included in the document. During the procedure, numerous conditions and requirements of the Housing Code and PP No. 47 must be observed.
If there are provisions that contradict the terms of the law, the program may be declared invalid. It must indicate the deadlines for implementing the plan, and officials must strictly monitor their compliance. If they fail to act, this can be appealed in court.
Is it possible to refuse relocation? Read here.
Sample application for recognition of a house as unsafe.
Should employers pay funds for renting emergency housing?
If the building is recognized as unsafe, then all residents who are tenants are exempt from paying rent.
Therefore, citizens can count on several concessions:
- exemption from the need to pay hiring fees;
- obtaining a new comfortable living space with the same size and number of rooms compared to the previous housing;
- relocation to an apartment located in the same region where the person lived previously.
Procedure for relocation of citizens
Relocation is carried out exclusively upon drawing up a new social tenancy agreement.
What violations occur during relocation? Read the link.
Important! Often people who find out where they are moving remain dissatisfied with the chosen property, which often leads to disputes being considered by the court.
Sometimes people are outraged by some actions of municipal authorities, but at the same time they themselves do not know the basic norms of the law.
They mistakenly think that they are owed:
- provide housing only in new buildings;
- move to apartments with the same number of rooms;
- improve their living conditions.
If the house is recognized as unsafe, then the residents are exempt from paying.
The above requirements are not mandatory, so people can get a secondary apartment with fewer rooms, but with the same square footage compared to the previous living space.
Features for owners
If the apartment is owned, then according to Art. 32 LCD owners can choose one of two options:
- allocation of another apartment;
- receiving compensation for housing in the form of the optimal amount of funds.
Apartments for owners are selected according to the same requirements as for tenants, so they must be well-equipped and equivalent to their previous housing.
If a decision is made to receive a ransom, its amount is determined by reaching an agreement between the parties. To do this, a preliminary assessment of emergency housing is carried out. Often municipal authorities deliberately lower this price, and in this case you can go to court.
What is offered to persons living in an apartment under a social tenancy agreement
- Tenants can only move to new housing, so they are not paid compensation.
- If people do not agree with which apartment was offered to them, then they may refuse it in order to count on a new option.
- If you refuse all offers, the municipality may file a lawsuit, so tenants will be forcibly evicted to the first suitable apartment.
Housing must be equivalent to the tenant's previous apartment.
When relocating, a new social rent agreement is concluded with the municipality.
- What if payment receipts continue to arrive? Watch in this video:
- After moving into a new apartment, tenants will have to pay the rental fee again.
What is the timeframe for relocating residents of an emergency building?
The period during which residents of emergency buildings are resettled is determined by the municipal authorities. At the same time, federal legislation establishes the need for these time periods to be reasonable.
The standard period is one or two years. At the same time, residents of the building must be notified in advance about the resettlement so that they can prepare for the move.
How are relocation lists compiled? Details here.
Conclusion
- Thus, tenants of emergency housing do not have to pay rent.
- They can count on being provided with a new apartment.
- After they move in, under a new social lease agreement, they have to pay housing payments to the municipality again.
Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:
Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:
If the house is recognized as unsafe, do you need to pay for utilities - Portal about housing and communal services
Home page » Rent » If the house is recognized as unsafe, do you need to pay for utilities?
What should be the payment for housing and communal services for a dilapidated house?
Telephone consultation 8 800 505-91-11 Free call Topic: Housing issue We live in a dilapidated house, we have repeatedly contacted the housing and communal services about a roof leak.
But as soon as I wrote an application for roof repairs, they immediately sent me read the answers (1) Topic: Subsidies for housing and communal services, emergency housing, can I not pay for the maintenance and repair of housing since housing and communal services have not done anything in our house for 8 years.
read answers (2) Topic: Housing Do they pay for emergency housing? read answers (1) Topic: Payment for renting housing Should they pay for emergency housing, a court decision has come for rent arrears, although there is a conclusion of an interdepartmental commission to recognize the house as unsafe.
read answers (1) Topic: Payment of utilities for dilapidated housing Am I required to pay for dilapidated housing? read answers (1) Topic: Do I need to pay for dilapidated housing? The driver died as a result of an accident. The culprit of the accident is awaiting trial.
