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Should retirees pay for overhaul. Benefits for major repairs in the regions. How to draw up documents and apply

It is no secret that many pensioners in the Russian Federation are experiencing serious financial difficulties. A significant expense item for them is the rent, which includes all the costs of maintaining housing and paying for utilities. One of the types of such expenses is the payment for major repairs. However, here the state came to the aid of the elderly, establishing benefits for pensioners for major repairs of the house. Consider what benefits pensioners have for overhaul provided by the current legislation.

Payment for overhaul by pensioners - legal framework and categories of beneficiaries

The obligation of homeowners to pay contributions for overhaul is provided for by Art. 169 LCD RF. The same article lists the preferential categories of real estate owners:

  1. Benefits for overhaul for retirees over 70 years old living alone are provided at a rate of 50%.
  2. Benefits for overhaul for retirees after 80 years of age living alone are set at 100%.
  3. Overhaul benefits for pensioners over 70 years old who live in a family consisting only of pensioners, the law established at 50%
  4. Payment for major repairs by pensioners over 80 years old living in a family consisting only of pensioners is fully subsidized, i.e. 100%

However, not everything is so simple and the benefits for paying for overhaul by pensioners over 70 and over 80 are associated with the fulfillment of certain conditions.

Firstly, benefits for pensioners in paying for major repairs are provided only within the limits of living space standards established in the region. And secondly, the law gives the very granting of benefits to pensioners for overhaul to the discretion of the regional authorities.

Federal legislation only says that local authorities have the right to establish benefits for pensioners for major repairs, but does not at all oblige them to do this.

Benefits for labor veterans to pay for capital repairs are also referred to the competence of regional authorities (Art. 22 of the Law of 12.01.1995 No. 5-FZ "On Veterans")

In the following sections, we will consider what payment for overhaul for pensioners is set at the federal level in the constituent entities of the Russian Federation.

Federal benefits for overhaul

The above benefits for major repairs to pensioners over 70 years old are given at the discretion of the regional authorities. However, in this area there are also federal categories of beneficiaries. These are not necessarily retirees, but in many cases these people may be of retirement age. All citizens listed below are entitled to a 50% overhaul benefit:

  1. Participants and invalids of the Second World War and members of their families, war veterans, blockade soldiers (Chapter II of the Law of 12.01.95 No. 5-FZ "On Veterans").
  2. Disabled people of groups I and II, disabled children and their parents (Art. 17 of Law No. 181-FZ of November 24, 1995 "On social protection of disabled people in the Russian Federation")
  3. Victims of radiation disasters (Chernobyl nuclear power plant, PA Mayak, Semipalatinsk test site).

Payment for overhaul for retirees in Russian regions

As follows from the provisions of the RF Housing Code, whether pensioners pay for overhaul in each constituent entity of the Russian Federation depends on the policy of the regional authorities. At the moment, regulations on benefits for overhaul have been adopted in all regions of the Russian Federation. Astrakhan Oblast and Tatarstan were the latest to join the preferential "campaign". In these subjects, the relevant laws were adopted only in 2017-2018, although the changes made to the RF Housing Code gave the regions the right to introduce benefits for pensioners on contributions for overhaul from the beginning of 2016.

The authorities of most of the subjects in this case did not show "originality" and simply rewrote the corresponding provisions of Art. 169 LCD RF. This was done in Moscow, the Moscow region, St. Petersburg and many other regions.

However, there are a number of constituent entities of the Russian Federation in which the preferential contribution for major repairs for pensioners differs from that prescribed in the RF Housing Code. Moreover, regional benefits for pensioners on a contribution for overhaul may differ from those specified in the code, both in the direction of improving the position of beneficiaries, and vice versa.

So, in the Tyumen region, payment for overhaul by pensioners over 70 is 100% subsidized (law of the Tyumen region of December 28, 2004 N 331).

On the contrary, in the Trans-Baikal Territory, payment for overhaul to pensioners over 70 is generally charged in full. A 50% discount is provided only after 80 years and only for certain categories of pensioners. In this region, benefits are provided for overhaul to labor veterans, rehabilitated victims of political repression, as well as pedagogical and social workers who worked in rural areas. This is indicated in the law of the Trans-Baikal Territory of 04.07.2016 N 1365-ЗЗК.

Also, many regions take into account the availability of federal benefits for retirees to pay for capital repairs, described in the previous section. Regional benefits for major repairs to pensioners and people with disabilities, or pensioners belonging to other categories of federal beneficiaries, are provided taking into account the preferences already available.

