The overwhelming majority of apartments are now privatized. This is not a secret to anyone. The owners of such real estate at least once, but were interested in who should make repairs in a privatized apartment. For most people, the answer to this question is obvious - all work must be organized by the owner of the home. In other words, he can perform them on his own by purchasing the necessary material, or trust the professionalism of the masters from 3proraba.com.ua by paying for the services. This is not a completely correct opinion. Therefore, you should consider this topic in more detail.

What should the management company repair for free?

Many homeowners are often faced with the repair of utilities. At the same time, they think that all costs fall on their shoulders. This does not always happen this way, because in any multi-apartment residential building there is common property for which the management company is responsible. It is always indicated in the management contract. It must necessarily be concluded with all owners. Repair of such property is carried out at the expense of monthly fees that are part of utility bills.

So, in order to understand exactly what type of repairs the master of the management company must perform for free, you need to figure out what is the common property located inside the privatized apartment:

    Gas supply networks are directly a gas pipeline together with branches. Repair of such a system is carried out free of charge up to the stopcock.

    Risers and branches of cold water supply and hot water supply. Their repair is carried out free of charge up to the pipes, which are internal wiring.

    Risers with branches of the heating system. They are repaired by the management company up to the outlet pipes.

    Sewer risers together with branches, which include a branch pipe, tee or plug. They can be repaired free of charge up to the point where the supply lines are connected.

Also, metering devices installed in the indicated networks and located up to the stopcocks are repaired free of charge. However, the work will be performed by the masters of the management company, if, for example, any of the risers cannot be operated normally in the future, since it is rotten. When the owner has a desire to repair the toilet, and he wants to move the common pipelines to another place, or he simply does not like their configuration, then such a process must be paid out of his pocket.

It should be remembered that there is a list of equipment owned directly by the owner of the apartment. Its renovation is always carried out at the expense of the owner. Such equipment includes:

    Stoves powered by electricity and gas.

    Heating radiators.

    Individual meters that take into account the consumption of electricity, water and gas.

    Electric cables, light bulbs, electrical switches and sockets.

    All installed plumbing equipment, including mixers.

Note! The designated lists refer not only to a privatized apartment, but also to municipal housing.

Thus, it turns out that the property, which is used only by the owner of a single apartment, should be repaired at his expense. In other words, everything that does not go beyond the living area is the property of the person who was indicated during privatization. Therefore, all responsibility for such property rests on his shoulders. Consequently, the owner should be responsible for the repair of walls, ceilings, floors and other structural elements. He cannot apply to the management company for wallpapering, laying tiles and other building materials.

Advice! If you have any questions about the common property or disputes with the management company, then a specialist in this area will help you to deal with all the issues.

Removal of construction waste

Repair in an apartment can be different. It depends on the condition of the living space and on the wishes of its owner. During this process, debris always accumulates. Its amount may vary depending on the scale of the work. At the same time, any owner will certainly take an interest in who should take out the construction waste after the renovation of the apartment.

It is quite simple to get an answer to this question if you know that an agreement has been concluded with the management company, according to which it is obliged to provide utilities. It is in it that the list of works is indicated. You need to get acquainted with it carefully. There must be a point in it regarding the removal of household and construction waste. Therefore, such work is carried out directly by the utility provider. In the absence of a signed contract, the homeowner will have to hire a tractor or other special equipment.

Note! The cost of only a car with a carrying capacity of 2 tons is 550 UAH, and with loaders the price for the service is 850 UAH.

However, even if there is an agreement with the management company, it will simply not work to get rid of construction waste. It must not be mixed with household waste. Therefore, one of the most common options is the collection of construction waste in bags. They are transferred from the apartment to a garbage or specially designated area. They must not be stored near emergency exits. Also, bags should not interfere with different services and neighbors.

Refund of expenses for apartment renovation

Often, the arrangement of privatized residential real estate is carried out with the help of specialists from a construction company. Sometimes the work is performed poorly for various reasons. This may be the lack of professionalism of the craftsmen, a violation of technology or the use of bad materials. The deadlines for the execution of work are often disrupted.