What rent should residents of dilapidated buildings pay?
In a house that has been declared unsafe and is soon to be demolished, current repairs can only be aimed at ensuring standards for living (this is setting up engineering equipment and preparing the house for seasonal use).
There is no need to pay for other home repair work, so exclude them. By excluding these types of work from your invoice, you will reduce your home maintenance fees and pay less than you would pay for homes that are in habitable condition. P. 2.3.
7 Rules and norms for the technical operation of the housing stock (approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170). But of course, it will not be possible to exclude the rest of the work on maintaining the house; this could be work such as cleaning the local area, entrances, etc.
Be aware that residents of municipal apartments (non-privatized) maintenance fees are set by the administration.
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Payment of utility bills in a dilapidated house
When setting the amount of payment, it is necessary to be guided by the Minimum List of Services and Works for the Maintenance of Common Property in MKD, the Procedure for their Provision and Implementation, as well as the Rules and Standards for the Technical Operation of the Housing Stock.
After studying these documents, you will be convinced that some work in a dilapidated house still needs to be done for the safety of residents in these years before demolition. For example, checking and repairing household electrical equipment, eliminating accidents on common property.
Well, no one has canceled the sanitary rules, and this includes regular cleaning of the territory and garbage removal. A specialist with knowledge of housing and communal services standards should determine the minimum required list of works, taking into account the specifics of a particular house.
It is advisable to set the fee for management services as a percentage of the total fee for the maintenance and repair of housing.
Is it possible not to pay for the maintenance of a house that is in disrepair?
In addition, some categories should be removed from receipts altogether for those who live in dilapidated or dilapidated housing. Let us remind you that at the moment, this category of citizens is only exempt from paying funds for major repairs. They pay all other tariffs the same as everyone else.
The parliamentarians confirm their opinion with the words of the Minister of Housing and Communal Services. Let us recall that Men said that in 31 regions of the Russian Federation there is a possibility that the government may not invest in the established time frame and may not resettle citizens from emergency housing on time. Thus, parliamentarians confirm that at the moment there is social inequality between certain categories of citizens of the country. With this bill they seek to remove this barrier. By the way, this is a pretty good decision.
Emergency housing fee
After M. Men made a report on the implementation of the plan for resettlement from dilapidated and dilapidated housing, parliamentarians thought about the advisability of charging a certain amount of money for housing and communal services from residents living in apartments that are not suitable for use.
As the drafters of the bill point out, the government must smooth out the inequality between consumers.
On what basis should citizens who live in emergency housing pay for all services on an equal basis with those who have all the conditions and services available to a modern person? That's right, in this case the management company spends much less money than in a normal house.
Accordingly, the government proposes to reduce fees for housing and communal services for this category of citizens. That is, they must pay no more than 50 percent of the established and approved tariffs. Today we will look at this question.
Do I need to pay for the maintenance of emergency housing? For example, your house was declared unsafe and they are going to demolish it soon, but there are situations when you are charged for major repairs, but what kind of major repairs can there be if the house is declared unsafe and it is simply impractical to repair it. Or there are situations when the management company has changed and if previously residents paid 400 rubles for the maintenance of housing, then after the arrival of the new management company they began to pay 550 rubles. Is it necessary to pay if the house is declared unsafe, I suggest you find out! The column for housing maintenance, among other things, should include current repairs of the house.
But if the barracks are recognized in the legally established order as unsafe and subject to demolition, the owners of the premises in such an apartment barracks are only exempt from paying the costs of major repairs, by virtue of the provisions of Part 2 of Art. 169 of the Housing Code of the Russian Federation.
The law also provides (Part 9 of Article 156 of the Housing Code of the Russian Federation) that citizens recognized in the prescribed manner as low-income, occupying residential premises under social tenancy agreements, are exempt from paying fees for the use of residential premises (rental fees).
We also tried to find out everything related to payment issues from the employees of the municipal enterprise “Housing”, since most of the barracks are managed by this company.
