Major and current repairs of structures and buildings- types of organizational and technical measures aimed at eliminating moral and objects. There are a number of differences between them. Let's look at them in the article.

Major renovation

It includes the elimination of malfunctions and defects in worn-out elements of the object. Some of them can be replaced with new, more durable ones.

During the overhaul the following may be replaced:

• Concrete and stone foundations.
• Load-bearing walls.
• Frame structures.

In addition, redevelopment of the structure, installation of additional engineering systems, and landscaping of the surrounding area can be carried out.

Types of overhaul

Major repairs can be selective or comprehensive.

The latter involves replacing engineering equipment and structural elements or upgrading them. The work may cover either the entire structure as a whole or individual parts of the structure.

During selective overhaul, partial or complete replacement of individual structures and elements, as well as engineering equipment, occurs. Such measures are aimed at compensating for physical and functional wear and tear.

Current repairs of structures and buildings

The frequency of its implementation is determined taking into account the climatic conditions in which the structure is operated. The technical condition of the elements and the mode of use of the object are also important.

Repairs are carried out at intervals that ensure the most efficient use of the facility. The work is carried out after the building is put into operation before major repairs or between major repairs.

Justification for current repairs of buildings and structures

To ensure safety, they must be carried out Maintenance, current repairs, operational control. The relevant regulations are contained in the Town Planning Code.

The justification for the need for implementation is carried out on the basis of the results of operational control. It is carried out by performing:

• Periodic inspections.
• Control checks/monitoring.

During these procedures, the technical condition is assessed building structures, engineering systems. Based on the results of inspections, special statements are compiled. The obtained indicators are entered into them, which are then checked against established standards.

Types of inspections

To justify the need for current repairs of structures and buildings Scheduled and unscheduled examinations are carried out. The first, in turn, are divided into partial and general.

During general inspections, control is carried out technical condition the facility as a whole, external landscaping and engineering systems. During a partial inspection, the condition of some structures in the premises, as well as landscaping elements, is assessed.

Unscheduled inspections are carried out after natural disasters (earthquakes, rainstorms, mudflows, heavy snowfalls, floods, etc.), the occurrence of which may result in damage to individual structural elements. In addition, such inspections are carried out after accidents in energy, water, and heat supply systems, as well as in the event of detection of deformations in the base of the facility.

Nuances

General inspections before current repairs structures and buildings are carried out at least twice a year. A commission is formed to carry them out. The results of inspections are reflected in documents recording the technical condition of the object. They are, for example, accounting journals, special cards, etc.

These documents must contain information about:

• Assessing the technical condition of the structure and its elements.
• Malfunctions identified during the inspection.
• Location of defects.
• The reasons why the identified malfunctions occurred.
• Work on current repairs of structures and buildings performed during the inspection.

Generalized information about the condition of the facility is reflected annually in the technical passport.

Cost justification

Basis for determining the price current repairs of structures and buildings are design documents that include the estimated cost of work. This documentation is developed and approved in the manner prescribed by law.

A project, according to Article 48 of the Civil Code, is a complex of materials made in text and graphic forms. The design documentation defines functional-technological, architectural, engineering-technical, Constructive decisions providing construction, repair, reconstruction of objects and their parts, if the corresponding measures affect the safety and reliability of the structure.

Specifics of document preparation

Based on Part 12.2 48 of Article GRK, when carrying out major repairs, preparation is carried out individual parts design documentation in accordance with the instructions of the customer/developer, depending on the volume and content of the work envisaged.

Requirements for the content and composition of sections of the project are established by government decree No. 87 of 2008. The documentation is approved by the customer or developer.

When performing routine repairs, registration of the entire project is not required. An estimate that justifies its cost is sufficient. It is drawn up in the form specified in Appendix No. 2 to MDS 81-35.2004.

Dates

The need for routine repairs of equipment of buildings and structures arises more often than the need for major repairs. In this regard, local events are held every three to six months. This time range is very arbitrary, since premature repairs may be required, for example, in the event of an accident.

It should be said that the adjustment list of works for current repairs of structures and buildings, the schedule for their implementation can be carried out by residents at general meetings or by employees of the enterprise. Overhauls are usually carried out every 3-5 years. Owners or employees can also postpone the date of the event if there are good reasons for doing so.

Routine repair activities are carried out, as a rule, without prior notification. As for work related to large-scale replacement or renovation of structures, they are notified in advance.

Additionally

Difficulties often arise when distinguishing between current and major repairs of a facility. The fact is that there is no clear boundary between these formats of organizational and technical activities.

For example, there is such a concept - “selective overhaul” (discussed above). It involves partial replacement of structural elements of the building. However, during routine repairs, similar measures can be carried out.