In such a situation, naturally, every owner has a desire to know if it is possible to return the money for the renovation of the apartment. It will be possible to do this through the courts if the owner of the property entered into an agreement with a specialized company for the performance of construction and finishing work. At the same time, the judicial authority can still oblige the organization not only to return the funds spent, but also to pay a penalty.

As a result, the Supreme Court of the Russian Federation said that the very first decision in the district court case - that officials should fully reimburse repair costs - was correct, and it remains.

The prosecutor applied to the district court with a claim in defense of a tenant of a municipal apartment, a disabled person of the 3rd group. The citizen, according to the prosecutor, tired of the cold in the rooms, did on his own what the officials were obliged to do. Specifically, he changed the old windows in the whole apartment for new ones, from which it does not blow, and insulated the outer walls. According to the prosecutor, the employer has spent money, and now officials are simply obliged to return him the cost of overhaul.

The court agreed with the opinion of the supervisory authority. The court ordered the local administration of the municipality to reimburse the tenant for expenses. The officials were offended and protested this court decision.

The appeal canceled the decision of the district court and made another decision, according to which the municipality owes nothing to the disabled person, because the replacement of windows, in the opinion of the city court, is current repairs and the tenant is obliged to do it himself. But the prosecutor did not calm down and went on to defend the interests of the citizen. So the matter came to the Judicial Collegium for Civil Cases of the Supreme Court. There, the opinion of the prosecutor was supported and said that such repairs should be paid by the owner of the property.

These are the norms of legislation that the Supreme Court was guided by when making its decision. The court found that the apartment, the repair of which was the reason for the claim, was municipal and had long been in need of major repairs. In the end, the tenant could not stand it on his own, and most importantly - at his own expense, completely replaced all window blocks and made external wall insulation.

The appeal, when canceled the victorious decision of the district court for the disabled, stated that the apartment had been undergoing current repairs. The Supreme Court took the Housing Code into its hands and said that according to Article 65 of this code, the “landlord of the dwelling”, that is, the municipality, is obliged to make major repairs in the house. The Civil Code (Article 681) states that the overhaul of rented housing is the responsibility of the landlord. In the next article of the same Civil Code - 676th, it is written in black and white - the landlord is obliged: "to carry out the proper operation of the residential building, to ensure the repair of the common property of the house and devices for the provision of utilities located in the house." From the social tenancy agreement, which the tenant signed with the administration, it follows that the landlord is obliged to make major repairs in the house. And in case of non-fulfillment or improper fulfillment of his obligations for overhaul, a citizen has the right to demand reimbursement of his expenses for "eliminating the shortcomings of the dwelling."

And here is an important point, which the Supreme Court pointed out and which the majority of citizens do not know. It turns out that the tenant can, at will, not only demand reimbursement of repair costs, but can also ask for a reduction in rent if the owner of the home made his life in the rented house uncomfortable.

To uphold the legality of such a rule, the Supreme Court cited Articles 309 and 310 of the Civil Code. It says that the obligations stipulated in the agreement "must be performed properly. And unilateral refusal to fulfill obligations or unilateral changes in the terms of the agreement are not allowed."

The Supreme Court cited the home inspection report that appeared in the case. According to this document, the building was very old. Therefore, the roof fell into disrepair, all window blocks, the crowns of the outer wall beams rotted, and the foundation of the house must be strengthened.

In response to the appeal that wall insulation and replacement of windows are not major repairs, the Supreme Court quoted "An indicative list of works carried out during major repairs in residential buildings." This list is an appendix to the special resolution of the Gosstroy (dated September 27, 2003, No. 170) "On the approval of the rules and norms for the technical operation of the housing stock". Based on these documents, both windows and wall insulation are overhauled.

As a result, the Supreme Court of the Russian Federation said that the very first decision in the district court case - that officials should fully reimburse repair costs - was correct, and it remains.

about me and my team

Stroganov Kirill

I have been doing renovations for over 15 years. The best part for me is the solid list of satisfied customers.

My main task is to organize the repair process in such a way that it would be easy and pleasant when interacting with me and my team. I am as open as possible to you.

I will help you choose modern material, both expensive and not expensive.
I will optimize the estimate. Many years of experience allows me to offer you the optimal reduction in the cost of repairs without loss of quality, even in the premium class.

