The Ministry of Construction has been developing ideas for carrying out large-scale reforms in the housing and communal services system for quite some time. The initial draft of the changes raised many questions, so it was sent for revision. Not long ago, the Ministry of Construction provided an updated draft of new rules for the management of apartment buildings and the maintenance of common property. At the moment the project is going through the discussion stage. Most likely, it will be adopted in the new form in the near future. Let's take a closer look at what the Ministry of Construction is going to change in the housing and communal services system and how it will affect ordinary people.
Transparency of expenses for maintenance and repairs
The new draft rules for the management of apartment buildings and the maintenance of common property provide for a more transparent system of spending money from residents on the maintenance and repair of residential premises. The problem is very relevant, because no one knows exactly where the money paid for the maintenance and repair of residential premises goes. But the amount in the housing and communal services receipt is quite considerable, but often people cannot achieve basic repair work for years, for example, to tidy up entrances, houses, local areas, etc.
The Ministry of Construction paid attention to this problem and proposed making the system of spending residents' money more transparent.
In particular, it is proposed to create two funds:
- One will be for repair purposes, i.e. the disposal of the funds of this fund will be carried out on the basis of a decision of the general meeting of owners.
- Money from the second fund will be used for current maintenance and will also be used in case of unforeseen expenses (for example, an accident).
The only thing is that it is not always easy to organize a general meeting of owners, and thus it is possible that the time frame for considering the allocation of money for planned repairs may be delayed.
Housing Code of the Russian Federation
Housing Code of the Russian Federation 188-FZ dated December 29, 2004 Contents
- Article 1.
Basic principles of housing legislation - Article 2.
Providing conditions for the exercise of the right to housing - Article 3.
Inviolability of home and inadmissibility of its arbitrary deprivation - Article 4.
Housing relations. Participants in housing relations - Article 5.
Housing legislation - Article 6.
Effect of housing legislation over time - Article 7.
Application of housing legislation by analogy - Article 8.
Application of other legislation to housing relations - Article 9.
Housing legislation and international law - Article 10.
Grounds for the emergence of housing rights and obligations - Article 11.
Protection of housing rights - Article 12.
Powers of public authorities - Article 13.
Powers of public authorities - Article 14.
Powers of local government bodies in - Article 15.
Objects of housing rights - Article 16.
Types of residential premises - Article 17.
Purpose of residential premises and limits of its use. Use of residential premises - Article 18.
State registration of rights to residential premises - Article 19.
Housing stock - Article 20.
State housing supervision - Article 21.
Insurance of residential premises - Article 22.
Conditions for transferring residential premises to non-residential premises and non-residential premises to residential premises - Article 23.
Procedure for transferring residential premises into non-residential premises and non-residential premises into residential premises - Article 24.
Refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises - Article 25.
Types of reconstruction and redevelopment of residential premises - Article 26.
Grounds for reconstruction and (or) redevelopment of residential premises - Article 27.
Refusal to approve the reconstruction and (or) redevelopment of residential premises - Article 28.
Completion of reconstruction and (or) redevelopment of residential premises - Article 29.
Consequences of unauthorized reconstruction and (or) unauthorized redevelopment of residential premises - Article 30.
Rights and obligations of the owner of residential premises - Article 31.
Rights and obligations of citizens living together with the owner in residential premises belonging to him - Article 32.
Ensuring the housing rights of the owner of a residential premises during the seizure of a land plot for state or municipal needs - Article 33.
Use of residential premises provided by testamentary refusal - Article 34.
Use of residential premises on the basis of a lifelong maintenance agreement with dependents - Article 35.
Eviction of a citizen whose right to use residential premises has been terminated or who violates the rules for using residential premises - Article 36.
Ownership right to common property of owners of premises in an apartment building - Article 37.
Determination of shares in the right of common ownership of common property in an apartment building - Article 38.
Acquisition of a share in the right of common ownership of common property in an apartment building when purchasing premises in such a building - Article 39.
Maintenance of common property in an apartment building - Article 40.
Changing the boundaries of premises in an apartment building - Article 41.
Right of ownership to the common property of the owners of rooms in a communal apartment - Article 42.
Determination of shares in the right of common ownership of common property in a communal apartment - Article 43.
Maintenance of common property in a communal apartment - Article 44.