It should be said that in practice, major repairs may involve a whole range of works. Moreover, they can all be included in the list of current technical activities. Strict delimitation will only take place when the project receives the appropriate designation.

Conclusion

For the average person, the differentiation of the concepts of “routine repair” and “overhaul” can be significant even if it is not related to organizational and technical processes.

The distinction, for example, may become important for owners of individual (private) houses who are planning to carry out certain activities related to updating systems and structural elements of the structure. He will spend his own money on all this work. Accordingly, he needs to know exactly what activities need to be carried out and how much they will cost.

Understanding the differences between current and major repairs will allow you to classify engineering works, divide them into types, determine their level of complexity. If third-party contractors are involved, the classification helps to establish the degree of their responsibility.

The distinction is also important for owners of premises in apartment buildings. After all, in this case, residents’ money will be spent on capital and current repairs. It is important for owners to understand the specifics of repairs in order to competently build legal and economic relationships with the company performing these technical activities. At the same time, the residents themselves can take an active part in inspecting the structure, inspecting equipment and engineering systems, together with the commission or independently. Owners must have up-to-date information about the condition of the structural elements of the property in order to accept right decisions regarding their update.

I am sure that only a few of those reading this article have a construction education. This often happens - we lack knowledge on an issue that we rarely encounter (for example, apartment renovation), but when we have to deal with it, it is better to thoroughly study everything that can be found on this issue, so as not to return for as long to him. There is nothing wrong with the fact that you don’t know the differences between current repairs and major repairs, because it can be fixed!

So, repairs in general are all measures taken to restore appearance and the functioning of the premises. It’s interesting that initially the word “repair” was the opposite of the word “replacement” - we understand this very well, because you can either repair washing machine, or buy a new one. However, the word “repair” covers too broad concepts, so repair can include both direct repair and replacement of something. Wherein Maintenance– from time to time, work carried out on the complete restoration or replacement of components and devices, or work on the partial restoration and replacement of main structures and mechanisms. Major renovation- this is a complete replacement utility networks or building structures of a building or part of a building. In this case, the reason for routine repairs is to eliminate external defects and prevent the situation from worsening. In the case of a major renovation, it is done when the building has become old, worn out and no longer performs its functions. Major repairs, for example, include replacing a leaking roof, and current repairs include replacing decorative tiles In bathroom.

Current repairs take less time and do not involve such significant financial expenses as major renovation. What exactly is included in current and major repairs is stipulated by the Housing Code of the Russian Federation, that is, formalized by law.

Conclusions website

1. Current repairs differ from major repairs in their purposes
2. Current repairs require less financial costs and effort and are carried out more often than major repairs.

Often in practice, disputes arise about which types of work belong to routine repairs and which to major repairs, since the legislation does not disclose the definition and content of these concepts.

4.1. Conclusion from judicial practice: Major repairs are repairs that result in a significant change or improvement in the technical characteristics of the property.

Arbitrage practice:

4.2. Conclusion from judicial practice: Current repairs of premises include repairs of walls, floors, doors, radiators, plumbing, repairs of communications and engineering equipment systems.

Arbitrage practice:

Resolution of the Federal Antimonopoly Service of the North-Western District dated July 31, 2007 in case No. A56-9960/2006

"...According to the existing contract agreement dated 04.05.2005 N 05/1, which the plaintiff refers to in support of his claims, its subject is the performance of work in order to restore the serviceability (operability) of structures and systems of engineering equipment, which is covered by the concept of current repairs, the responsibility for which, in accordance with the terms of the above lease agreement dated November 1, 1992, is assigned to the Company..."

Resolution of the Federal Antimonopoly Service of the Ural District dated April 8, 2008 N F09-757/08-C6 in case N A07-16779/2006

"...The defendant, in the manner provided for in Article 65 of the Arbitration Procedure Code Russian Federation, the fact of major repairs in the rented premises has not been proven, as a result of which there was a significant change or improvement in the technical characteristics of the named property, since the contract dated 01/03/2003, the act of purchasing materials dated 05/16/2003, the certificate of the cost of work performed dated 06/15. 2003, acceptance certificate for work performed dated June 15, 2003, assessed by the court as carrying out work on leveling ceilings, walls, covering walls with fiberboards, covering the floor, installing doors, radiators, plumbing, that is, on current repairs (vol. 1 pp. 37 - 39, 99)..."

5. Conditions for the tenant to have the right to carry out major repairs

The legislator has given the tenant the right to carry out major repairs if the landlord does not fulfill his obligation to carry them out. However, the cost of not all major repairs made by the tenant is subject to reimbursement. Judicial practice explains under what conditions the tenant has the right to carry out major repairs of the leased property.