I managed to put together a great team that works smoothly. This allows you to clearly adhere to the terms of work, not go beyond the agreed estimate and save your time and effort.

We approach our work with pleasure, starting from creating a design project and ending with advice on arranging furniture and decorating a room.

How do customers cheat during repairs?

I want to say right away that the methods of deception I have described are not necessarily used by every foreman, but knowing about these tricks, you will protect yourself and save almost half the cost of builders' services.

What is the cost of the repair?

The cost of repairs is calculated using the formula:

  • Cost of materials + cost of work.

Everything seems simple, but from my own experience I know that most customers lose a lot of money on both components.

You can avoid unnecessary expenses only if you study the specifics of the repair well and stand "above the soul" of the repair team.

Cheat 1: Material Cost

After a couple of years of constant work in the field of renovation, I made friends from the sales of building materials.

Almost every experienced foreman has similar connections. Thanks to close cooperation and constant purchases, I can buy cement with a 20-30% discount. However, clients do not know about this, because the builders forge receipts:

  • The check indicates the real cost, although in fact the buyer was given a discount.
  • The receipt indicates expensive material, but it is not used. Instead, a cheap analogue is used for repairs. This is fraught with poor-quality repairs, and not just lost money for consumables.

Important

Buy materials yourself or check everything after purchase by builders. This approach is more expensive from the words of the masters, you will be sure of the quality of consumables.

Cheating 2: Cost of Works

The initial estimate and the final one may differ 2-3 times, so do not trust too much ads with cheap finishers services.

Here are the tricks I've come across from personal experience:

  • Incorrect calculation of the amount of work.
    Customers rarely know the area of ​​an apartment, so the contractors deliberately overestimate it before starting work, and sometimes during the renovation process.
  • The opposite method is to understate the volume when the builders “forget” to turn on the balcony. It will be repaired anyway, but it will be added additionally.
  • Initially, the cheap cost of services in the process of repair is overgrown with additional types of work, as well as speculation with materials. Due to this, builders will remain in the black.

Attention

Renovation cannot be cheap a priori. Don't choose the crews with the lowest prices. Select 20-30 offers and choose the best of them for the price and qualifications of the performer.

Whom to choose: a private trader or a company?

The advantage of choosing a private owner when renovating an apartment will be:

  • Cheap services, as in construction companies the payment will be higher. In addition, clients often start bargaining, especially if they order a complete renovation of the apartment. In companies, discounts are not provided or are provided as a bonus in resolving conflict situations.
  • Communication directly with the performer from the very beginning, there is no need to indirectly contact the head office in order to resolve the shortcomings in the work of specialists.
  • Combination of specializations. Almost every fitter today has experience working with an electrician. Or he can advise another private trader who will solve problems with wiring or plumbing for a small price.

Despite the low cost of a private trader's services, I often come across clients who do not trust lone craftsmen and choose companies.

Ordering a repair in the company - the pros:

  • Mandatory drawing up of a service contract.
    With the help of this document, it is easier for the client to follow the progress of the repair work. The contract provides guarantees that reassure the customer.
  • A wide range of services.
    The teams of construction companies often employ high-class specialists. In addition, an interior designer works, and during the repair, the craftsmen will be able to install a fireplace, a bas-relief on the walls and decorate an artistic ceiling painting.
  • Quality of work with a guarantee
    The company employs experienced professionals. At the same time, any defects due to the fault of the builder are removed free of charge. Due to this, the probability of jambs is minimal, but not excluded.

The final choice remains with the customer. Because the priorities are all set independently. Private owners with low cost of services do not necessarily make bad repairs. And the contract signed with the company is not always a 100% guarantee of repair.

Cheat 3: One-day Firm

A fairly popular divorce in major cities is a one-day construction firm. You conclude an agreement with them, pay an advance payment for materials and work, but no one starts to work within the specified period. There are two options for the development of events:

  • Soap bubble. The company is a fiction. Such organizations within a short time recruit many objects, charge them in advance, and then disappear. It is impossible to return money after such a scam even after going to court.
  • Mediator. One-day companies will provide services that boil down to finding craftsmen. In this case, the payment is made to the intermediary, but the employees themselves do not see the money. In this case, the repair may even be completed, but the workers will not receive their money and will begin to demand it from the owner of the apartment, since by the end of the repair the intermediary will quietly disappear with the money.