General meeting of owners of premises in an apartment building - Article 45.
Procedure for holding a general meeting of owners of premises in an apartment building - Article 46.
Decisions of the general meeting of owners of premises in an apartment building - Article 47.
General meeting of owners of premises in an apartment building in the form of absentee voting - Article 48.
Voting at a general meeting of owners of premises in an apartment building - Article 49.
Provision of residential premises under a social tenancy agreement - Article 50.
Norm for provision and accounting norm for the area of residential premises - Article 51.
Grounds for recognizing citizens as needing residential premises provided under social tenancy agreements - Article 52.
Registration of citizens as those in need of residential premises - Article 53.
Consequences of citizens deliberately worsening their living conditions - Article 54.
Refusal to register citizens as those in need of residential premises - Article 55.
Reservation of the right of citizens to be registered as those in need of residential premises - Article 56.
Removal of citizens from registration as those in need of residential premises - Article 57.
Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises - Article 58.
Taking into account the legitimate interests of citizens when providing residential premises under social tenancy agreements - Article 59.
Provision of vacated residential premises in a communal apartment - Article 60.
Social rental agreement for residential premises - Article 61.
Use of residential premises under a social tenancy agreement - Article 62.
Subject of a social rental agreement - Article 63.
Form of a social rental agreement for residential premises
Article 64- Article 65.
Rights and obligations of the landlord of residential premises under a social tenancy agreement - Article 66.
Responsibility of the landlord of residential premises under a social tenancy agreement - Article 67.
Rights and obligations of a residential tenant under a social tenancy agreement - Article 68.
Responsibility of a residential tenant under a social tenancy agreement - Article 69.
Rights and obligations of family members of a residential tenant under a social tenancy agreement - Article 70.
The right of the tenant to move other citizens into the residential premises he occupies under a social tenancy agreement as members of his family - Article 71.
Rights and obligations of temporarily absent tenants of residential premises under a social tenancy agreement and members of his family - Article 72.
The right to exchange residential premises provided under social tenancy agreements - Article 73.
Conditions under which the exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed - Article 74.
Registration of exchange of residential premises between tenants of these premises under social tenancy agreements - Article 75.
Invalidation of the exchange of residential premises provided under social tenancy agreements - Article 76.
Subletting of residential premises provided under a social tenancy agreement - Article 77.
Sublease agreement for residential premises provided under a social tenancy agreement - Article 78.
Payment for sublease of residential premises provided under a social tenancy agreement - Article 79.
Termination and termination of a sublease agreement for residential premises provided under a social tenancy agreement - Article 80.
Temporary residents - Article 81.
The right of the tenant of residential premises under a social tenancy agreement to provide him with residential premises of a smaller size in exchange for the occupied residential premises - Article 82.
Amendments to the social tenancy agreement for residential premises - Article 83.
Termination and termination of a social tenancy agreement for residential premises - Article 84.
Eviction of citizens from residential premises provided under social tenancy agreements - Article 85.
Eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements - Article 86.
The procedure for providing residential premises under a social tenancy agreement in connection with the demolition of a house
Article 87- Article 88.
The procedure for providing residential premises in connection with major repairs or reconstruction of a house - Article 89.
Providing citizens with other comfortable residential premises under a social tenancy agreement in connection with eviction - Article 90.
Eviction of the tenant and his family members living with him from residential premises with the provision of another residential premises under a social tenancy agreement - Article 91.
Eviction of a tenant and (or) members of his family living with him from residential premises without the provision of other residential premises - Article 92.
Types of residential premises of specialized housing stock - Article 93.
Purpose of service residential premises - Article 94.
Purpose of residential premises in dormitories - Article 95.
Purpose of residential premises of the maneuverable fund - Article 96.
Purpose of residential premises in houses of the social service system - Article 97.
Designation of residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees - Article 98.
Purpose of residential premises for social protection of certain categories of citizens - Article 99.
Grounds for the provision of specialized residential premises - Article 100.
Lease agreement for specialized residential premises - Article 101.
Termination of a rental agreement for specialized residential premises - Article 102.
Termination of a rental agreement for specialized residential premises - Article 103.
Eviction of citizens from specialized residential premises - Article 104.
Provision of official residential premises - Article 105.
Provision of residential premises in dormitories - Article 106.
