Benefits for paying for overhaul of the house

Legal grounds to obtain compensation for contributions for overhaul completely or partially have only some categories of citizens.

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What are contributions to overhaul

To determine the concept of contributions to the overhaul, it is necessary to refer to the provisions of Article 169 of the LCD RF. This legal act establishes the obligation to pay such a type of contribution and determines the regularity of their introduction.

The funds made must accumulate on the accounts of a specially created foundation. They have a targeted purpose and are needed to eliminate the shortcomings of residential buildings (overhaul). Such means have a cumulative nature.

Payment of contributions must be personally owned by the owners of apartments in the deadlines, which are established for the work of payment for housing, as well as utilities. If the transfer of funds are made to the overhaul fund formed by the regional operator, then obliged persons transfer funds on the basis of payments that the regional operator should set. The procedure for paying, in this case, can be changed by the laws of the constituent entities of the Russian Federation.

If a special account has been formed to accumulate funds for the contributions for overhaul (Art. 175 LCD of Russia), then the payment must be made in the deadlines set to pay for housing and utilities services, if the procedure and terms of payment were not established at the General Meeting All owners of housing in this house.

The duty associated with the payment of these funds, the owners of housing begins with the end of the 8 months of the period after the relevant regional overhaul program has been published after its preliminary approval.

If we are talking about contributions to the overhaul of the house, which was commissioned, the owners of housing are obliged to pay them to pay them at the end of the term, which should be established by the state authority. The authorities of the subject of the Russian Federation, for implementation, pre-approved regional program for overhaul and its update. Such a duty may not occur later than the five-year period from the date when a particular apartment building was included in the specified regional program by overhaul.

In such cases, the method to be formed by the fund for overhaul is determined by the owners of housing of an apartment building. The decision about this is accepted no later than 3 months before the owners of housing arises the duty to pay the specified type of contributions.

To whom benefits are provided for overhaul and their size

From January 1, 2016, an Federal Law No. 399-ФЗ changed by the changes that were supplemented by Art were operated on December 29, 2015. 169 LCD RF, and Troost. 17 FZ dated November 24, 1995 N 181-FZ "On Sociable Disabilities in the Russian Federation". The innovations touched upon the legal possibility of obtaining benefits with certain categories of persons. Article 17 of the Law N 181-FZ establishes a circle of persons who possess benefits. These include:

• disabled 1, 2 groups;
• citizens who have dependent children with disabilities;
• disabled children;

Size of benefits

Article 169 of the LCD RF is supplemented with part 2 1, which involves the possible payment of compensation and establishes the right to receive benefits, on the payment of contributions for overhaul as the following categories of citizens:

• the owners of residential premises who live alone, do not work and reached the 70th age (50% of compensation of mandatory contributions);
• the owners of residential premises who live alone, do not work and reached 80 years (100% benefits);
• residential families of pensioners who do not work are the owners of the premises and reached the 70th age (50% of compensation of contributions);
• residential families of pensioners who do not work are the owners of the premises and reached 80 years of age (100% of compensation of contributions);
• Regarding the changes to the FZ N 399-F, which supplemented part 2, article 169 of the LCD of the Russian Federation, it is necessary to give an explanation.

Can beneficiary not pay contributions

Part 2 of 1 Article 169 provides for the possibility of providing compensation after making an agreement with the subject of the Russian Federation, thus establishing the dependence of obtaining compensation for the costs of payment of contributions to the overhaul for certain categories of persons, from making changes to local legislation.

That is, for the realization of the new provisions of the LCD RF, the subject of the Russian Federation should adopt a relevant law, providing for the provision of such compensation to these persons.

It is important: it should also be noted that the new changes in the LCD of the Russian Federation do not cancel the obligations of payment of contributions for the preferential category of persons, and suggest with appropriate changes to local legislation, compensation of costs incurred in the form of granting subsidies.

That is, citizens of the preferential category are obliged to pay contributions in accordance with the payments issued by them, until changes are taken to local laws that will allow them to receive compensation.

Who is exempt from paying contributions

Paragraph 2 of Art. 169 LCD RF, established circumstances under which apartments owners are exempt from payment of contributions.

Obligations on the payment of contributions from apartment owners do not occur in cases where their home is recognized as an emergency in the manner that establishes the Russian government and is subject to demolition. Also, in cases where the agencies or local governments decided that the Earth on which the house stands should be withdrawn for state or any municipal needs and all residential premises of this house will be seized. Also, contributions will not pay housing employers and persons established by the provisions of Article 170 and 181 of the LCD Russia.

As for the categories of persons recognized as low-income and benefits for housing and utility services, then on their preferential position, due to the obligations of payment of contributions to the overhaul, this will not affect. The fact is that contributions are included in the residential premises (Art. 154 LCD RF), that is, the effect of benefits and subsidies will be applied to this type of contributions.

In addition, given the guaranteed state support, the right to receive the subsidy appeared from those citizens who did not receive subsidies before the introduction of this type of contribution, since their costs for payment for LCD services will be included in the overhaul, may exceed the maximum permissible share set in the regions In the aggregate family income.