Advice

Choose a construction firm you've heard of. Ignore positive reviews online, rely on advice from friends, family, or neighbors. This is the only way to get 100% quality repairs from a real organization. In addition, you can immediately assess the quality of the work.

The first step of the renovation is the choice of the contractor

Nobody forces the customer to agree to the terms on the first announcement. Even the visit of the master to the object to assess the field work does not mean that it is with them that you will work. But at this stage, you can understand how honest the repair will be.

For the first time, 1-2 people come to the object, among whom there will certainly be a master. This is necessary to measure the apartment and estimate the cost of work. Please note that this estimate is indicative. The final amount can vary greatly. Indeed, during the assessment, employees "forget" to calculate the cost of repairing the balcony.

Potential performers are trying to charm the customer and immediately conclude a contract. But I do not recommend rushing in such cases. The visiting master-measurer will not carry out repairs with his own hands. Perhaps a brigade of Uzbeks will come to the apartment.

Cheat 4: Measurements

To assess the cost and scope of repairs, it is necessary to measure the apartment. The area of ​​the walls, ceiling is calculated, slopes and corners are taken into account. Already at the first assessment, you may be told that the area of ​​the apartment is too high. This means that the price of repairs will be higher, because here the square meter of the work performed is taken into account.

For your information

It is difficult to measure all the required angles on your own. But if you do not want to be deceived, it is imperative to know the area of ​​housing.

The second step of the repair is setting the repair time

When concluding a contract, the customer should boldly raise the issue of the timing of the repair.

Some private owners deliberately delay the delivery of the object and use your apartment to live and have fun in it for free. Constant control over the repair will help to avoid this, so do not be lazy to go to your apartment without prior notice to the construction team.

For your information

When performing work, private traders usually do not conclude a contract. Therefore, it is the biggest problem to control compliance with the deadlines.

The terms of repair are determined individually for each object, depending on what work will be carried out and the time of year. For example, the plaster should stand until completely dry for a day, and the concrete screed should be dried for 2 weeks. Such nuances of construction work affect the deadlines.

In general, the usual cosmetic repairs in a one-room apartment of a panel house can be done in a couple of weeks. But if you attract good specialists, then you will have to wait about 2 months, repairs with redevelopment will have to wait about six months.

Cheat 5: Timing

When concluding a contract, you are unlikely to be told the real terms of the repair, so do not trust the "fast" masters who promise to do everything in a couple of days. For private traders, the quick completion of an object is not always a priority, because while the floor in your apartment dries, it can begin repairs at another object.

How to understand that repairmen are delaying work

A popular excuse for slow work is that there is no material (not enough plaster, problems with purchasing, and so on). In such situations, it is best to start purchasing materials yourself, and also study the timing of each type of work. Fortunately, it is very easy to find such information via the Internet.

The third step is the renovation itself: what else is it used for?

The best customer is the one who gives money on demand and never asks questions about what it was spent on. If you do not want to delve into the essence of the repair work, be prepared to overpay 2 or 3 times for the service. If you want to get quality repairs without overpayments, ask the builders questions about each step.


Acceptance of hidden works as a way to control repairs

Very often, during repairs, money is saved on poor-quality work, so check all the steps that were indicated in the estimate. It is best to sign a contract with a construction company, where a separate item will go "Acceptance of hidden works" -

Acceptance of hidden work means that the team does not have the right to proceed to the next stage of work until the customer accepts this one. For example, priming the walls. Do not be lazy to drive to the apartment yourself during the renovation, this is the only way to control the process.

After renting the apartment, it will be difficult to check whether the walls are covered with insulation. And not everyone wants to redo the repairs in a year.

Cheating 6: Paying for Backlog

One of the reasons why it is necessary to prescribe a clause on the acceptance of hidden works in the contract is identification in the estimate of what was not carried out. Once the parquet has been laid, you will not be able to check if the floor has been leveled. This also applies to many other working points.