“If the barracks are recognized as unsafe, the residents are still obliged to pay for housing,” the management company explained to us.
How much should housing and communal services be paid for a dilapidated house?
The minutes of the meeting must be presented to the management company and demand a change in the contract and a reduction in the monthly fee.
- § P. 2.3.7 Rules and standards for the technical operation of the housing stock (approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170)
You will have to pay for general house needs regardless of the damage to the house. If you spend resources on the needs of your home, then you have to pay for them.
The same applies to house maintenance work (cleaning common areas, caring for the area around the house, etc.). These works must be carried out regardless of the condition of the building. But you are not obliged to pay for major repairs. The law exempts owners of apartments in dilapidated buildings from contributions for major repairs.
Am I obligated to pay rent if the house is declared unsafe?
Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction (approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47):
- It is necessary that the procedure for recognizing a premises as a residential premises, a residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction (Chapter IV of this Regulation) must be observed:
- 47. Based on the results of the work, the commission makes one of the following decisions:
- on the compliance of the premises with the requirements for residential premises and its suitability for habitation;
- on the need and possibility of carrying out major repairs, reconstruction or redevelopment (if necessary, with a feasibility study) in order to bring the characteristics of residential premises lost during operation into compliance with the requirements established in these Regulations and after their completion - on continuing the assessment procedure;
- about the non-compliance of the premises with the requirements for residential premises, indicating the grounds on which the premises are recognized as unsuitable for habitation;
- on recognizing an apartment building as unsafe and subject to demolition;
- on recognizing an apartment building as unsafe and subject to reconstruction.
The decision is made by a majority vote of the commission members and is issued in the form of a conclusion. If the number of votes “for” and “against” when making a decision is equal, the vote of the chairman of the commission is decisive. In case of disagreement with the decision made, the commission members have the right to express their dissenting opinion in writing and attach it to the conclusion.
48. Upon completion of the work, the commission draws up a conclusion in 3 copies recognizing the premises as suitable (unsuitable) for permanent residence in the form according to Appendix No. 1.
49. In the case of an inspection of the premises, the commission draws up an inspection report of the premises in 3 copies in the form according to Appendix No. 2.
Based on the received conclusion, the relevant federal executive body, executive body of a constituent entity of the Russian Federation, local government body makes a decision and issues an order indicating the further use of the premises, the timing of the resettlement of individuals and legal entities if the house is recognized as unsafe and subject to demolition or reconstruction, or recognition of the need for repair and restoration work.
50. If an apartment building is recognized as unsafe and subject to demolition, rental and lease agreements for residential premises are terminated in accordance with the law.
Contracts for residential premises recognized as unfit for habitation may be terminated at the request of any of the parties to the contract in court in accordance with the law.
53.
In the case of major repairs, reconstruction or redevelopment of residential premises in accordance with the decision made on the basis of the conclusion specified in paragraph 47 of these Regulations, the commission, within a month after notification by the owner of the residential premises or his authorized person about their completion, inspects the residential premises and draws up a report survey and makes an appropriate decision, which is communicated to interested parties.
Thus, it is necessary to first obtain the conclusion of the commission, then an order from the authority on the further use of the house. Perhaps the house will not be subject to demolition (there are many options - clause 47 of the Regulations). In any case, you as the owner will be notified of this in writing. In the meantime, the obligation to pay utility bills remains.
The housing has been declared unsafe and unfit for habitation, do I have to pay utilities?
The house is not comfortable.
4 answers to a question from lawyers 9111.ru
- The costs of the owner of a premises in an apartment building consist of:
- 1) fees for the maintenance and repair of residential premises, including 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) utility bills.
- In addition to the contribution for major repairs, all other payments will have to be paid until you cease to be the owner of the property
Good afternoon, Marina! If utility services are provided to you, you are obligated to pay for them, but if the provision of utility services was stopped due to a breakdown at home, you are not obligated to pay for them.
In accordance with Art. 30 Residential Complex of the Russian Federation
3. The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of the rooms in such an apartment, unless otherwise provided by the federal law or contract.