Provision of residential premises of the maneuverable fund - Article 107.
Provision of residential premises in houses of the social service system for the population - Article 108.
Provision of residential premises to funds for temporary settlement of internally displaced persons and persons recognized as refugees - Article 109.
Provision of residential premises for social protection of certain categories of citizens - Article 110.
Housing and housing construction cooperatives - Article 111.
Right to join housing cooperatives - Article 112.
Organization of a housing cooperative - Article 113.
Charter of a housing cooperative - Article 114.
State registration of a housing cooperative - Article 115.
Management bodies of a housing cooperative - Article 116.
Management in a housing cooperative - Article 117.
General meeting of members of a housing cooperative - Article 118.
Board of a housing cooperative - Article 119.
Chairman of the board of a housing cooperative - Article 120.
Audit commission (auditor) of a housing cooperative - Article 121.
Admission to membership in a housing cooperative - Article 122.
Reorganization of a housing cooperative - Article 123.
Liquidation of a housing cooperative - Article 124.
Provision of residential premises in the houses of a housing cooperative - Article 125.
The right to a share of a member of a housing cooperative - Article 126.
Temporary residents in residential premises in a housing cooperative building - Article 127.
Division of residential premises in a housing cooperative building - Article 128.
Renting residential premises in a housing cooperative building - Article 129.
Ownership of residential premises in an apartment building of a member of a housing cooperative - Article 130.
Termination of membership in a housing cooperative - Article 131.
Preemptive right to become a member of a housing cooperative in case of inheritance of a share - Article 132.
Return of the share contribution to a member of a housing cooperative expelled from the housing cooperative - Article 133.
Eviction of a former member of a housing cooperative - Article 134.
Providing members of a housing cooperative with residential premises in connection with the demolition of a house - Article 135.
Homeowners’ Association - Article 136.
Creation and state registration of a homeowners’ association - Article 137.
Rights of the homeowners association - Article 138.
Obligations of the homeowners association - Article 139.
Repealed - Article 140.
Reorganization of a homeowners’ association - Article 141.
Liquidation of a homeowners’ association - Article 142.
Association of homeowners’ associations - Article 143.
Membership in a homeowners’ association - Article 144.
Management bodies of the homeowners’ association - Article 145.
General meeting of members of the homeowners association - Article 146.
Procedure for organizing and holding a general meeting of members of the homeowners association - Article 147.
Board of the homeowners association - Article 148.
Responsibilities of the board of a homeowners association - Article 149.
Chairman of the board of a homeowners association - Article 150.
Audit commission (auditor) of a homeowners’ association - Article 151.
Funds and property of the homeowners’ association - Article 152.
Economic activity of a homeowners’ association - Article 153.
Obligation to pay for residential premises and utilities - Article 154.
Structure of payment for residential premises and utilities - Article 155.
Payment for residential premises and utilities - Article 156.
Amount of payment for residential premises - Article 157.
Amount of payment for utility services - Article 158.
Expenses of owners of premises in an apartment building - Article 159.
Providing subsidies for payment of housing and utilities - Article 160.
Compensation for expenses for living quarters and utilities - Article 161.
Choosing a method of managing an apartment building - Article 162.
Management agreement for an apartment building - Article 163.
Management of an apartment building in state or municipal ownership - Article 164.
Direct management of an apartment building by the owners of premises in such a building - Article 165.
Creation of conditions by local government bodies for the management of apartment buildings
Other regulations
Code of Merchant Shipping of the Russian Federation Air Code of the Russian Federation Family Code of the Russian Federation Civil Code of the Russian Federation Town Planning Code of the Russian Federation
Changing laws
Today we have a huge number of legal acts regulating the housing and communal services sector. Confusion often occurs, because some have been in effect since the time of the USSR and are morally outdated (for example, the requirement to maintain sanitary cabins, monitoring the hanging of laundry in areas facing city thoroughfares, etc.). The Ministry of Construction proposes to streamline the legislative system regulating the housing and communal services sector. The number of regulations is planned to be reduced. The main sources will be the Housing Code of the Russian Federation, Management Rules, as well as orders of the Ministry of Construction.
Thus, confusion in the laws should be eliminated, and it will be easier for ordinary citizens to navigate the legislation on issues that are important to them.