5.1. Conclusion from judicial practice: Expenses for major repairs may be reimbursed if the tenant proves the need for such repairs.

Arbitrage practice:

Determination of the Supreme Arbitration Court of the Russian Federation dated 02/08/2008 N 532/08 in case N A71-6756/2006-G1

"...The claims are motivated by the fact that Izhstroyservis LLC is a tenant of municipal property, which, due to its operational properties, is a source of increased danger; it had a significant degree of wear and tear and during operation the company was faced with the need to carry out emergency repair work to eliminate emergency situations. When concluding the contract and transferring the property, the administration assumed responsibilities for financing the capital repairs of the property, but subsequently refused to carry out repair work and financing. In order to eliminate emergency situations, Izhstroyservis LLC, at its own expense, carried out major repairs of the leased property.

In accordance with Article 616 of the Civil Code of the Russian Federation, the lessor is obliged to carry out at his own expense major repairs of the leased property, unless otherwise provided by law, other legal acts or the lease agreement. Violation by the landlord of the obligation to carry out major repairs gives the tenant the right to carry out major repairs provided for in the contract or caused by urgent need, and to recover the cost of repairs from the landlord or offset it against the rent.

Refusing to satisfy the counterclaim, the court examined the following evidence: the conclusion of the construction and technical examination carried out by the state unitary enterprise of the Udmurt Republic "Design Institute "Udmurtkommunproekt", defective statements dated 08/05/2005, 08/15/2005, 04/28/2006, local estimates and came to the conclusion that the repair work carried out by the Izhstroyservis company cannot be recognized as caused by an urgent need, since these works did not require urgent emergency work. There are no grounds for counting the cost of repairs against the rent..."

On this case, see also Resolution of the Federal Antimonopoly Service of the Ural District dated November 1, 2007 N F09-8918/07-S6 in case N A71-6756/2006.

Resolution of the Federal Antimonopoly Service of the Ural District dated November 1, 2007 N F09-8918/07-C6 in case N A71-6756/2006

“...Pointing out the improper fulfillment by the Izhstroyservis company of the terms of the lease agreements and the untimely payment of lease payments, the administration filed a claim with the arbitration court for the collection of rent arrears and the termination of the lease agreements.

Objecting to the claims in the initial claim, the Izhstroyservis company pointed out that the property leased by the Izhstroyservis company had significant wear and tear and required major repairs for normal operation. In order to eliminate emergency situations, the Izhstroyservis company, at its own expense, carried out major repairs of the leased property.

Meanwhile, having fully and comprehensively examined the evidence available in the case materials, including the conclusion of the construction and technical examination carried out by the state unitary enterprise of the Udmurt Republic "Design Institute "Udmurtkommunproekt" (vol. 2, pp. 32 - 38), defective statements dated 05.08.2005, 15.08.2005, 28.04.2006, local estimates, the courts came to the correct conclusion that the repair work carried out by the Izhstroyservis company cannot be recognized as caused by urgent need, since these works did not require urgent emergency work, and the work reflected in the defective statement dated April 28, 2006, was completed after the end of the heating season.Thus, there are no grounds for counting the cost of repairs against the rent.

The courts also rightfully pointed out that there are no grounds for setting off against the rent the cost of repair work performed by the tenant under the terms of the lease agreements for municipal property, since the implementation of the specified work by the Izhstroyservis company was not agreed upon with the landlord, the documents confirming the need for their implementation were drawn up by the tenant unilaterally , the lessor did not take part in the acceptance of the work performed.

Under such circumstances, the conclusions of the courts of first and appellate instances that there are no grounds for satisfying counterclaims are correct..."

5.2. Conclusion from judicial practice: The need for major repairs by the tenant can be confirmed by an act of acceptance of the premises in unsatisfactory condition (in a condition that does not correspond to the purpose of the property).

Arbitrage practice:

Resolution of the Federal Antimonopoly Service of the Far Eastern District dated October 19, 2009 N F03-5121/2009 in case N A73-1577/2009

“...The courts found that on October 31, 2005, a lease agreement was concluded between the management (lessor), the institution (balance holder) and Rapid LLC (tenant) for a building with a total area of ​​2833.9 sq.m., located in Khabarovsk on the street. Nekrasova, 74, which is federal property and assigned to the institution with the right of operational management. The building was leased for use as a canteen, the transfer was formalized by an acceptance certificate dated 03.03.2005, indicating in this act and in the act of the technical condition of the building from the same date , which is also an annex to the contract, on the unsatisfactory condition of this facility, the need for major repairs and the types of work to be performed.