Ask for a clear report of each step before repairing and check each step. This can be tiresome for the customer and not always pleasant for the contractor, but if you do not trust them, it is better to play it safe and check everything.

REFERENCE:

Uncompleted work indicated in the estimate leads to poor-quality repairs. A missed step in a couple of months can come back to haunt with broken tiles and peeling wallpaper. And no one will redo such a repair.

Cheat 7: Extra work

This option of ripping off money from a client has something in common with the previous one. There are some compulsory jobs, but often builders impose additional services that are not needed. For example, leveling an already flat floor. These works are not carried out, since they are not necessary for technical indicators, but they are indicated in the estimate.

The specifics of the repair are not clear to everyone, so many customers simply agree that this stage was needed and pay for it at an additional rate. This will not affect the quality of the repair, but the client will lose part of his money.

Cheat 8: Stealing Materials

Even if the client tried to protect himself and bought all the materials himself, repairers can simply request the wrong number of bags of cement, and take the extra ones for themselves. This happens very often. Moreover, the "saved" bags never stand idle. The team will be able to use them for repairs at another facility, including it in the price for another client. It turns out that 2 clients will pay for a bag of cement at once, which means that the difference will go into the pocket of the repairmen.

How to protect yourself?

It is not easy to save yourself from this fate. I recommend that customers familiarize themselves with the technical characteristics of the material. The manufacturer indicates the consumption of material on each bag. Knowing the area of ​​the apartment, you can roughly calculate how much putty or glue is required.

But don't overdo it with such calculations. Manufacturer's stated consumption is approximate. If it is necessary to level the walls, then the plaster will be applied in 2 or even 3 layers. From here, problems with calculations can arise.

Advice

Don't be afraid to ask where and how much of what went. Be meticulous. Perhaps this will save you some money.

Cheat 9: Jobs Pop Up Out of Nowhere

Sometimes in the preliminary estimate the finishers "forget" to indicate the important stage of the repair. For example, plastering the walls before wallpapering. When it comes to this stage, the client understands that it is impossible to do without it. This increases the final estimate of the repair.

It is because of such "forgotten" nuances that the final estimate can be 2-3 times higher than the one stated initially. Read carefully all stages of work before concluding a contract. It is also recommended that you familiarize yourself with certain documents that describe the procedure and quality for repairs:

  • SNiP on Insulation and finishing coatings;
  • SNiP on Internal sanitary systems;
  • SNiP on Electrical Devices;
  • GOST R52059-2003 on Services and repair of housing.

From them you can find out what kind of work should be carried out and what quality standards are allowed for them. If during the repair you notice deviations, ask the craftsmen to redo it. They are obliged to redo it for free, you will have to pay only for the re-taken materials.

Cheat 10: Revenge on the Customer

Craftsmen often leave "gifts" to their clients.

Of the ones I've come across:

  • A raw egg embedded in a wall. After a while, it will start to rot and stink throughout the apartment. Determining the source of an unpleasant odor is not easy. But even after you realize that it is in the wall, you will have to completely "strip" the walls and repair them again.
  • Plastic in ventilation or chimney. To do this, take an ordinary transparent bottle and cut it so that you get a flat part. It is inserted into a chimney or ventilation. As a result, when renting an apartment, even if you look into the chimney, you see the sky. But when you start using it, the hood will not work.

These are just the most popular ways to take revenge on an unpleasant customer. Compared to them, the dirt after repair does not seem to be such a big miscalculation. You need to rent out an apartment for renovation completely "naked", otherwise you risk missing your property. And something may just be spoiled.

It is impossible to protect yourself from the vengeance of the builders. However, large finishing companies value their reputation, therefore, if such shortcomings are identified, they can meet the dissatisfied client halfway. However, poor-quality repairs, most likely, will not be redone for free.

At each point of deception, the finishers receive from 1 to 20 thousand rubles. It's okay if you were deceived only once during the repair. But if a small amount is added for each item, the repair may turn out to be just "golden". This can be avoided only with constant monitoring of the repair work, as well as the conclusion of an agreement with the company that you have heard of. Better yet, do the repair yourself. Then, for sure, no one will deceive you, but the quality of such repairs will be much worse.

