Explanations of legislation in the housing and communal services sector. Housing and communal services. Entering information into the GIS Housing and Communal Services

With the introduction of new laws, it will be easier for residents of high-rise buildings to hold general meetings and participate in them. They will be able to quickly transfer their house from the “common pot” to a special account, and they will also have the opportunity to protect the money collected for major repairs at home from inflation by opening a bank deposit.

Recently there was a meeting of housing activists - participants in the Public Organization of Consumers of Housing and Communal Services "Union of House Councils of the Urals". As usual, a full room, mainly chairmen and members of house councils, gathered to receive information about new laws in the housing sector and discuss their practical application. Alexander Evseev, Chairman of the Public Organization of Consumers of Housing and Communal Services “Association of House Councils of the Urals,” told them in detail about the laws and acts that introduced new norms and changes to the legislation on housing and communal services. The Chief State Housing Inspector of the Urals also participated in the meeting of public activists Marat Ismagilov.

At the last session of the State Duma of the Russian Federation, two laws were adopted that amend the Housing Code of the Russian Federation and related laws.

It's easier to gather a quorum

New Federal Law dated July 3, 2016 No. 355-FZ “On Amendments to the Housing Code Russian Federation and the Federal Law “On Water Supply and Sanitation”, the number of votes of owners required to make a decision on choosing a method for forming a capital repair fund has been reduced. When making this decision, the owners must determine the owner of the special account, approve minimum size contribution and determine the bank in which the special account will be opened. Previously, in order to decide how to accumulate funds for major repairs - in a special account or in a “common pot” - it was necessary to get 2/3 of the votes in favor of the total number of votes of the owners in the house. Now the number of required votes has decreased to 50% of the total number of votes of premises owners.

“The decision to reduce the minimum required number of votes to choose the accumulation method cash for major repairs will simplify the holding of a general meeting without violating the principle of making an important decision by the majority of owners in the house. It is easier for the initiators of the meeting to collect half of the total number of votes of owners than two-thirds. In addition, owners can participate in the meeting today in person and in person-in absentia, and after January 1, 2017, via the Internet, through the GIS housing and communal services system,” said Alexander Evseev. – However, the problem is only half solved. On all other issues related to the organization and implementation of major repairs, the need remains to obtain 2/3 of the votes of the owners. These are questions about carrying out major repairs, using funds from a special account, as well as placing funds on a special deposit.”

Reducing the number of votes for making a decision to 50% is relevant for new buildings in which the owners need to decide on the choice of method of accumulating funds - in a “common pot” or a special account - within six months from the date of official publication of information about the house in the Regional Overhaul Program. In addition, this is important for residents who want to transfer their home from the “common pot” to a special account or vice versa.

Protect money from inflation

The same law (Federal Law No. 355-FZ dated July 3, 2016) gives owners the opportunity to place capital repair funds located in a special house account on a special deposit in a bank. “This will help protect funds from inflation by charging the bank interest on deposits. It is assumed that the interest rate will not be lower than the market average for individuals, - said Alexander Evseev. – The mechanism and timing of the commencement of the provisions of this law are not yet clear, and the opinion of banks regarding the amount of interest is not known, but this decision itself is a big step forward and an additional incentive to choose a special account for faster accumulation of funds for major repairs, thanks to interest on the deposit "

The deposit is opened based on the decision of the general meeting of owners. At the same time, owners can choose any bank from more than 10 banks in Udmurtia with own capital(20 billion rubles), including 6 banks already operating in our region with special accounts and funds for major repairs of apartment buildings, and not just the one in which they have a special account.

Currently, small interest is charged by banks on the minimum balance of funds in a special account at home. According to the expert Marata Ismagilova, Chief State Housing Inspector of the UR - Head of the State Housing Inspectorate of the UR, if the owners are satisfied with the amount of this percentage on the balance of funds, then they should not expect additional benefits from opening a special deposit. Working conditions for homeowners with banks on special accounts are not yet very convenient, as they require a lot of time. For example, you need to renew the agreement once every 1-3 months that the owners agree to receive interest on the balances in the special account. If the account owner misses this deadline, the bank will not charge interest.

The Housing Code states that income received from placing funds from the capital repair fund, formed on a special account of the house, on a special deposit can only be used for the purpose of carrying out major repairs. The deposit funds cannot be seized for the obligations of the owner of the special account and the bank. An agreement is concluded between the account owner and the bank, which specifies the procedure for placing and accruing funds, as well as returning a percentage of these funds. As a rule, you cannot withdraw money from a deposit early - this is the key difference between a deposit and the accrual of interest on the minimum balance of funds in a special account.