The Court of Appeal also found that during the period of validity of the contract, Rapid LLC carried out major repairs of the rented building: replacement of sewerage, heating and water supply pipelines, repair of basement walls, walls of the first floor (partially), filling window openings. The plaintiff’s costs for performing these works, the list of which is named in the technical condition report dated 03/03/2005, which is an annex to the lease agreement dated 10/31/2005, amounted to the amount of 1,038,958 rubles. 42 kopecks

Violation by the landlord of the obligation to carry out major repairs gives the tenant the right to carry out major repairs provided for in the contract or caused by urgent need, and to recover the cost of repairs from the landlord or offset it against the rent.

Since the appellate court found that the plaintiff carried out urgent major repairs of the rented building for the above amount due to the landlord’s inaction to carry it out independently and in accordance with the list of works that was agreed upon when concluding the contract, the resolution regarding the recovery of this amount complies with Article 616 of the Civil Code of the Russian Federation.

At the same time, the appellate court rightfully pointed out the erroneousness of the trial court’s conclusion that the plaintiff did not agree on the issue of carrying out major repairs with the management, which was the lessor under the agreement dated October 30, 2005 until the conclusion of the agreement dated December 11, 2008. As the court of appeal correctly pointed out, the management participated in this transaction as a party and expressed its will to transfer the building for rent, subject to the need for urgent repair work in accordance with the acts dated 03/03/2005..."

Resolution of the Federal Antimonopoly Service of the North Caucasus District dated 03/09/2009 in case No. A22-1624/07/4-235

"...The Court of Appeal came to the conclusion that it was necessary to carry out major repairs in the leased premises and that there was the consent of the lessor to carry it out...

The parties stipulated in the act that the property being leased is in a condition that does not meet the requirements for non-residential premises used in accordance with the purpose of the leased property...

There are no grounds for changing or canceling the decision of the court of appeal based on the arguments of the cassation appeal..."

5.3. Conclusion from judicial practice: If carrying out major repairs is the responsibility of the lessor and the contract stipulates that the tenant must notify him of the urgent need for repairs (for example, in the event of an accident), the tenant who fails to fulfill this obligation is deprived of the right to compensation for his costs.

Arbitrage practice:

Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated 06/03/2009 in case No. A79-3416/2008

“...During the period of validity of the contract, the premises rented by the Company were flooded, and therefore the tenant carried out repair work in the amount of 334,156 rubles 67 kopecks.

Clause 2.3 of the lease agreement dated August 20, 2001 states that the tenant undertakes to carry out, at his own expense, routine repairs of the premises and utilities (on his own initiative or at the request of the balance holder); repair work by the tenant can be carried out only with written permission to carry it out by the balance holder . The balance holder carries out major repairs of the premises when performing general major repairs of the house (building) in which the premises are located, as well as major repairs of utilities...

In the event of a breakdown of utility networks, the tenant is obliged to immediately notify the emergency service and provide the relevant information to the balance holder...

The interpretation of the above norm and the provisions of the agreement in their interrelation allows us to conclude that when concluding the agreement, the counterparties agreed on the division of responsibilities of the tenant and the balance holder for carrying out routine and major repairs of the leased premises, including the conditions for urgent repairs of the premises.

The case materials confirm that the tenant, contrary to the contractual terms, did not notify the counterparties in the transaction about the need to carry out repairs in the rented premises. Estimates for repair work were not agreed upon by the plaintiff with the lessor and balance holder.

Thus, the defendant did not prove the facts of evasion of the lessor and the balance holder from carrying out major repairs, and, accordingly, their violation of the obligation to carry out major repairs..."

5.4. Conclusion from judicial practice: The tenant can carry out major repairs and recover the cost from the landlord if the repairs were necessary to eliminate the consequences of the fire.

Arbitrage practice:

Note: In the following Resolution, the court proceeded from the fact that liquidation of the consequences of the fire is an urgent necessity, which is a condition for the emergence of the tenant’s right to carry out major repairs not provided for in the lease agreement, and to recover its cost from the lessor if the latter has evaded this obligation.

Resolution of the Federal Antimonopoly Service of the Moscow District dated November 14, 2007 N KG-A40/11543-07 in case No. A40-2291/07-64-28

"...In accordance with Article 616 of the Civil Code of the Russian Federation, the lessor is obliged, at his own expense, to carry out major repairs of the leased property, unless otherwise provided by law, other legal acts or lease agreements. Major repairs must be carried out within the period established by the agreement, and if it is not defined by contract or caused by urgent need - within a reasonable time.

