In the constitutional court on Thursday held a heated debate on whether the owners of apartment houses to transfer money for major repairs, and whether funds occupants of a home to renovate another. The occasion was two requests of deputies of the state Duma — Chairman of the Duma Committee on housing policy Galina Khovanskaya esera and the chief lawyer of the CPRF Vadim Soloviev. Previously Khovanskaya has introduced several bills with amendments to the housing legislation in the state Duma, but many of them remained without movement.
Khovanskaya the court recalled that in late 2012, the Housing code (LC) changes have been made, which obliged all owners of privatized apartments on a monthly basis to pay for the repair regardless of the condition of the house.
Now tariffs for major repairs establish regional authorities, and the total amount is calculated based on the total square footage of housing. So, in Moscow the owners of flats pay 15 rubles per square meter, and in St. Petersburg from 2 to 3 rubles.
The LCD includes two versions of the accumulation of funds for major repairs. In one case, money into a special account at home. Another General account of the regional operator of the Fund, which is established by local authorities (e.g. in Moscow — Department overhaul of the city). In the second case, all funds fall into the “common pot” from which the operator can borrow to repair the other houses, though on a returnable basis. And if, in order to get funds to the special account, the owners should hold a meeting and to write the application, the second option is the default setting.
“Majority of apartment owners, not understanding, got to regional operators, had said Khovanskaya. But what they guarantee Housing code? For example, out of order Elevator or a pipe burst, and the money is in one pot. Residents will have to continue paying monthly payments into a common pot and to raise additional funds for repairs”. She noted that “the regional operator might go bankrupt, or the money may not be enough when the time comes to repair”.
Khovanskaya reminded that the regional authorities independently determine the period of General transition from the boiler to a separate account: in some regions, residents of the house after we hold a meeting and decide to establish a special account, will need several years to pay royalties into a common pot.
“You need the pyramid to turn, put on the base — if the owners want to stay in a common pot, then let them stay, but let writing will Express their desire,” insisted aserca.
In turn Solovyov asked to recognize illegal the requirement to pay for the first overhaul in the house. The MP pointed out that the state’s obligation to renovate old home enshrined in article 16 of the law “on privatization of housing property”, so all the requirements to transfer the money to overhaul illegal and should be cancelled.
“These contributions [to overhaul], in fact, should be regarded as a tax,” — said Solovyov.
Lower house deputies-the applicants did not support. The official representative of the state Duma, Deputy Chairman of the constitutional Committee Dmitry Vyatkin asked the COP to refuse satisfaction of the complaint. He insisted: their position, according to which each bears the burden of maintaining only your property, vicious. “So we will get to the point that if the house is leaking roof it will be a problem only the upper floors. The owners, however, the lower floors will be all right, then why do they charge money for the repairs?” — outraged the MP.
Vyatkin noted that the present system of fundraising is not perfect, and there are cases of misappropriation of funds. “But this is not the subject of today’s proceedings. The system undoubtedly needs work, but we are trying to convince that it is unconstitutional”.
According to Vyatkin, it is the system common pot allows you to repair a large number of old houses and to provide different categories of residents benefits. “In total, the repair can be carried out even if the tenants are unable to accumulate the required amount,” — Vyatkin has supported the official representative of the President Michael Krotov.
The same position was taken by the head of the legal Department of the Federation Council Yuri Sharadin, the representative of the government Michael Barshchevsky and the representative of the state office of public Prosecutor Tatyana Vasileva. Earlier media has published a review of the Department in which the state office of public Prosecutor, on the contrary, considered illegal payments for capital repairs. But later the Supervisory authority that letter was withdrawn. In court Vasilyeva has not commented on these variations in position.
Having listened to participants of process, high judges withdrew for decision. They may take from several weeks to several months.
According to the lawyer of Board “Pavlov & partners” Konstantin Savin, the state is not able to pay for the overhaul of houses. But the owners should have the right to control their money: how much and for what they pay. “We need to conduct an inventory of assets, determine the estimated cost of repairs and the time that it needs to be done, and, on this basis, calculate the amount of payments for each region”, — said the lawyer.