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Currently, owners of residential and non-residential premises are obliged to pay contribution for capital repairs of an apartment building. The obligation to pay contributions for capital repair arises from the moment of occurrence of the right of ownership on premises. If there are arrears of payment of contributions for capital repair in the apartment house, the arrears of contributions for the overhaul goes to the new owner by part 3 of article 158 of the housing code. If the apartment was municipal, and the arrears of contributions for capital repairs were made at owner of premises (city administration), in this case, the arrears of contributions for capital repair after the privatization of the apartment under the contract of transfer of premises in the property of citizens is not transferred because of part 3 of article 158 of the housing code.
According to part 3, article 158 of the housing code the obligation to pay expenses on capital repairs of common property in apartment building applies to all owners of premises in this house since the emergence of property rights on the premises in this house. When the transfer of ownership of premises in an apartment house to the new owner becomes the obligation of previous owner on payment of expenses on capital repairs of common property in an apartment house, including not executed the previous owner of the obligation to pay contributions for capital repairs, except such obligations not fulfilled by the Russian Federation, subjects of the Russian Federation or a municipal formation, which the previous owner of the premises in an apartment house.
currently, in the order established by the legislation of the Russian Federation subject to certain owners of premises in an apartment house can get compensation to pay contributions for the overhaul. Contributions for the overhaul required to pay all owners of premises in an apartment house, regardless of age, but certain categories of citizens can receive compensation and contributions for capital repairs.
In accordance with the law of the subject of the Russian Federation in h. 2.1 article 169 of the housing code eligible for compensation of contributions for capital repair of common property have one of the following categories:
living alone unemployed housing owners aged 70 years – 50 % compensation of the fees paid; living alone unemployed owners of the residential premises under the age of 80 years – 100% compensation from paid contributions; living in family composition unemployed citizens of retirement age, (proprietors of premises) upon reaching 70 years – 50 % compensation of the fees paid; living in family composition unemployed citizens of retirement age, (proprietors of premises) under age 80 – 100% compensation from paid contributions.
the Draft Federal law of 29.07.2018, No. 226-FZ "On amendments to article 169 of the Housing code of the Russian Federation" was amended in part 2.1 article 169 of the housing code. The draft law is planned to expand the circle of persons entitled to compensation for payment of contributions for capital repairs of an apartment building. The right to compensation of contributions for payment overhaul will also have one of the following categories:
living in family composition, consisting only of living together, unemployed pensioners; unemployed persons with disabilities of I and (or) II groups.
the composition of family is determined by the number of registered persons in a residential area where the owners are pensioners and (or) disabled. If in a residential area was also other persons, owners, pensioners and (or) persons with disabilities are denied compensation for payment of contributions for capital repairs. The draft Federal law shall enter into force 01.01.2019 G.
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