The procedure for obtaining a benefit

Preferential payment for major repairs by pensioners over 70 is registered with the social protection authorities of the region. The benefit can be provided both in the form of a reduction in charges and in the form of a compensation payment.

To obtain it, you must provide the following documents:

  1. Passport and pension certificate.
  2. Certificate of ownership of housing.
  3. Help on the composition of the family.
  4. Documents confirming the absence of debts for utility bills and overhaul.
  5. Income statement - if necessary (in some regions, the benefit is provided only to low-income pensioners).
  6. Bank account details (if the benefit is issued in the form of subsequent compensation).

conclusions

In most regions of the Russian Federation, pensioners do not pay for overhaul at all if their age is over 80 years old, and they live alone or together with other pensioners. From the age of 70 to 80, the regional benefit is 50% of the payment amount. If a pensioner belongs to the category of federal beneficiaries (WWII veterans, disabled people, Chernobyl victims), then a 50% benefit is provided regardless of age.

As you know, at the end of 2015, deputies of the State Duma adopted a law allowing pensioners to receive a refund on contributions for major repairs. The list of who can qualify for this benefit is discussed below.

Who is entitled to

It should be noted right away that benefits providing for the refund of funds for overhaul to pensioners after 70 years old are provided only if they are the owners of the apartment. This requirement is indicated in the regulations adopted in different subjects of the federation and is contained in the Housing Code of Russia, and specifically in its 169th article. In other words:

  • only persons over 70 years of age who are the sole owners of housing can apply for this benefit;
  • the rule does not apply to those pensioners with whom younger citizens also own an apartment;
  • it will not be possible to take advantage of this preference and the elderly, on whose living space people under 70 are registered;
  • continuing to work.

In fact, the legislation clearly limited the circle of people who will be provided with this benefit. In other words, only lonely pensioners who own an apartment make sense to apply for it to government agencies.

The regulatory framework of the Russian Federation also defines exactly the concept of "cohabitation". It covers, in particular, citizens:

  • registered at a specific address;
  • owning a share of an apartment.

The procedure for calculating contributions

The RF Housing Code states that contributions charged for overhaul must come from each apartment owner on a monthly basis. All this money is kept in a dedicated account and can be spent exclusively for specific purposes.

At the same time, money from tenants is not collected for major repairs in such cases:

  • the building will not be subject to repair;
  • the house is called emergency;
  • it should be demolished in the near future;
  • the building is going to be withdrawn and transferred to the disposal of the municipality.

All such issues are resolved at the level of local authorities. Federal legislation has determined only the general directions of the preferential policy. The amount of this fee is determined by the authorities of a particular entity.

Several parameters affect the amount of the overhaul contribution:

  • type of building;
  • its number of storeys;
  • number of entrances, etc.

For example, in Moscow, the average city fee is 15 rubles per square meter of housing. At the same time, in the Russian regions, citizens pay from 2 to 9 rubles.

Who pays less for overhaul

In general, the exemption from this fee - both full and partial (50 percent) - was received by:

  • WWII veterans;
  • Heroes of the Soviet Union and the Russian Federation;
  • war invalids;
  • Chernobyl victims, etc.

In addition, this list, as noted earlier, also included citizens over 70 years of age. However, the benefit for them will be relevant if they:

  • lonely;
  • does not work.

In this case, they can count on 50 percent compensation. They completely liberate those who have turned 80 years old.

Half of the fee is paid and:

  • disabled people of both the first and second groups;
  • families with disabled children.

How to apply for a benefit

The overhaul contribution is charged in full by default. In order to reduce its size, it is necessary first of all to find out whether your apartment building appears in the list of buildings to be overhauled. Data of this kind will not be difficult to obtain from the management company or from the HOA. In addition, you can also contact the regional administration.

After that, you will need (if any) to pay all utility bills. Without this, the benefit will not be assigned. The corresponding requirement is given in article 60 of the LC RF. As a result, quite often citizens who are unable to pay for communal services on time due to difficult circumstances are deprived of the right to benefits. Despite the certain absurdity of this rule, it should still be taken into account.