The court, having established that the carrying out of repair work in the premises rented by the plaintiff was caused by an urgent need, while the defendant did not take measures to eliminate the consequences of the fire, taking into account the established and in accordance with the said norm of the Law, made the correct conclusion about the defendant’s obligation to reimburse the cost of repair work in in the amount of 531,646 rubles.

Article 616 of the Civil Code of the Russian Federation does not provide for the tenant’s obligation to coordinate the execution of work caused by urgent need..."

5.5. Conclusion from judicial practice: The need for major repairs after a fire must be confirmed by evidence of the impossibility of using or a ban on using the property for its intended purpose.

Arbitrage practice:

Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated May 13, 2009 in case No. A31-1834/2008-21

"...During the consideration of the case and in the cassation appeal, the defendant refers to the need to apply Articles 328 and 616 of the Civil Code of the Russian Federation and points out that violation by the landlord of the obligation to carry out major repairs of the premises gives the tenant the right to suspend the fulfillment of his obligation to pay rent .

As evidence of the urgent need to carry out such repairs for the operation of the facility after the fire, the defendant cites the resolution of the investigator of the TOGPN of the city of Nerekhta dated March 27, 2007 on the refusal to initiate a criminal case...

At the same time, the said document does not contain information about the impossibility of using the disputed premises or about the prohibition of its use for its intended purpose. The Entrepreneur did not provide any other evidence to support his position, and therefore the complainant’s argument is rejected as unfounded.

In addition, within the meaning of Article 616 of the Civil Code of the Russian Federation, the tenant in this case has the right to demand a corresponding reduction in the rent, which excludes the unilateral suspension of the obligation..."

5.6. Conclusion from judicial practice: The tenant of municipal property has the right to reimbursement of expenses for major repairs and other inseparable improvements, if their implementation and reimbursement of costs were agreed upon in the manner approved by the local government body.

Arbitrage practice:

Resolution of the Federal Antimonopoly Service of the North-Western District dated October 26, 2006 in case No. A13-950/2006-04

"... As evidence of the work performed, its volume and cost, the plaintiff presented to the court an estimate, a contract dated October 24, 2005 No. 14 for repair work, concluded with Interstroy LLC, a certificate of the cost of work performed and expenses dated November 8, 2005, act dated 08.11.2005 on acceptance of completed work.

Having assessed these documents, the court found that they were drawn up by the plaintiff without the involvement of a representative of the Committee. The Committee was not notified of the need to accept the work performed by Interstroy LLC and did not take part in its acceptance.

In this situation, the act, estimate and certificate cannot be considered adequate evidence of repair costs incurred.

There is also no evidence in the case materials indicating an urgent need to carry out those works, the cost of which the plaintiff asks to set off, and to obtain the Committee’s consent to carry them out in the manner prescribed by the Regulations on the procedure for approving the production of major repairs and other inseparable improvements to leased facilities that were in force during the said period municipal non-residential fund of the city and reimbursement of costs for their implementation, approved by Resolution of the Cherepovets City Duma dated September 28, 2004 N 114.

Pointing out the groundlessness of the entrepreneur's demands, the court rightfully referred to clause 3.3.9 of the lease agreement, according to which inseparable improvements, regardless of how they were made (with or without the consent of the lessor), are not reimbursed to the tenant.

Thus, the entrepreneur did not confirm his right to compensation for the cost of repairs, and therefore the court correctly rejected the claim.

The cassation instance finds the complainant's reference to the violation by the court of first instance of Article 49 of the Arbitration Procedure Code of the Russian Federation unfounded..."

Resolution of the Federal Antimonopoly Service of the Ural District dated April 25, 2007 N F09-2920/07-C6 in case N A71-5716/06

"...Also, the court did not take into account that the acts of acceptance of the work performed were not approved in the prescribed manner by the administration of Izhevsk or the balance holder of the disputed premises, and therefore cannot be accepted as proper evidence. Whereas paragraph b of the additional agreement to amend the lease agreement dated June 23, 2004 N 10876, provides for the provision by the tenant of acceptance certificates for completed work, agreed upon by the balance holder, to renew the lease agreement for a period of 5 years. In paragraph 7.6.2 of the decision of the City Duma of Izhevsk dated January 28, 2004 N 181 “On approval of the Regulations on the procedure for leasing municipal non-residential facilities of the city of Izhevsk” also states that in order to confirm the costs incurred, the tenant must submit an act of acceptance of the non-residential facility for operation to the district commission, approved in the prescribed manner, or an act of completed work (by stages works) agreed with the Urban Construction Department of the Izhevsk Administration or the municipal institution "City Housing Administration - Management Company in the Housing and Communal Services of the City of Izhevsk"..."