Utilities have to be paid because... Organizations supply heat, electricity, and water.
In most cases, demolition requires 18 sq.m. per person
- even in cases where citizens are not on the housing register (in line),
- but few people know about this, because they are sure that the authority is a priori right.
- If your house is being demolished due to its recognition as unsafe,
then the equivalent is assumed, i.e. rooms - as many as you have now
- and the area - as much as you have now.
- The fact that everyone around you says that your house is in disrepair -
- does not mean that this is so.
- Even the issuance by the authority of an act on the demolition of a dilapidated house,
- again, this does not mean that the house is truly in disrepair.
- Such acts of the government do not reflect some important aspects,
- essential in resolving the issue of
- what area is allocated to the residents of such demolished houses?
- For example, to what extent such an act of a government agency complies with the laws.
- Under such circumstances, the lion's share of migrants agrees that
- what the government agency offers, and those who are not satisfied with the proposed housing -
- they themselves are not able to defend their rights due to ignorance of the whole range of issues,
- associated with the resettlement of citizens.
- — how to distinguish the legal grounds for demolishing a house due to its unsafe condition
- and demolition of a house for other reasons,
- — to identify the legal consequences for citizens resettled from such houses,
- — find out whether you have grounds for providing an area of 18 sq.m per person,
- — how to competently defend your rights in a government agency and/or in court,
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Payment for renting emergency housing (judicial practice)
Currently, there are no longer many people who use social rental housing. But many of those who decided to enter into a social rental agreement for an apartment that was subsequently declared to be in disrepair are concerned with the only question: do they need to pay rent for housing that has been declared in disrepair and is subject to demolition? This article will further answer this question.
It should be noted that in order to get a clear answer in individual situations, it is still worth seeking advice from an experienced lawyer.
Social rental agreement for residential premises
When renting out residential premises belonging to the state or municipal housing stock, a special type of social tenancy agreement for residential premises is concluded between the owner and the tenant. Typically it contains the following data:
- Information about the owner of the social premises - the current state or municipal authority, as well as persons authorized by them;
- Information about the tenant of the residential premises - data of a citizen of the Russian Federation recognized as low-income and in need of housing, and members of his family with whom he plans to live;
- Obligations and responsibilities of both parties to the contract;
- Conditions for making additions and changes to the contract;
- Conditions for termination of the agreement;
- Amount and terms of payment
The validity period, as a rule, is not indicated in this document, that is, the contract is unlimited.
Read also the article ⇒ Registration in emergency housing.
Procedure for paying rent for social housing
According to the Housing Code of the Russian Federation, the estimated amount of social rent consists of the following parts:
- Payment for the use of living space - payment of funds for accommodation;
- Payments for utilities – payment for consumed resources: gas, water and electricity;
- Payments for current repairs – funds paid for repairs of residential and common premises.
This legislative act also establishes the procedure for calculating and paying for all these components. All components are calculated by the landlord, who resorts to the assistance of the relevant competent authorities. All calculated amounts are specified in the social tenancy agreement.
The amount of payment for accommodation may increase, but not more than once every three years and only under the conditions of current housing legislation. Utilities are calculated monthly based on general tariff plans for the resources provided.
Whether the payment amount is fixed or utility bills are paid separately - this must be indicated in the social rent agreement.
The Housing Code also provides for payment deadlines: according to Article 155, funds must be paid before the 10th day of each month following the billing month. But a social tenancy agreement may make changes to the payment procedure and contain a different payment schedule.
As for payment for renting emergency housing, the answer to this question is highlighted in a separate paragraph, since it has its own nuances, one of which is conducting an examination of housing.
The procedure for conducting a housing examination
The examination is carried out on the basis of the Decree of the Government of the Russian Federation of January 28, 2006 No. “On approval of the regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.” It is usually carried out when controversial situations arise, such as the need to collect fees when renting out residential premises for social purposes that are in an uninhabitable condition.