Do not have a power of attorney certified by a notary

The State Duma adopted Federal Law No. 267-FZ dated July 3, 2016 “On Amendments to the Housing Code of the Russian Federation.” The Housing Code now clearly defines that a citizen who issues a power of attorney to another citizen so that he can vote in his place in general meeting homeowners have the right to have it certified at their place of work or study. Such a power of attorney can also be certified by a notary.

Previously, the norm of Part 2 of Article 48 of the Housing Code of the Russian Federation referred to the norm Civil Code RF, which was no longer in force since September 1, 2013. Therefore, during this period, voting proxies could only be certified by a notary. It should be noted that now powers of attorney for voting at a general meeting cannot be certified by management organizations at the place of residence of the principal, unlike powers of attorney for representing interests in court.

It is beneficial for the owner to be registered now in the GIS Housing and Communal Services, but voting on the GIS Housing and Communal Services can only be done after the new year

In the GIS housing and communal services system, every citizen can get acquainted with the information of the authorities local government And state power, with information about your home disclosed by the management company, HOA, RSO and other organizations, send electronic receipts for payment for housing and communal services. To do this, he must gain access to the Government Services Portal on the website https://www.gosuslugi.ru. Complete Registration (including creating a password and login for Personal account) is available at Service Centers, a list of which can be found on the same website.

GIS Housing and Communal Services provides for electronic voting at general meetings of owners. According to expert Marat Ismagilov, this is a significant step forward, providing a citizen with the opportunity to learn about voting in a timely manner, vote at a convenient time, and also eliminate cases of ballot tampering. Until January 1, 2017, this provision of Art. 47.1 of the Housing Code of the Russian Federation has been suspended. “Until the end of this year, owners will not have the opportunity to hold a general meeting in electronic form through the GIS housing and communal services system,” emphasized Alexander Evseev. “Now not only because of the technical unreadiness of the system, but also due to the fact that such a law has been adopted.”

Management companies and homeowners associations switch to another resource to disclose information

On July 1, 2016, the requirement of Part 10 of Art. 161 of the Housing Code of the Russian Federation on information disclosure in accordance with the information disclosure standard approved by Decree of the Government of the Russian Federation of September 23, 2010 No. 731. According to it, management companies and homeowners' associations had to publish information on the website www.reformagkh.ru and on the website of their company. At the same time, from July 1, 2016, management companies and homeowners associations have an obligation to post information in the GIS housing and communal services system, which is provided for by Federal Law No. 209-FZ of July 21, 2014 and the new part 10.1 of Art. 161 of the Housing Code of the Russian Federation, which states: “The management organization is obliged to provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed on the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation, about their cost, about prices (tariffs) for the provided utility services through its placement in the system.” The same requirements apply to HOAs.

The management company and the homeowners association must complete this procedure by January 1, 2017. “During the transition period, which will last until January 1, 2017, we will not fine management companies and homeowners’ associations for failure to disclose all necessary information in relation to each house on these resources,” said Marat Ismagilov. The corresponding decision was made State Duma Russian Federation (Federal Law dated June 3, 2016 No. 175-FZ).

Marat Ismagilov also explained that the State Housing Inspectorate of the UR imposes fines in the amount of 30,000 rubles on those management companies that have not yet registered with the State Information System for Housing and Communal Services, although management companies were required to do this since August 1, 2015. Management companies are also required to promptly indicate the houses under their management. To date, administrative cases have been initiated against five management organizations LLC "UK Kama" (Izhevsk), LLC LLC "Soyuz" (Izhevsk), MUP UK in housing and communal services (Zavyalovsky district), LLC "Teplichny" (Zavyalovsky district ), LLC Management Company "Prestige" (Uvinsky district). As a result of measures taken by the State Housing Inspectorate of Udmurtia regarding management companies, to date 106 management organizations managing apartment buildings have posted information in the GIS Housing and Communal Services. The offender remains alone management organization LLC "UK Kama", which has already been fined 30,000 rubles. and was called again to draw up a new protocol.

It’s faster to switch from the “common boiler” to a special account

Recently, changes were adopted to the Law of the Republic of Uzbekistan on major repairs, which established the deadline for making a contribution for major repairs for houses on a “common boiler” until the 20th of each month and the deadline for transferring from the “common boiler” to a special account within 1 year.

