Should I pay on a receipt for a major overhaul? Can I cancel the services?

Overhaul is a topic that excitespractically all citizens. In any case, those who pay utility bills. After all, such a penalty appeared in the payments for the apartment since 2012 in Russia, but it began to operate in 2014. Many people wonder whether to pay a receipt for a major overhaul? This question is really very important. It causes a variety of reactions from the public. Someone submissively runs to pay the next payment, and some are lined up and go to demonstrations against this payment. So how do I proceed correctly? All about overhaul and related payments are to be found further.

What is overhaul

Did you receive a receipt for major repairs? Do I have to pay for it? The question is controversial. It even causes difficulties for lawyers. Therefore, we should consider all possible options and everything that concerns the overhaul.

The first step is to understand what is going on at allspeech. What is overhaul? This is a kind of maintenance of housing in a normal, livable condition. It's about the house (entrances), and not about the apartments. That is, if you need to repair the elevator, change the rail or patch the roof, major repairs are carried out. Previously, this process was fully funded by the state. But now the population receives receipts for major repairs. Do I have to pay for it?

The appearance of a strange payment

The exact answer is very problematic. After all, no one had ever paid for a major overhaul. But since 2012 a new graph has appeared in the housing and communal services. She caused resentment of the tenants. Why?

Previously, all housing was public. And so its repair was carried out at the expense of the regional budget. That is, the residents could not make any contributions for major repairs. But over time, privatization came to Russia. More and more housing has been transferred from the state to private property. And the repair of houses was still paid from the state treasury. At the moment, citizens own approximately 85% of the square meters in operation.

In this regard, in 2012, a decision was madeto enter payment for overhaul. This phenomenon caused resentment of residents. Especially those who do not own a home. Have you seen the graph in the receipt of the Housing and Public Utilities "Capital repairs"? Can I not pay? To fully understand what is what, it is necessary to turn to modern Russian legislation.

Laws

December 25, 2012 was adopted by the Federal Law№ 271 "On overhaul". It obliges all tenants of apartment buildings to pay not only utilities, but also the upcoming capital repairs of your dwelling.

Also in the Housing Code of the Russian Federationit is indicated that apartment owners are obliged to maintain their dwelling in a dwelling condition at the expense of their own means. In other words, now each of his wallet should pay for the replacement of the elevator or repair of the leaking roof.

All payments are made to the Capital Fundrepair. That is, from the legislative point of view, the owners of the housing will repair the apartment buildings at their own expense. Is it obligatory to pay for the overhaul (the receipt is received regularly by the owners of the living quarters) a young woman or an elderly woman? Yes, that's the law. All citizens are obliged along with all other housing and communal services to pay for this.

Cancellation of services

But is it obligatory to pay? The receipt for major repairs is received by all citizens every month. However, many people think how to refuse this payment. Maybe there are any loopholes in the legislation that will help to avoid additional penalties from tenants?

Unfortunately, they are not. No one can legally refuse the services of major repairs. This is not provided for by law. The only thing that is allowed to citizens (and then illegally) is to ignore incoming invoices. The other is not given. It has already been said that the laws in Russia oblige all tenants at their own expense to pay for the overhaul of apartment buildings.

Calculation rules

An interesting methodology for calculating the amount of contributions to the Fundmajor overhaul. It is the first cause of discontent among the population. The fact is that the amount of payments is set at the regional level. That is, for the same square meters, citizens in different cities will make unequal payments.

The area of ​​the dwelling is also taken into account. And no matter how strange it may sound, the presence of an elevator in the entrance. After all, it must also be maintained! It is not difficult to guess that citizens who have an elevator will pay more. The age of the building also plays an important role. The older the house, the higher the payments.

Do I need to pay receipts for capitalrepairs? Yes, if by law. But citizens often refuse these payments, thus violating the established rules of housing maintenance. A sense of injustice is the reason that forces you to behave in this way. After all, the difference in payments across regions is seriously different. For example, in Moscow, a square meter of housing requires a contribution of 15 rubles, and in St. Petersburg - 2.5 rubles. It turns out that the residents of the capital almost 6 times more pay for major repairs.

Service and payment

Should I pay on a receipt for a major overhaul? This population has been resolving itself for a long time. Someone makes these payments, some still refuse them and act at their own peril. But if you do everything under the law, then every month you have to deduct a certain amount to the Capital Repair Fund.

Some refuse this penalty andtry to find a legitimate justification. The owners of housing begin to study the laws on consumer rights and the Civil Code. Initially, you have to demonstrate the goods, you are convinced of its efficiency, and then, if satisfied with everything else, make a payment. It is quite logical - if something does not suit, no one will oblige to buy the inappropriate thing.