In recent years before government agencies, management organizations and homeowners are acutely aware of issues related to the maintenance of residential real estate and the implementation of major repairs.

The significance of the problem is due to the increase in the financial burden of citizens for the maintenance of common property and significant deterioration of the housing stock.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Major renovation of a building - what is it?

The concept of overhaul is disclosed in the Civil Code of the Russian Federation. This is replacement (restoration) work:

• Building structures (except load-bearing ones) and their components;
• Engineering and technical communications;
• Parts of load-bearing building structures.

During major repairs, faults in worn-out parts of common property are eliminated through restorative repairs, and they are replaced with similar ones or with better performance characteristics.

If allowed technical capabilities, then the residential building is modernized taking into account modern requirements in the field of efficient use various types resources (equipment with heat, electricity, water, gas meters) and improving the comfort of living.

Based on the volume of work performed, the following are distinguished:

1. Comprehensive repairs carried out with the aim of restoring all damaged parts of common property. After completion of such repairs, the technical condition of the building must fully comply with all building codes and operational requirements m.
2. Selective overhaul involves the replacement or repair of individual components of the building, certain elements of engineering communications.

Selective repair work is carried out when carrying out a comprehensive repair is impossible or involves significant difficulties.

These may be situations where:

• Significant damage to some structures threatens the safety of other parts of the buildings;
• There is no economic feasibility of carrying out a comprehensive renovation of the building or there are specific features of its financing;
• Restriction or temporary cessation of use of the home may be necessary.

Also, in addition to planned major repairs, unscheduled (emergency) repairs are distinguished, which are carried out to restore damage caused to the building structures of the house as a result of any emergency situations.

Current and major home repairs: what are the differences?

It is fundamentally important to distinguish major repairs from current repair work, since the rights and obligations of the parties and other participants in relations in the housing sector directly depend on the correct qualification of the work carried out.

For example, in contracts for the provision of real estate for paid use (rent, lease), current repairs are the responsibility of the tenant, and capital repairs are the responsibility of the lessor. Besides financing of these types of repairs comes from various sources.

The features of each type of repair are based on the differences in goals, frequency and volume of repair work.

Routine (preventative) repairs are measures systematically carried out to prevent premature wear of structures, finishing, building communications and work to eliminate minor damage and breakdowns.

An approximate set of measures implemented as part of routine repairs is contained in the Methodological Manual for the Maintenance and Repair of Housing Stock (MDK 2-04.2004), approved by the Federal Agency for Construction and Housing and Communal Services (currently the Ministry of Construction).

Current repairs are planned and preventive in nature. Preventative repair work does not require interruptions in the full use of the premises of the building by residents, they are carried out periodically and quite often, in addition, such work is less expensive than major repairs.

Often the line between major and current repairs is arbitrary, since the objects of repair work are the same structures and their elements.

During a major overhaul, an element that has become unusable is replaced or needs to be restored, and the scope of current repairs is to maintain structures in good condition throughout the established service life. For example, fixing a roof leak is a routine repair, while replacing the entire roof of a house is a major repair.

Ongoing work is carried out and financed by housing maintenance companies from the proceeds of rent and rental payments.

Major repairs in an apartment building are paid for through targeted payments from the owners.

It is also necessary to distinguish major repairs from reconstruction work of a building. During reconstruction, in contrast to repair, measures are taken to change the key parameters of the apartment building (number of floors, area) or complete replacement of load-bearing structures.

Minimum contribution amount

Owners of apartments and non-residential areas located in an apartment building (apartment building) are legally required to fully finance the capital repairs of common property.

Paid monthly contributions are accumulated in a specialized capital repair trust fund, formed in two ways:

• On a separate MKD bank account(the accumulated money is spent on a specific house);
• Accumulation of funds in a collective account, managed by a regional operator, which carries out all organizational measures for the overhaul of the housing stock in a single entity in accordance with the overhaul program approved by the regional authorities.

The minimum mandatory contribution is approved by law in each region of the country.

The calculation of the contribution amount for a specific owner is made in rubles by multiplying the established tariff by the total area of ​​​​the premises owned by a citizen or legal entity.

Contribution amounts may vary depending on:

1. From belonging to the territory of a specific municipality;
2. MKD type;
3. Number of floors;
4. Actual service life;
5. Costs and volumes of repair work;
6. Service life of elements of common property.

Other work, except for those established by the Housing Code of the Russian Federation, can only be carried out at the expense of the excess portion of the contribution for major repairs.

Types of work that are paid for through the minimum contribution amount

At the national level, legislation provides for a set of overhaul services financed by a overhaul fund.