Previously, if the owners first chose a “common pot”, and then changed their minds and decided to open a special account, then they had to wait two years to implement their decision. “It was believed that the UR Overhaul Fund may not have time, within the framework of its current activities, to transfer funds already accumulated by the owners of the house to a special account,” said Alexander Evseev. “But it turned out that it was quite possible to do this, and the UR Overhaul Fund itself initiated a law to reduce the transition period by half.”

The transition period is even shorter for residents of houses that were put into operation less than 5 years ago and fell into the “common pot”. For them, the decision to choose a special account, which they made at the general meeting, comes into force after 1 month, so that they can exercise the right to suspend the payment of contributions for major repairs.

Payment for heating in equal installments - until 2017

The third new legislative act - Decree of the Government of the Ural Republic dated June 20, 2016 No. 252 “On the application in the Udmurt Republic of the method of payment for utility heating services”, approved the method of uniform payment for heating throughout the calendar year. This was described in more detail in the press release of the Association of Councils of Houses of the UR dated June 28, 2016. From July 1, 2016, Rule No. 307 “On the procedure for providing utility services,” which determined the procedure for calculating heating fees, became invalid. In this regard, the question arose of how to accrue it further - based on consumption, according to meter readings, or in equal monthly installments throughout the year. The answer was the Decree of the Government of the Republic of Uzbekistan No. 252.

By Decree of the Government of the Russian Federation No. 354 as amended by Decree of the Government of the Russian Federation No. 603 of June 29, 2016, regions are given the right to determine the method of payment for heating “in equal shares” (over all 12 months of the year) or “in fact” (for only 8 months, excluding summer months when the heating is not working). In this case, the decision begins to apply on July 1 or the beginning of the heating season next year, and can also change annually until October 1 of each year. Thus, in the Udmurt Republic for 2017, another method may be chosen - based on the fact of consumption of the service. The “equal shares” method is still valid until the end of 2016.

Lawyers receive questions about the contents of 97 Resolutions with enviable regularity.

Decree of the Government of the Russian Federation No. 97 “On federal standards for payment of residential premises and utilities for 2016-2018,” which is also popularly called “Law on Housing and Communal Services No. 97,” was canceled in May 2017, but lawyers continue to receive questions regarding its content. Many mistakenly believed and continue to think that this document exempts all residents from paying for housing and communal services - supposedly, the state pays money to utilities for them according to the standards established in 97 Decree of the Government of the Russian Federation on housing and communal services. This is wrong.

Let us tell you in more detail what Resolution 97 on housing and communal services was, how to receive and who is entitled to the subsidies discussed in the document.

Questions for lawyers

As mentioned above, lawyers receive questions about the contents of Resolution 97 (you can download the document) with enviable regularity. The people have formed a myth that interbudgetary transfers aimed at providing financial assistance to the regions of the Russian Federation to compensate for the costs of paying for housing and communal services individual categories citizens, cover not only the expenses of beneficiaries, but also other citizens of the Russian Federation.

Various pseudo-experts on housing and communal services issues make their contribution to maintaining the mythology on this matter, who continue to prove that there is no need to pay for utilities - everything has already been paid for by the federal budget. Numerous videos on this matter, misleading citizens even more, can be found on Yotube.

And from some questions that the site’s lawyers received about this document.

“It is true that there are 97 Government Decrees on payment for housing and communal services and 822 RF Government Regulations, which finance payment for housing and communal services from the federal budget at the expense of interbudgetary transfers, and regional authorities collect contributions from citizens illegally?” – asks Kamil from Balashikha.

“I watched a video on the Internet about how it is illegal to collect payments for housing and communal services from residents, since there is Law 97 on housing and communal services, which abolished them?” – Anna Nikolaevna from Moscow is interested.

“Are there benefits for housing and communal services for ordinary citizens under 97 of the Decree on housing and communal services - how to get them and who are entitled to them?” – asks Dmitry from the Tver region.

And there are many such questions. Lawyers receive a similar flow of requests regarding payment major renovations, which you can read about in the article: .

What was regulated by Resolution 97 on interbudgetary transfers?

This document was important for budget planning and established “federal standards for payment of housing and utilities on average for the Russian Federation for 2016-2018, which are used to determine the amount of interbudgetary transfers allocated from the federal budget to the budgets of constituent entities of the Russian Federation, including to provide financial assistance to pay for housing and utilities.”