Similarly, we can treat the situation withmajor overhaul. Theoretically, the KR Foundation offers you certain services. But you can not accurately assess the quality of the work done. It turns out that the population pays ahead. This is not entirely correct. Whether to pay on the receipt for major repairs (Voronezh, Moscow or any other city - it does not matter where exactly you live)? From this point of view, you can not make payment of bills. But, on the other hand, there are laws that oblige all to pay monthly installments for the repair of apartment buildings.

New buildings

With old buildings everything is clear - they are in anythe case will have to be repaired. Therefore such payments do not cause especially strong indignation among people living in old houses. But what about those who recently moved into a new building? Do I have to pay? Receipts for major repairs come to every apartment. And it does not matter how old your home is.

It turns out that citizens who live innew buildings, along with all the rest are required to make monthly contributions to the Fund for Capital repairs. But here again there is discontent on the part of the tenants. Why? The new house is not needed major repairs. Many simply can not live to the point when the building really needs a major overhaul. It turns out that money is paid for nothing. The result you most likely will not see.

And repair of apartments?

Have found out the column in receipts ЖКХ "Capitalrepair "? Can I not pay for this service? It has already been said that neither to refuse these foreclosures, nor to evade them on legal grounds will not work.Some believe that the major renovation includes the restoration of apartments.

No, this is a wrong opinion. The capital repair fund collects money resources taking into account the area of ​​this or that apartment, but is engaged in servicing only common household property. This includes:

• roofs;
• foundations;
• facades of houses;
• cellars;
• house counters;
• elevators;
• engineering Communication.

Everything else is being repaired by eithercitizen independently, or by agreement with neighbors. Such rules are currently in force in Russia. Of course, the repair of apartments is the business of every owner. He does this process at his own expense.

At one's own risk

Do I have to pay receipts for the capitalrepair (Voronezh, like any other city, establishes its tariff)? By law, you are required to make a payment. But as has already been said, many refuse this. What to expect in this case? And is it so dangerous to refuse monthly contributions to the Capital Repair Fund?

At the moment in Russia these paymentsequated to public services. This means that standard measures of debt collection will be applied to the population. Of course, you will not be disconnected, but they can invite you to the court. If the question of whether to pay a receipt for major repairs, you answered for yourself negatively, you can prepare for the following measures of punishment:

• seizure of property for the amount of debt;
• a ban on traveling outside the country;
• seizure of property;
• judicial debate.

Also, with arrears accrued interest. Therefore, the amount of your debt with each month will increase more and more. Think about the possible consequences. Did you receive a receipt for major repairs? Do I have to pay for it? Answer this question yourself, taking into account all the consequences that non-payers can expect.

Emergency homes

Do not despair! In fact, not everything is as bad as it seems. People can not refuse to overhaul. But here you can avoid paying fees. More precisely, get benefits for this payment. They are available only to a small number of citizens.

According to the Housing Code of the Russian Federation (169th article),exempt from contributions for capital repairs of persons who own property in emergency homes, as well as in buildings that are subject to demolition. Please note: if you have already made a payment to the Capital Repair Fund, and a month later the house was recognized as an emergency, or it was registered for demolition, the money you paid will have to be repaid in full.

For the state

What else should I pay attention to? If you are interested in whether you need to pay receipts for major repairs, do not be in a hurry to despair. In emergency buildings this payment is not made. And in houses that are subject to demolition, including. But these are not the only special cases when you can avoid contributions to the Capital Repair Fund.

For example, you own an apartment thatis in a house whose land passes to the state or municipality. Not too common case, but it takes place. When the land belonging to this or that building is given to the state, citizens can not pay for major repairs.

For sale of real estate

One small piece of advice: if you are planning to sell an apartment, pay off all debts. Major repairs must be paid in the first place. After all, according to the 158th article of the Housing Code, the buyer will receive all of your obligations under these payments (it is for overhaul, the debts for utility services to the new owner do not pass). I received a receipt for major repairs. Do I have to pay for it?

Sooner or later, the lack of contributions for the capitalrepair can play with you a cruel joke. Few will agree to buy an apartment with a big debt. Especially for overhaul, which is already causing a violent negative reaction of the population.

Summing up

Should I pay on a receipt for a major overhaul? The question is controversial. Laws in Russia indicate that every owner of a residential or non-residential premises located in a house must make contributions to the Capital Repair Fund on a monthly basis in fixed amounts. But only in practice, many refuse this payment. The law on making money for the overhaul of apartment buildings came not so long ago. And so far few have been punished for late payments.

Despite the discontent of the population, massthere are no refusals of this penalty. If you do not want to have problems with the law, and also calmly, if you want to sell your apartment, you are obliged to make payments for overhaul. So you definitely will not have any problems. Remember that the lack of payment for utilities entails negative consequences!