What does a major overhaul include? apartment building? This includes repair and, if necessary, replacement of the following MKD elements:

• Intra-house communications related to common property(water supply, heating, sewerage, electricity, gasification systems, replacement stove heating central);
• Elevator equipment(standard service life is about 25 years);
• Roofs(the frequency of repairs depends on the roofing material);
• Foundation and basement areas classified as common property of the owners(taking into account the load-bearing floors of the first floor, walls and passing sections of utilities);
• façade(including restoration of sealing of seams, restoration of plaster, facing tiles, replacement of sills, drainpipes and other work).

You may be interested in an article about what rights and responsibilities you have management company on the maintenance of an apartment building, you can read about it.

At the regional level, this list is allowed to be supplemented with services for:

1. Insulation of building walls;
2. Arrangement of a ventilated roof and exits to it;
3. Equipping apartment buildings with general building meters for resource consumption and other devices that increase energy efficiency.

• Inspection of apartment buildings and drawing up an estimate for upcoming repairs;
• Conducting architectural and technical supervision of the work performed;
• Energy inspection of an apartment building;
• Technical inventory and certification of an apartment building.

The general meeting of owners has the right to agree to increase the minimum contribution rate established by the region in order to finance any additional work on major repairs of the common property of the house.

Apartment owners are now required to pay for major repairs. Russians are offered to choose a method of accumulating funds for this expense item. We invite you to watch the video.

The boundary between the concepts of “current” and “major” repairs is sometimes very arbitrary. Let's try to figure it out.

1. Definitions. Differences between current repairs and major repairs

1. Current repairs
I quote:

Maintenance common property of a residential building - repairs carried out in a planned manner in order to restore the serviceability or operability of a residential building, partial recovery its resource with replacement or restoration of it components of a limited range, established by regulatory and technical documentation

There, in Appendix 2, there is a list of work on current repairs.

For example, partial repair (restoration) of plaster in the entrance, replacement (or, moreover, repair) of individual sections of pipelines - these are all current repairs.

2. Major renovation
I quote the Town Planning Code of the Russian Federation (as amended on July 18, 2011 No. 215-FZ):

Major renovation— replacement and (or) restoration of building structures of capital construction projects or elements of such structures, with the exception of load-bearing building structures, replacement and (or) restoration of engineering support systems and networks of engineering support of capital construction projects or their elements, as well as replacement individual elements of load-bearing building structures into similar or other elements that improve the performance of such structures and (or) restoration of these elements.

Reconstruction capital construction projects (with the exception of linear objects) — changing the parameters of a capital construction project, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction project, as well as replacement and (or) restoration of load-bearing building structures of a capital construction project, with the exception of replacement individual elements of such structures into similar or other elements that improve the performance of such structures and (or) restoration of these elements.

Note: linear objects - power lines, communication lines (including linear cable structures), pipelines, car roads, railway lines and other similar structures.

1.3. Classification of repairs
Repair system apartment buildings provides for regulated repairs and repair and reconstruction transformations to be carried out at certain intervals (see Fig. 1.1).

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excerpt from fig. 1.1:
Overhaul - repair of a building with the replacement, if necessary, of structural elements and a system of engineering equipment and the elimination of functional (moral) wear and tear by modernizing them.

Reconstruction of a building is a set of works and organizational and technical measures with the elimination of physical and functional (moral) wear and tear and changes in technical and economic indicators in order to improve living conditions, quality of service and increase the volume of services.
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It is recommended to take time between repairs and approximate volumes of repairs and repair and reconstruction transformations for the purpose of long-term planning in accordance with VSN 58-88(r), and for medium-term and short-term planning they are specified based on the technical condition, architectural and planning and design features apartment buildings.

Major renovation of buildings- replacement or restoration individual parts or entire structures(with the exception of complete replacement main structures, the life of which determines the service life of the apartment building as a whole) and engineering and technical equipment of buildings due to their physical wear and tear, as well as eliminating, if necessary, the consequences of functional (moral) deterioration of structures and carrying out work to improve the level of internal improvement, i.e. modernization of buildings. During a major overhaul, the physical (partial) and functional (partial or complete) deterioration of buildings is eliminated.

A major overhaul involves replacing one, several or all systems of engineering equipment, as well as bringing all structural elements of the house into good condition.

Overhaul is divided into comprehensive overhaul and selective overhaul.

a) Comprehensive overhaul is a repair involving the replacement of structural elements and engineering equipment and their modernization. It includes work covering the entire building as a whole or its individual sections, in which their physical and functional wear and tear is compensated.
b) Selective overhaul is a repair with complete or partial replacement of individual structural elements of buildings and structures or equipment, aimed at fully compensating for their physical and partially functional wear.