In other words, using the standards established in this RF PP federal budget compensated the costs of regional budgets for the payment of subsidies for housing and communal services for preferential categories of citizens. 97 The resolution was repealed on May 17, 2017 by Decree No. 584. In its place new document standards for payment for housing and communal services were not adopted. For budget planning, these standards have lost their meaning, and now interbudgetary calculations are made according to a different scheme.

Citizens were not affected by the repeal of the Government of the Russian Federation Decree No. 97 of 02/11/2016; the rules for providing subsidies to preferential categories of citizens are regulated by another document - Decree of the Government of the Russian Federation of December 14, 2005 N 761 “On the provision of subsidies for the payment of housing and utilities,” which continues act. Moreover, on July 28, 2018, changes were made to the document to simplify the process of obtaining financial assistance to pay for housing and communal services.

The fact that the repeal of Resolution 97 will not affect the rights of beneficiaries was separately stated by the Ministry of Construction of the Russian Federation in response to the corresponding appeal from the Office of the Government of the Russian Federation dated June 19, 2017 N p48-97591.

Explanations from the Ministry of Construction of the Russian Federation

MINISTRY OF CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES

ECONOMIES OF THE RUSSIAN FEDERATION

The Department of Housing and Communal Services of the Ministry of Construction and Housing and Communal Services of the Russian Federation considered the appeal sent by letter from the Office of the Government of the Russian Federation dated June 19, 2017 N p48-97591 (input of the Ministry of Construction of Russia dated June 21, 2017 N 28707-OG) and within its competence reports the following.

In order to optimize legislation regarding the distribution of subventions, by Decree of the Government of the Russian Federation dated May 17, 2017 N 584 “On invalidating the Decree of the Government of the Russian Federation dated February 11, 2016 N 97”, a decision was made to terminate the Decree of the Government of the Russian Federation dated February 11, 2016 N 97 “On federal standards for payment of housing and utilities for 2016 – 2018.”

Cancel federal standards is in no way related to and will not affect the purpose and provision of subsidies for payment of housing and utilities.

Acting Director of the Department

housing and communal services

Conclusion

There is no law on housing and communal services that exempts citizens from paying utility bills. Decree of the Government of the Russian Federation 97 on housing and communal services was mistakenly considered such a “law” - this document had a completely different meaning. Today this resolution has been canceled. Citizens have the right, as before, to receive subsidies to pay for housing and utilities in the manner established by the Housing Code of the Russian Federation and the RF Resolution of December 14, 2005 N 761.

In the new year, 733 adopted so far will come into force. legal acts. Among the innovations, we can highlight a change in the rules for calculating penalties for late payment of housing and communal services. From 2016, if there is a debt for utilities for a period of up to 30 days, penalties will not be accrued; from the 31st to the 90th day inclusive of the debt, penalties, as now, will be “dripped” daily at 1/300 of the debt amount, and from the 91st day, the fine will increase to 1/130 of the refinancing rate of the amount of debt for each day of late payment. Today, there is no “grace month” for paying for housing and communal services, and the amount of the penalty remains unchanged regardless of the length of the delay - 1/300 of the refinancing rate of the debt amount for each day of delay ().

Another significant event is the refusal to index pensions for working pensioners. From 2016, the amount of the insurance pension and the fixed payment to it will be paid to them without taking into account the indexation of the fixed payment to the level of annual growth in consumer prices, increasing this payment taking into account the growth in the income of the Pension Fund and adjusting the size of the insurance pension when the pension coefficient and the level of inflation increase.

Another important innovation is the provision of a “discount” of 50% on the fine to drivers who do not challenge the violation. It will be available to motorists who have paid the fine within 20 calendar days from the date of its imposition. However, drivers who have been sentenced for driving will be deprived of this right. vehicle in a state of intoxication, refusal to comply with the legal requirement of a traffic police officer to undergo a medical examination and a number of other gross traffic violations(). How this norm will be implemented in practice is still unknown. We will monitor further developments.

Read more about these and other important legislative changes in 2016 in the infographic.