Construction and technical expertise is carried out as follows. Experts go to the site of the examination and first of all determine the wear of building structures and the deformation of the facade. Next, compliance with GOSTs and SNiPs is considered.
The building must also meet sanitary and fire safety regulations. After this, experts make calculations based on special calculation methods used in forensics, mathematics and natural sciences.
They then issue a corresponding document.
Read also the article ⇒ Purchase price of emergency housing
Recognition of social housing as unsafe
The basis for declaring housing unfit for habitation is a statement from the owner or tenant.
After the applicant’s application, the relevant authorities determine a list of documents for making a decision, including the above-mentioned documented examination and an inspection report of the premises, if necessary.
Then work is done to assess the premises and the necessary documentation is drawn up. Next, the executive authority or local government makes a decision, documents it and transfers it to the applicant and the owner of the residential premises.
Charging fees for renting emergency housing
So, this article was intended to answer the important question posed at the beginning. So is it necessary to pay rent for social housing if it is considered unsafe?
When executive or municipal authorities make a decision to recognize housing as unsafe, the residents of such houses are not charged rent. Also, for such residents, local authorities should develop a number of resettlement measures and monitor their implementation. Moreover, exemption from payment of payments occurs only after the residential premises are included in the register of houses subject to demolition.
In this case, if the landlord continues to send receipts for payment of rent, then these actions can be challenged in court.
Answer to a question from a lawyer
Is it legal to charge a fee for renting emergency housing? This question was asked to an employee of the prosecutor's office. And this is the answer received:
– According to Part 9 of Article 156 of the Housing Code of Russia, citizens recognized as low-income in the manner prescribed by law and occupying residential premises on the basis of social tenancy agreements are exempt from paying fees for the use of residential premises (rental fees) if the housing is recognized as unsafe and subject to demolition or reconstruction. Therefore, charging fees for renting social housing recognized as unsafe is illegal.
Is it possible not to pay for the maintenance of a house that is in disrepair?
QUESTION:
(1) Is it possible for citizens not to pay for the maintenance of the common property of a house that is officially in disrepair? The service organization should not object, what should they do there now if the house is demolished in two years, and citizens should bury their money in the ground?
kokos, 11/15/2011
(2) The house is 150 years old, an architectural monument, the residents have a lot of questions, one of them is about paying for utilities. The house has been “living out” for more than a century, of course, there is a management company, but it doesn’t want to, perhaps it can’t maintain the house in a condition suitable for habitation, but we have to pay for receipts for the item “current repairs”, recently the railings between the 1st and 2nd floors rotted, an 8-year-old boy fell into the opening, hurt his back, the management company blocked the opening with a board, this is the only work in the last 40 years .We wrote to more than one place with a request to remove this position from us, or at least make a recalculation for the last 3 years, because
the service was not provided, now they have decided to sue, I can’t find a sample claim for this case, the court doesn’t have it, and will this nailed board affect the court’s decision? I’m also interested in the position “housing management”, they, of course, they are managing something there, but why in this case does this apply to our house? It would be nice to remove this position too, or also do a recalculation, can we talk about under-delivery in this case? We also want to remove the position “Maintenance of general communications” , because there are no communications in our house at all, except for electrical wiring, but again, it has not been serviced for 40 years. The house is recognized as unsafe, but not dilapidated, it is in terrible condition. We will be grateful for any comment, help, hint. Thank you. Sadykova Lyudmila Anatolyevna, 03/13/2012
Edited by:
ANSWER: The currently adopted legislation does not contain a rule that would allow owners and tenants of housing in a dilapidated building to automatically stop paying for the maintenance and repair of housing , as well as for utilities , from the moment the house is assigned such status.
However, the Housing Code of the Russian Federation allows owners to independently set the amount of payment for the maintenance and repair of housing, and this opportunity is worth using. This fee is set at the general meeting of owners. Article on the topic: “Reasonability of the amount of payment for the maintenance and repair of residential premises.”
When setting the amount of payment, it is necessary to be guided by the Minimum List of Services and Works for the Maintenance of Common Property in MKD, the Procedure for their Provision and Implementation, as well as the Rules and Standards for the Technical Operation of the Housing Stock.