Contribution size

The amount of contribution to the overhaul is determined by the subjectable subject of the Russian Federation separate NPA. It must be determined, based on the area occupied by the owner of the residential premises of the apartment building, taking into account some features of the house type: the cost of overhaul of individual elements of the design, engineering systems of the house, as well as other specifics of calculating the size of this contribution (order of the Ministry of Passion of Russia from 07.02.2014 N 41 / PR, which approved the method for calculating the size of the fee).

Procedure for registration of benefits

Together with the changes that relate to the obligation to pay contributions to the overhaul, and individual additions to the housing code are made, including this type of expenses in payments on the LCD services for which the subsidy can be issued. It is necessary to clarify that the subsidy is applaining, and the housing owner should apply to the subsidy housing department. The rules for obtaining a subsidy are defined by the provisions of Art. 159 LCD, as well as a decree of the Government of the Russian Federation of 14.12.2005 N 761, regulating the provision of subsidies.

Based on the provisions of federal legislation, the right to receive benefits and subsidies in the amount established by law are:

• labor veterans;
• war disabled people;
• went participants;
• rehabilitated persons;
• categories of those citizens who were exposed to radiation;
• families recognized by large families;
• other categories of citizens in accordance with the law of N 399-ФЗ changed.

In order to determine the presence of the right to the owners of residential premises for granting them subsidies, as well as to calculate their size, the standards of individual regions should be applied. They relate to the regulatory area of \u200b\u200bhousing, which is used to calculate subsidies, the size of the cost of utility services and the maximum share of all costs associated with housing, which citizens carry in total family income (FZ dated 25.12.2012 N 271-FZ, from 29.06.2015 N 176 -FZ, Art. 159 LCD RF).

It is also necessary to know that subsidies, and, accordingly, the benefits of contributions to overhaul are provided only to those owners of housing, which have no debt associated with paying housing and utilities services (part 5 of Art. 159 LCD RF).

For registration of benefits to receiving compensation for contributions to the overhaul, you need:

• To obtain accurate information about whether the house is registered with the regional program for overhaul in the Department of Construction or Organization, which serves a multi-apartment building.
• Pay off debt for utilities if it exists.
• Get a payment document that will be the basis for enumerating the amounts specified in it for overhaul.
• To obtain a document that confirms the right to receive benefits, as well as receipts on payment of the first contribution to the overhaul, it is necessary to contact the territorial organization, which is engaged in the design of benefits (as a rule, this is MFC, compartment of social protection) or use Internet resources. All the necessary information can be obtained on the Public Services portal (https://www.gosuslugi.ru/)

Important! If for a 2 month term of the person who have benefits on the overhaul contribution will not pay utility payments, the granting subsidy will be suspended. They will be given time to repay debt.

List of documents

In a package of documents that must be provided to authorized authorities include:

• Documents identifying personality (family member passport).
• A document that gives the right to receive a subsidy (confirming the person's belonging to the category of citizens with the right to benefit).
• Statement.
• Receipt confirming payment of the contribution per cap. Repairs.
• Certificate of income (except for non-working persons).
• A document that establishes ownership of housing.
• House book (extract).
• Document, about the absence of debts on utility services.
• Facial account for transferring subsidies.

Documents may be submitted by the applicant personally, as well as through their representative (if there is a recent notarial power of attorney, indicating the necessary amount of rights).

Popular questions

What will happen if not to pay contributions to the overhaul?

If the obligated person will not be paid in time for the established account on overhaul, the one plus the accumulated duty of the host of housing, he will have to pay the accrued penny on the amount of the debt in the amount of the 1/300 financing rate of the Central Bank of the Russian Federation.

This penalty sanction will be charged for every day of delay in payment (part 4 of Art. 75 Tax Code of the Russian Federation). In the event that the owner of the housing will ignore the payment, it threatens the fact that the company is a counting holder to contact the judicial authorities with a claim for which the amount of debt will be recovered from the defendant.

According to the specifics of housing legislation, debts that concern the fees on the overhaul follow the fate of the apartment. That is, in the case of alienation of housing, new owners will receive an apartment with debts. This means that they will be obliged to pay all existing debt obligations regarding this category of payments (clause 3 of Art. 158 LCD RF).

Is it possible to refuse to pay?

According to the standards of housing legislation, this type of contribution relates to mandatory payments. Based on this, if there are no documents that will confirm the owner's belonging to the preferential category of persons who have the right to not pay this type of contribution, to refuse to pay it, it is impossible.

I live in a new building, why should I pay contributions?

The housing legislation of Russia provides for the occurrence of the obligation to pay contributions from the hosts of the housing of those houses that are put into operation, if their house is included in the regional overhaul program, and the local authority is established. However, such a term may not exceed 5 years from the date, when a particular house was included in such a program of regional overhaul part. 5.1 of Art. 170 LCD RF.