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Explanation of provisions of the federal legislation on fee in housing sector

Explanation of provisions of the federal legislation

about fee in housing sector

The duty of the maintenance of the general property in an apartment house is established to Art. 39 of ZhK Russian Federation according to which owners of rooms in an apartment house bear burden of maintenance costs of the general property in an apartment house. The share of obligatory maintenance costs of the general property in an apartment house which burden is born by the owner of the room in such house, is defined by a share in the right of the general property for the general property in such house of the specified owner.

By point 29 of Rules of the maintenance of the general property in an apartment house and rules of change of the size of a payment for the contents and repair of premises in case of rendering services and performance of work on management, the contents and repair of the general property in an apartment house of inadequate quality and (or) with the breaks exceeding the established duration (further in the text of the Rule), approved as the Resolution of the Government of the Russian Federation of 13.08.2006 No. 491, it is established that the payment for the contents and repair of premises is established in a size providing the maintenance of the general property according to requirements of the legislation of the Russian Federation including payment of maintenance costs and repair of intra house engineering networks electro - warm, gazo-and water supply, water disposal, including reclamation of debt from owners of the rooms which are not fulfilling properly the obligations for payment of premises and utilities.

About same it is told and in item 1 of Art. 158 of ZhK Russian Federation: the owner of the room in an apartment house is obliged to incur maintenance costs of the room belonging to it, and also to participate in maintenance costs of the general property in an apartment house is proportional to the share in the right of the general property for this property by introduction of a payment for the contents and repair of premises.

According to point 30 stated above Corrected the maintenance of the general property it is provided:

a) owners of rooms - at the expense of own means;

b) owners of premises - the citizens having the right for subsidies for payment of premises and utilities - at the expense of own means with use of the subsidies provided to them;

c) owners of premises - the natural persons who received (receiving) according to federal laws, laws of subjects of the Russian Federation and regulations of local governments a compensation for expenses (part of expenses) on payment of premises and utilities or on the monetary payments provided as measures of social support of citizens for payment of premises and the utilities provided from the relevant budgets - at the expense of own funds with use of compensations for expenses for payment of premises and utilities or the corresponding monetary payments;

d) owners of premises - the citizens who received (receiving) a privilege on payment of premises and utilities before modification of federal laws and other regulations regarding replacement of an order of granting privileges to citizens on payment of premises and utilities much granting according to article 160 of the Housing code of the Russian Federation of compensations - at the expense of own means taking into account the discounts established by the federal laws and other regulations adopted before introduction of the Housing code of the Russian Federation, and the subventions provided from the relevant budgets on implementation of the target expenses connected with granting the specified discounts.

Subsidies for payment of premises and utilities (further - subsidies) are provided to citizens in case their expenses on payment of premises and utilities calculated proceeding from the size of the regional standard of the standard area of premises used for calculation of subsidies, and the size of the regional standard of cost of housing-and-municipal services established by rules of part 6 of the present article exceed the size corresponding to the most admissible share of expenses of citizens on payment of premises and utilities in the cumulative income of a family. The sizes of regional standards of the standard area of premises used for calculation of subsidies of the cost of housing-and-municipal services and the most admissible share of expenses of citizens on payment of premises and utilities in the cumulative income of a family are established by the subject of the Russian Federation (Art. 159 of ZhK Russian Federation).

 

 

assistant prosecutor of the city

 

junior adviser of justice E.V. Alferova