After studying these documents, you will be convinced that some work in a dilapidated house still needs to be done for the safety of residents in these years before demolition. For example, checking and repairing household electrical equipment, eliminating accidents on common property.
Well, no one has canceled the sanitary rules, and this includes regular cleaning of the territory and garbage removal.
A specialist with knowledge of housing and communal services standards should determine the minimum required list of works, taking into account the specifics of a particular house. It is advisable to set the fee for management services as a percentage of the total fee for the maintenance and repair of housing.
The mere fact of recognizing a house as unsafe does not mean that some work on the house should automatically be stopped. Perhaps, on the contrary, such a state of the house requires more work and services to maintain it.
The management company will not want to be extreme in case of possible problems with the house, because its responsibilities remain, even regardless of the decisions of the owners and the terms of the management agreement. See Rules and standards for technical operation of the housing stock MDK 2-03.2003, approved.
Resolution of the State Construction Committee of the Russian Federation No. 170, and court decisions on the application (in the comments to the Rules):
Quote
200?'200px':''+(this.
scrollHeight+5)+'px');>Regulations N 170 stipulate what exactly should be included in the maintenance and maintenance of a house, and also indicate the parameters and conditions that building structures must meet in any case for the safety of people and the safety of a residential building of this house, regardless of the wishes of the owners of its individual premises and their inclusion of the relevant work and services in the contract with the management organization.
See also: “Samples of claims for housing and communal services.”
It is worth mentioning separately the fees for major repairs . For owners of premises in a dilapidated building, the law makes an exception - they do not have to pay for major repairs. See Housing Code of the Russian Federation:
Quote
Article 169
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. Article 174
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.
Should I pay for water and gas in a dilapidated house due for demolition?
prill/Depositphotos
Alexey Sharov, head of the Istrinskaya Dolina sales department, answers:
You should pay only for those services that you actually receive. Payments for repairs, maintenance, and use are charged only for residential premises suitable for habitation.
If your house is recognized as unsafe and there are official documents confirming this, you must contact the management company that bills you, or the municipal authorities with a statement of refusal to pay for services. If this is not enough, you can safely go to court. Current practice shows only positive decisions in favor of plaintiffs.
How to stop paying utility bills in an empty apartment?
How to speed up the demolition of a dilapidated house?
Victoria Suvorova (Pyatigorsk), a private practicing lawyer at Suvorov and Partners, answers:
If you have meters for water and gas, then write an application to the energy supply organizations and do not pay for these resources. Such a statement is written every six months.
If there are no meters, also apply and indicate that you do not use water because you are registered at a different address.
Regarding heating: You will have to pay for it, since the house is heated regardless of whether you live there or not.
Nikolai Lavrov, vice-president of ARIN Group of Companies, head of the interregional housing program “Moving to St. Petersburg,” answers:
If services are not provided, they should not be paid for. You urgently need to go to the housing office and document the lack of energy supplies to your living space. If a house is recognized as unsafe, then the gas from it should be completely turned off in order to avoid emergency situations. It would be strange if this was not done.
And in this case, gas use fees cannot be charged. But if the apartment is still inhabited by people who use water and gas, and there are no meters, then you, as the owner of the premises in which energy resources are consumed, will have to pay before moving in.
Just don’t accumulate rent debts, this can have a bad effect on your resettlement.
How to prove that housing is in disrepair and move to a new house
Should I pay for water if no one is registered in my rooms?
The director of the legal service “Unified Center for Protection” (edin.center) Konstantin Bobrov answers:
Recognition of a residential building as unsafe and subject to demolition does not entail the cancellation of the obligation to pay housing and communal services. Residents are only exempt from paying contributions for major repairs in accordance with Art. 169 of the Housing Code of the Russian Federation. Therefore, this duty must be fulfilled in the prescribed manner, regardless of any factors.
Even an emergency house needs to be supplied with utilities (light, water, heat, and so on). Otherwise, the residents would be completely left without the ability to support their lives.