Click on the picture to enlarge

Related documents:

Federal Law of December 22, 2014 No. 437-FZ " "
Federal Law of July 13, 2015 No. 264-FZ " "
Federal Law of November 28, 2015 No. 348-FZ " "
Federal Law of December 14, 2015 No. 376-FZ " "
Federal Law of December 14, 2015 No. 373-FZ "On Amendments to Article 33.3 of the Federal Law "On Compulsory Pension Insurance in the Russian Federation" and the Federal Law "On Amendments to Certain legislative acts of the Russian Federation on issues of compulsory pension insurance in terms of the right of insured persons to choose a pension option "
Federal Law of November 23, 2015 No. 323-FZ " "
Federal Law of October 22, 2014 No. 310-FZ " "
Federal Law of November 3, 2015 No. 307-FZ " "
Federal Law of November 28, 2015 No. 340-FZ " "

Changes in housing legislation recent years are aimed at increasing the degree of participation of owners and tenants in the maintenance of not only the premises they own, but also common property and territory. Exactly what norms have undergone changes are described in the proposed material.

What are the most significant recent changes to housing law?

Speaking about recent changes in housing legislation, it is worth noting the most significant of them. For example:

From January 1, 2017, the procedure for calculating payment for the maintenance of residential premises has been changed. Now it includes the cost of individual utility resources spent on paying for common property (hereinafter referred to as CDI) (Law No. 176-FZ dated June 29, 2015).
Uniform requirements have been introduced for determining the amount of payment for the rental of residential premises under a social tenancy agreement or the rental of premises of a state or municipal fund (Order of the Ministry of Construction of Russia dated September 27, 2016 No. 668/pr). The new formula is based on the quality of the socio-economic situation in the region.
B Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved By Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, changes were made regarding gas supply (regarding the conclusion of contracts, equipment maintenance, etc.).
An obligation has been introduced to post all information about services and personal accounts of consumers in the Home page. information system Housing and communal services, administrative liability and civil consequences for non-accommodation.

New in housing legislation: payment for resources for maintenance of common property

One of the most sensational novelties of 2017 is a change in the amount of payment for utility bills in connection with the adoption of new regional standards for calculating the cost of resources spent on maintaining public property (the concept of utility resources itself was also introduced in 2017). Its consolidation legal norm found it in Art. 154 and hch. 9.1-9.3, 10 tbsp. 156 Housing Code of the Russian Federation. We are talking about the need to pay for such resources only if the structure itself assumes the possibility of spending them.

Payment for such resources is calculated based on the following indications:

common house metering devices;
automated information and measurement accounting system.

As an alternative, homeowners can decide at a general meeting to calculate the cost of paying for utilities based on:

from the standards established in the region;
last year's indicators for the same period, taking into account recalculation.

Consumption standards are determined at the level of the constituent entities of the Federation in the manner and according to the rules established by the Government of the Russian Federation in Resolution No. 306 dated May 23, 2006. at the moment All regions have already developed their own standards, but not all of them turned out to be justified.

Entering information into the GIS Housing and Communal Services

The Law “On Amendments...” dated December 28, 2016 No. 469-FZ postponed to 07/01/2017 the deadline for mandatory placement of information in the GIS Housing and Communal Services by suppliers of utility resources and organizations managing apartment buildings.

Previously, the GIS housing and communal services was replenished with data entered from state and municipal information systems and information about licensees in the field of entrepreneurship - management of apartment buildings. The latter were obliged to place in the GIS Housing and Communal Services information about houses that were managed in accordance with the Composition of information about apartment buildings..., approved. by order of September 29, 2015 of the Ministry of Telecom and Mass Communications of Russia No. 368, Ministry of Construction of Russia No. 691/pr.

Since July 2017, the obligation to enter the information listed in Art. 6 of the Law “On the State Information System of Housing and Communal Services” dated July 21, 2014 No. 209-FZ (hereinafter referred to as the Law on State Housing and Communal Services), is extended to most utility and management organizations, except for information providers operating in federal cities.

From 07/01/2017, housing control authorities had the opportunity to issue orders to place missing information in the system, but with a completion date after 01/01/2018 (letter of the Ministry of Construction of Russia dated 08/29/2017 No. 30838-ACh/04).

From 01/01/2018, a receipt not posted in the GIS Housing and Communal Services is not considered provided to the consumer (Part 8, Article 12 of the Law on GIS Housing and Communal Services), as a result of which:

the entity that should have posted payment information is subject to administrative responsibility according to Art. 13.19.2 of the Code of Administrative Offenses;
the consumer may not pay the receipt.

Thus, in 2017, the law in the field of housing and communal services was enriched with the new concept of “utility resources”. In addition, a new stage in the development of the GIS housing and communal services has begun: the legislator gave subjects obliged to place information in this system six months to master it, and since 2018 has introduced adverse consequences for violators.