Then the beneficiary will need to go to the multifunctional center at the place of residence, having the following documents with him:

  • passport of the Russian Federation (age will be established according to it);
  • statement;
  • pensioner's ID;
  • certificate confirming the absence of debts;
  • certificate of ownership of the apartment;
  • an extract on the composition of the family from the house book;
  • personal data of persons living with a pensioner;
  • receipt of payment of the state fee;
  • income statement;
  • applicant's personal account number.

In addition, with such a question it is allowed to contact the social protection authorities. It is also quite convenient to resolve the issue through the website providing government services. If all the necessary papers are in order, then the privilege will be assigned within 10 days.

In a situation where an elderly citizen is not able to do business on his own because of poor health, representatives can do it for him. They must have a power of attorney for these actions, certified by a notary.

The law indicates, in particular, that the privilege is provided in two versions:

  • partial refund of previously paid funds;
  • accrual of a special subsidy.

Thus, the possibility of direct payment of the contribution is not provided, which often causes complaints from beneficiaries.

How are things in Moscow

In the Russian capital and the Moscow region, based on housing legislation, the highest tariff rates for contributions for major repairs have been introduced.

In 2016, a fairly large number of residents were forced to turn to the authorities for a benefit. At the same time, all citizens who live here and have reached the age of over 70 are automatically charged a contribution of 50 percent of the total rate. Other categories defined by law receive compensation on an application basis.

In Moscow, persons who have awards for the defense of the city from the Nazi invaders are also ranked among the privileged groups of citizens designated in federal legislation.

Recently, the payment for the overhaul of the apartment building has been completely entrusted to the apartment owners. Immediately after that, a law appeared that allows the provision of benefits for major repairs to pensioners and other citizens. In the article we will list all categories of beneficiaries and will focus on exactly what subsidy rules are provided for older people.

271-FZ, adopted at the end of 2012, finally determined that the collection of funds for major repairs in multi-storey buildings will be carried out at the expense of contributions every month from apartment owners. The first fundraising systems began operating in 2014. At the end of 2015, the president signed a law exempting certain categories of citizens from.

Which segments of the population are eligible for benefits?

The benefits established by the president for capital repairs apply, first of all, to single pensioners and disabled people. Citizens over the age of 80 can be fully exempt from payment, over 70 - by 50%. The word "may" is key here, since the law does not directly give benefits, but allows the regions to establish them at their own discretion.

According to the current rules, the following categories of citizens are also recognized as beneficiaries:

  • disabled children;
  • apartment owners whose children have disabilities.

In their case, the amount of the benefit is no more than 50%. The specific size and list of categories of citizens, partially exempt from payment, are also determined at the regional level.

In the case of pensioners after 70 years of age, the granting of benefits is carried out subject to three conditions:

  • lonely living;
  • ownership of housing;
  • lack of any other source of income other than a pension (employed older people are not provided with a benefit).

The benefit will work if the apartment is owned by one person over 70 or 80 years old. If among the owners or persons registered in the dwelling, in addition to the elderly, there is someone who is working or has not reached the age of 70, then the benefit is not eligible.

The criteria for pensioners to receive benefits for capital repairs are regularly questioned. For a better understanding, here are some examples.

  1. The home is owned by two retired spouses, each over 70 years old. None of the elderly people work, only they are registered in the apartment. These retirees are considered lonely, so they can receive a benefit.
  2. One man over 70 lives in the apartment, he is the sole owner. He has a son who has been living abroad for a long time, but remains registered on his father's living space. If, in such a situation, you apply for a major repair benefit, the pensioner will be denied. Formally, a person cannot be recognized as living alone. To receive a benefit, he needs to discharge his son from the apartment and again apply to the state authorities.
  3. One 80-year-old woman lives in the apartment, she is registered, but is not the owner. The owners of housing in Rosreestr are her son with his wife and children. In this case, Article 169 of the RF LC does not allow using the privilege, because it is only due to apartment owners.
  4. A man over 80 lives in the apartment with his son, who does not have a registration here. When a pensioner applies, a benefit will be provided, because he is officially recognized as single.

The privilege applies only to apartment owners - this is due to the fact that the obligation to pay contributions for major repairs of apartment buildings lies with them.

Categories of beneficiaries on contributions for overhaul

The current system of providing pensioners with benefits for paying for capital repairs is also complicated because the citizens who can count on the provision of subsidies are divided into two categories:

  • federal;
  • regional.