Comparison table and cost of losses

Trick Name

The essence of deception

Losses (in rubles)

Cost of materials

Overpricing consumables

Service cost

Understatement of prices for services at the stage of company presentation

One-day firm

Receiving an advance payment for repairs, after which the company disappears

From 50,000 (30-50% of the amount at which the repair was estimated)

Incorrect calculation of the amount of work, overestimation of the area

Up to 20,000-50,000

Deliberately delaying the delivery of the object

Priceless - your time is the most precious

Backlog of work

Payment for services that have not been performed

5,000-10,000 for each type of work

Extra services

Payment for services that were optional and not needed by the customer

ZhK RF).

A fee is charged from apartment owners and tenants to finance the current repairs of common property in an apartment building. The payment for the overhaul of the common property is not charged from the tenants, the apartment owners are charged (clause 5 of part 3 of article 67, part 1, 2 of article 154, article of article 156,,, RF Housing Code; sect. III of the Rules, approved by Decree of the Government of the Russian Federation of 13.08.2006 N 491; question N 4 of the Review of judicial practice of the Supreme Court of the Russian Federation N 2 (2015), approved by the Presidium of the Supreme Court of the Russian Federation on 26.06.2015).

The main burden of maintaining in good condition and current repair of common property in an apartment building is borne by a management company elected by the general meeting of apartment owners, HOAs, housing cooperatives or housing and communal services (DEZ) in municipal buildings (Article 65, RF Housing Code) ...

Reference. Maintenance of common property in MKD

The maintenance of common property in an apartment building is understood as a set of works and services aimed at maintaining this property in a condition that ensures compliance with the reliability and safety characteristics of an apartment building, safety for the life and health of citizens, safety of their property, accessibility to use of residential and (or) non-residential premises , common areas, as well as the land plot on which the apartment building is located, the constant readiness of utilities, metering devices and other equipment that are part of the common property for the provision of utilities ( p. 10 Of the rules, approved. Decree of the Government of the Russian Federation of 13.08.2006 N 491).

Accordingly, these organizations are obliged to repair property that belongs to the common property of MKD without additional payment.

Common property in MKD, subject to free repair

The structure of the common property includes, among other things:

  • in-house engineering systems of cold and hot water supply, consisting of risers, branches from risers to the first disconnecting device located on the branches from the risers, the indicated disconnecting devices, collective (common house) water metering devices, the first shut-off and control valves on the outlets of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks;
  • in-house engineering gas supply system, consisting of gas pipelines laid from a gas source or the point of connection of these gas pipelines to the gas distribution network up to and including shut-off valves (valves) located on branches (drops) to in-house gas equipment, gas-using equipment (with the exception of household gas-using equipment included in the composition of in-house gas equipment), technical devices on gas pipelines, including control and safety valves, gas control systems in premises, collective (common house) gas meters, as well as gas meters recording the volume of gas used in the production of public heating services and (or) hot water supply;
  • an in-house heating system, consisting of risers, heating elements, control and shut-off valves, collective (general house) heat energy meters, as well as other equipment located on these networks;
  • in-house power supply system, consisting of input cabinets, input and distribution devices, protection, control and management equipment, collective (general house) electric energy meters, floor panels and cabinets, lighting installations of public premises, electrical installations of smoke removal systems, automatic fire alarm systems internal fire-fighting water supply system, freight, passenger and fire elevators, automatically locking devices for entrance doors of MKD, networks (cables) from the external border to individual, common (apartment) electricity meters, as well as other electrical equipment located on these networks (p. p. 5 - Regulation N 491).

To resolve the issue of who should make repairs - the owner and tenant of the apartment or the housing and communal services service, it is necessary to determine the internal boundaries of communal engineering systems, according to which their operational responsibility will be delineated.

So, for example, branches from risers of hot and cold water supply after shut-off and control valves, including shut-off and control valves in the apartment and plumbing equipment, are not included in the operational responsibility of the housing and communal services service.

At the same time, the boundaries of operational responsibility can be documented, for example, in an agreement with the management company or in an annex to it (Letter of the Ministry of Construction of Russia dated 01.04.2016 N 9506-ACh / 04).