Classification as a type of major repair depends on the technical condition of the buildings designated for repair, as well as the quality of their layout and the degree of internal improvement.

For example, work on replacing a cold water or hot water riser may be recognized as related to major repair work. Or rather, selective overhaul. Although there is another opinion (see below).

Comprehensive overhaul in relation to Federal Law No. 185-FZ provides for the implementation of all types of work provided for in Article 15 (with the exception of repairs of basements and elevators in those buildings where they do not exist).
When carrying out repairs, materials should be used that ensure the standard service life of the structures and systems being repaired. The composition of the types and subtypes of work must be such that after major repairs the apartment building fully satisfies all operational requirements (more details in Section 2). Selective major repairs in relation to Federal Law No. 185-FZ are assigned to perform certain types of work provided for in Article 15.
Selective major repairs are carried out based on the technical condition of individual structures and engineering systems by completely or partially replacing them.
...

2.1.9. The list of work performed during major repairs of the housing stock is given in Appendix 9 to. Appendix 3 to contains a list of structural elements, engineering systems and equipment and the approximate periods of their operation before major repairs. The list covers the entire variety of apartment buildings in terms of design characteristics and engineering equipment, built and operated at the time of publication of this document. normative document, and, therefore, applicable for the purposes of these guidelines within the framework established by Part 3, Article 15 of Federal Law No. 185-FZ.

2. For major repairs - based on the estimate for the work. The estimate amount is divided by the total area of ​​residential and non-residential premises apartment building (except for the area of ​​seats common use) and for the number of months during which, based on the decision made by the owners, the cost of the work will be paid.

The second option for paying for major repairs is in the amount of . It's simple and straightforward, but it doesn't take into account individual characteristics every case. In addition, this federal standard was not originally intended to be included in payments because was developed for use in intergovernmental relations.

In any case, the decision on the amount of payment for current and major repairs is made at a general meeting of owners of apartment building premises (and if the house is in an HOA, then the decision is made in the manner established by the charter of the partnership).

3. Additional information on the issue

On the issue of classifying work as current or major repairs, there is another opinion, based on the recommended Appendix No. 7 to.
I quote:

List of works related to current repairs
<...>
12. Water supply and sewerage, hot water supply
Installation, replacement and restoration of functionality of individual elements and parts of elements internal systems water supply and sewerage, hot water supply, including pumping units in residential buildings.

Thus, work on replacing cold water and hot water risers may be considered to be related to routine repair work. Eat .

Those. the key question that causes discrepancies is what to count"system" And "element"in this context. An unambiguous answer to it in regulations not found yet.

4. Types of work on major repairs of apartment buildings in accordance with Federal Law No. 185-FZ dated July 21, 2007

Article 15.
Part 3. Types of work on major repairs of apartment buildings in accordance with this Federal Law include:
1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal;
(Clause 1 as amended by Federal Law dated December 29, 2010 N 441-FZ)
2) repair or replacement of elevator equipment recognized as unsuitable for operation, and, if necessary, repair of elevator shafts;
3) roof repairs;
4) repair basements related to common property in apartment buildings;
5) insulation and repair of facades;
6) installation of collective (common house) meters for resource consumption and control units (thermal energy, hot and cold water, electrical energy, gas);
(Clause 6 introduced by Federal Law dated December 29, 2010 N 441-FZ)
7) repair of foundations of apartment buildings.
(Clause 7 introduced by Federal Law dated December 29, 2010 N 441-FZ, as amended by Federal Law dated December 25, 2012 N 270-FZ)

QUESTION:
Look, if major repairs have already been carried out with budget money, then what to do in this case? Let's say they did a thorough renovation, then created an HOA, will it still send part of the money from the tariff rate somewhere? or how. Dmitriy.

ANSWER:
The same work cannot be taken into account under two headings - both as major repairs at the expense of budgetary funds, and as routine repairs on behalf of the HOA. Either one or the other.
By collecting fees for residential premises, the HOA spends it on the current operational needs of the house and the formation of a repair fund.
But if the condition for major repairs at the expense of budgetary funds was the payment by members of the HOA of a certain share of the fee for major repairs (as is now happening under 185-FZ), then the HOA will collect a target fee for major repairs and send the collected funds where appropriate.

5. Table. Who pays for and organizes major and current repairs in the house and apartment?

apartment building

Personal property (inside the apartment) - everything that does not relate to the residential complex of the Russian Federation Owner premises

Paid by: owner (monthly fee for maintenance and current repairs) Organizes the work: MA / HOA More materials