Federal beneficiaries receive a subsidy in any case, regardless of regional legislation. This includes the following subcategories of citizens:

  • disabled people and participants of the Second World War, as well as people who are equated to them in rights;
  • residents of besieged Leningrad, who received a corresponding sign as a reward;
  • combat veterans;
  • disabled people of the first and second groups;
  • disabled children;
  • apartment owners whose children have disabilities;
  • Russian citizens affected by radiation (first of all, "Chernobyl victims").

Regional beneficiaries include retirees over 70 and 80 years old, labor veterans and other categories that may be established by local authorities. For example, in Moscow, a 50 percent discount on overhaul payments is provided:

  • honorary donors (Moscow, Russian and Soviet);
  • having a medal "For the Defense of Moscow";
  • those who continuously served or worked in Moscow in 1941-1942 during the period of military operations in the Moscow direction.

If a decision is made at the local level to supplement the federal list of beneficiaries, then payments to them are made from the regional or city budget. For this reason, the spread of the categories of persons eligible for subsidies can be very large across the country.

How to apply for a benefit

Before applying for a benefit, you need to make sure that payments for overhaul are charged lawfully. For this, there is a registration list of MKD, whose residents are required to pay for this expense item. For information on whether a home is on the list, contact the property manager or your local government office. There are several cases in which major repairs are usually not required to be paid. For example, this rule applies to new buildings during the first few years after settlement and in houses that are going to be demolished.

To apply for a benefit, a pensioner is advised to pay off all debts for major repairs if he missed the required payment. In the presence of arrears, the subsidy is not provided. In practice, situations are often encountered when a person in a difficult financial situation cannot pay in full for utilities and housing services. The accumulated debts do not allow you to apply for a benefit, so a vicious circle turns out.

If there is no debt or it has been repaid, then in order to apply for a relief for overhaul, the pensioner must contact the MFC with the provision of a package of documents.

  1. Applicant's passport. It is needed, among other things, to establish the age of a person applying for a subsidy.
  2. Application for benefits. It should be short and informative. The application indicates the personal data of the person, the address of residence and the criterion for which the beneficiary falls.
  3. Extract from the USRN to confirm the ownership of the apartment.
  4. Documents confirming the status of a pensioner.
  5. Help showing the absence of arrears for housing and communal services.
  6. Extract from the house book, allowing you to see the people registered in the apartment.
  7. Information about people living with the applicant. They are needed if the benefit is issued on the fact of living in the same living space with non-working pensioners. The status of these persons also needs to be confirmed.
  8. Information about the income received by the applicant.
  9. Personal account data.

In addition to the MFC, you can contact the social security service with a similar question. The applicant can also apply for a relief for a fee for major repairs on the State Services website, but due to age, not all pensioners and veterans can deal with this issue. After submitting the documents, the applicant is entered into the register of beneficiaries with a recalculation in about 10 days.

If, due to old age or health conditions, a person is not able to personally submit an application and accompanying papers, then relatives and other trusted persons can help him. To do this, you need to contact a notary office and issue a power of attorney to perform such actions.

The benefit is provided in two options:

  • return to the specified personal account of a part of the funds contributed as payment;
  • subsidy for those citizens who are not able to pay the fee on receipt.

Benefits in the regions

It has already been noted above that article 169 of the RF LC indicates the right of regional authorities to provide benefits for paying for major repairs to pensioners and other categories of citizens. Subsidization is not the responsibility of the region and is at its discretion. In almost all regions of the country, local laws are currently in force, which regulate in detail the conditions for granting benefits, their amounts and the procedure for registration.

Rates for overhaul in high-rise buildings in Moscow are the highest in the country. If in some poor regions they start from 3-4 rubles per square meter, depending on the type of house, in the capital since July 2017 the rate has been raised to 17 rubles. For this reason, there are a lot of people in Moscow who apply for this benefit. When registering it, residents of the capital can provide a Muscovite card instead of a personal account.

In St. Petersburg, since July 2016, benefits have been given to pensioners who have reached the age of 70. The city has launched a 25-year program, during which it is planned to repair all registered apartment buildings.

One of the first regions that completely freed residents over 80 years old from paying for overhaul was the Oryol Region. In addition, the authorities of this subject exempted residents of new buildings from this item of expenses, but only during the first 2 years of the house's operation.

In the Belgorod region, pensioners have been receiving benefits since July 2016, in Kostroma since January 2016. In the Ulyanovsk region, a similar law has been in effect since February 2016, and it allows recalculation for the period from January 2016.

Each region has its own rules and features, and in many subjects they are regularly revised.