Accordingly, the supply of these resources is the prerogative of the resource supplying organization, the work of whose employees must be rewarded.
Thus, housing legislation ensures both the protection of the rights of residents to utilities, which are very difficult to do without, and the protection of the rights of the resource supplying organization, the lack of funding for whose activities will lead to the cessation of its activities. Therefore, it is illegal not to pay utility bills in the described situation. This may lead to legal proceedings to collect the accumulated payment arrears and accrued penalties.
How to solve problems with the management company?
What is the best way to dispose of ¼ shares of an apartment in a dilapidated building?
Ksenia Buslaeva, head of the legal support department of the company NDV - Real Estate Supermarket, answers:
Recognition of a house as unsafe and subject to demolition frees residents from the obligation to pay contributions for major repairs, but does not relieve them from the obligation to pay for utilities. In order not to pay for them in two places, it is necessary to provide documents confirming the fact of temporary residence at another address to the housing office at the place of permanent registration.
True, this is only necessary in order not to pay for utilities, which are calculated based on area measurements, the number of registered residents, or according to general house tariffs. If an apartment in a dilapidated building is equipped with water supply meters, then contacting the housing office is not required: the meters simply will not record water consumption, and there will be nothing to pay for.
The same applies to household gas meters.
- Text prepared by Maria Gureeva
- Do not miss:
- All materials in the “Good Question” section
The heating has been cut off, but the bills keep coming. What to do?
Instructions: how to find out if you have debts for housing and communal services?
How to start paying for heating using your apartment meter?
The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.
Legal rent
Does a homeowner have to pay utilities before taking ownership? Is there a difference between tariffs for municipal and privatized housing?
Does a homeowner have to pay utilities before taking ownership? Is there a difference between tariffs for municipal and privatized housing? Lawyer Alexey Abramov answers these and other questions from the magazine’s readers related to rent.
— On what basis are utility bills charged? Based on the number of people registered in the apartment or those actually living?
— Payment for utilities includes payment for cold and hot water supply, sewerage, electricity, gas supply, heating. As a general rule, utilities are paid by citizens who are registered in residential premises.
However, if there are individual and general (apartment) meters, the amount of payment for utilities is determined based on their readings. In this case, it does not matter how many people are registered in the apartment - you will have to pay according to the meter.
Most often, amounts for hot and cold water, electricity, and gas are calculated in this way.
If there are no meters, then when calculating fees for cold and hot water and sewerage, the number of citizens registered in a given residential premises is taken into account.
It does not matter whether a person is registered temporarily or permanently, since in accordance with paragraph 12 of Art.
155 of the Housing Code of the Russian Federation, fees for utility services provided to temporary residents are paid by the tenant of the residential premises in accordance with an additional agreement with the landlord.
The size of the heating fee does not depend on the number of registered or living citizens, but on the size of the apartment or residential building. The total area of the living space is taken into account.
— The house is recognized as dilapidated and in disrepair, an interdepartmental commission has given an opinion on the inexpediency of carrying out any repairs in it, especially major ones, but we are charged a fee for the maintenance of common property, including major repairs. Is this legal?
“Unfortunately, current legislation does not provide for exemption from expenses for the maintenance and repair of common property for residents of dilapidated or dilapidated buildings.
Owners of residential premises will have to pay in any case, because this payment also includes the cost of services and work on managing an apartment building. At the same time, the amount for maintenance and repairs in a dilapidated house is, of course, significantly lower than in an ordinary one.
In accordance with the Decree of the Moscow Government dated November 6, 2007 No. 963-PP “On approval of prices, rates and tariffs for housing and communal services for the population for 2008.
» the price for the maintenance and repair of residential premises in a residential building, which is recognized in accordance with the established procedure as unsafe, is 3 rubles. 40 kopecks for 1 sq. m of total area per month, including VAT. For comparison: in a non-unsafe house with all amenities, the fee for maintenance and repairs is 7 rubles. for 1 sq. m.
— In Moscow, relatives pay almost half as much for a three-room apartment as I do for a two-room apartment in the Moscow region. Why? How is rent calculated?