In the event of an accident or breakdown of the equipment located in the apartment, but related to common house equipment, the management company (HOA, housing cooperative) is obliged to carry out its current repairs free of charge (see, for example, the Decision of the Supreme Court of the Russian Federation of 11/30/2011 N GKPI11-1787) ...

In addition, if the need for repairs inside the apartment is caused by improper provision of utilities, it is possible to demand from the housing and communal services service to reimburse the costs incurred for repairs or repairs at the expense of the service (clause 149, Resolution of the Government of the Russian Federation of 05/06/2011 N 354).

Equipment not subject to free repair

From the above regulations, we can conclude that the management company of your house (HOA, housing cooperative) or DEZ are not obliged to repair the following equipment free of charge:

  • individual metering devices for water, gas, electricity;
  • gas and electric stoves;
  • plumbing equipment located in the apartment (mixers, taps, bathtubs, sinks, toilet bowls, water heaters and similar equipment);
  • pipes and bends located on the branches from the risers after the shut-off device or shut-off and control valve;
  • intercoms located in the apartment;
  • electrical cables, sockets and other electrical elements located inside the apartment;
  • other equipment and property not related to common property and serving only one apartment.

Controversial cases

The greatest number of disputes with housing and communal services is caused by the attribution of in-house heating radiators to common property. This is due to the fact that it is difficult to clearly define the internal boundary of operational responsibility for heating networks. Therefore, the position regarding radiators is ambiguous. There is an opinion, supported by individual courts, that in-house radiators are common property (Letter of the Ministry of Regional Development of Russia dated 09/04/2007 N 16273-SK / 07). However, it is not the only one. So, the Supreme Court of the Russian Federation indicated that only those heating elements of the heating system (radiators) that serve more than one apartment (located outside the apartments in stairwells, in basements, etc.) ( Determination of the Supreme Court of the Russian Federation of November 24, 2009 N KAS09-547).

There is also an opinion that radiators are not common property if they have disconnecting devices. The absence of a disconnecting device on the radiator confirms that the heating device in the apartment (heating radiator) is an element of a single common house heating system.

Prepared based on material

lawyer Bogatkov S.A.

Payment for overhaul in the house (8 apartments), where 82% of the area is rented. How to oblige the municipality?
Willow writes 04.04.2012:
The situation is like this for my sister. The house is 55 years old, they made a cap. rem. 50 years ago, when the stoves were removed. After a stream of complaints at the general meeting, it was decided to draw up an estimate for the cap. repair and decide how much to collect. They collect a year at a rate of 6.18 * 319.06 m2 * 12 months = 23.061 rubles A ridiculous amount and what can be done for it, you understand.
(1) According to the decree of December 21, 2011, 1077 cannot increase the tariff for cap.rem. for the Leningrad region more than 6.9 rubles, do I understand correctly?
(2) Are there any laws where it would be spelled out that the municipality must contribute the lion's share to this cap. renovation, since in fact this is their home. ???? What documents are used for this?
(3) Since nothing was done by cap. repair, then can they get their money back for the last 3 years. after all, they settled in the budget of the municipality (only through the courts, right?) or can they simply demand to include them in the estimated cost? Thanks for the answers, I am so pleased with the site and recommend it to everyone I know.

I answer:
I would not say that this is a ridiculous amount. If you use it wisely, you can benefit from this amount. I would like to note that an apartment building is accepted taking into account the proposals of the management organization on the timing of the start of capital repairs, the required amount of work, the cost of materials, the procedure for financing the repair, the timing of reimbursement of expenses (part 2 of article 158 2 of the RF Housing Code). That is, just paying the n-th amount per month "for nothing" is contrary to the RF Housing Code.

(3) Taking into account Part 2 of Art. 158 this can be regarded as. I recommend going to court. The payment for the overhaul was probably paid to the management organization - and it is necessary to demand a return from it.

The general recommendation is as follows: Draw up a plan for overhaul, estimate their cost. This should be a real plan, with which the owners themselves (including the municipality, of course) will agree. Find the local funding procedure for the municipality's share of the capital repairs of apartment buildings (if applicable). Prepare documents in accordance with it (decision of the general meeting, estimate) or, if it is not there, just a written application to the municipality with supporting documents attached.

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