— The rent consists of the amount accrued for the maintenance and repair of the residential premises, and utility bills.
The amount of payment for utility services is calculated according to tariffs established by state authorities of the constituent entities of the Russian Federation or local governments. The management organization does not have the right to independently regulate the cost of, for example, water or electricity. Each region sets its own tariffs, so they may vary.
For clarification regarding billing, you should contact the organization that services your apartment building.
The amount of payment for the maintenance and repair of residential premises for tenants and owners of residential premises who have not yet chosen a method of managing the house is also established by local governments.
If a homeowners' association (HOA), housing cooperative (HC) or housing construction cooperative (HBC) has not been created in the house, then the amount of payment for the maintenance and repair of common property is determined at a general meeting of premises owners.
If a homeowners association, residential complex or housing cooperative has been created in the building, then the amount of mandatory payments or contributions associated with the costs of maintaining and repairing common property in an apartment building is determined by the management bodies of the partnership or cooperative.
— Does the service organization have the right to set tariffs for housing and communal services before registration of ownership, but after receiving the keys?
— This is one of the controversial issues, to clarify which you need to carefully read all the documents for the new building (contracts, deeds, additional agreements, etc.).
According to the current legislation (Article 153 of the Housing Code of the Russian Federation), the obligation to pay for the maintenance of residential premises and utilities arises from the moment the ownership right arises, that is, after the state registration of such a right in the Unified State Register. Based on this provision of the law, many believe that they are not obliged to bear the costs of paying for housing and communal services.
But, as a rule, the developer will not give out the keys to the apartment until the new resident signs a certain package of documents. In addition to the acceptance certificate, it may also contain contracts providing for payments for maintenance, hot and cold water, etc. From the moment such documents are signed, you are required to bear the costs of paying for utilities.
“The residents of our house pay utility bills at commercial rates, allegedly due to the fact that our house is non-municipal. Is there a difference between tariffs for municipal and other housing?
— Tariffs for housing and communal services are set by regional authorities and are the same for all residents. The exception is for preferential categories of citizens.
However, persons occupying an apartment under a social tenancy agreement pay a fee for the use of residential premises, maintenance and current repairs of common property, and the owners, in addition, also pay for major repairs. Thus, tenants still pay less for housing than owners.
— My father died and left me a two-room privatized apartment. Should I pay for utilities if I have not yet entered into inheritance rights?
- Yes, we should. In accordance with Art. 1152 of the Civil Code, property is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the period of state registration of the right.
If there is a debt on utility bills, then you are obliged to pay off the debts of the testator, since the inheritance includes not only things, other property and property rights, but also the property obligations of the testator.
— The ex-husband, the owner of the property, does not pay utilities. Can I be sued for non-payment of utilities if I have never been the owner of the property, but was only temporarily registered in it?
— A claim can only be brought against the owner of the apartment.
In accordance with the Civil Code of the Russian Federation, the owner bears the burden of maintaining the property he owns. If you did not have a written agreement with the owner that you agree to pay utility costs during the period of your temporary registration, then you have nothing to worry about.
“I don’t live in my privatized apartment, I shut off the radiator and asked the housing office to recalculate my rent. They refused me, citing the fact that central heating risers pass through the apartment. Is the housing office right?
— The housing office is right, since in accordance with the Decree of the Government of the Russian Federation of May 23, 2006 No. 307, in the temporary absence of a tenant, recalculation can be made only for cold water supply, hot water supply, sewerage, electricity supply and gas supply. Recalculation for heating in this situation is not provided.
You can achieve a recalculation of the rent if the utility service provided to you is of inadequate quality: heating is supplied intermittently, the proper temperature in the room is not maintained, etc.
— Why do we get a heating bill in the summer?
— If the house does not have thermal energy metering devices put into operation, then citizens pay for heating services based on the calculation of the total area of the living space, multiplied by the tariff rate approved for this service.
In order to reduce the financial burden on city residents directly during the heating season and to make it convenient to make payments, fees for heating services are distributed evenly throughout the year. In this case, payments for heating services are made monthly.
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