Is it true or a myth that pensioners do not pay for major repairs?

Regulatory regulation

As established by Article 154 of the Housing Code of the Russian Federation, the fee for major repairs is included in the mandatory utility payments.

Art. 169 of the RF Housing Code provides for the right of certain categories not to pay for major repairs. This applies to residents of apartments in dilapidated buildings and housing subject to demolition, persons over 70 years of age.

At the same time, it is stipulated that regional legislation may establish benefits in the form of partial or full compensation of contributions to persons over 70 years of age.

Partial compensation for major repairs is provided for disabled people (Article 17 of the Law on Disabled Persons) and veterans of war, combat operations, survivors of the siege of Leningrad, as well as their families (Law on Veterans).

Law No. 221-FZ, adopted on July 29, 2018, introduced changes that come into force in 2020, expanding the list of beneficiaries, officially adding to their list persons who are disabled.

Muscovites enjoy benefits established by the Moscow government. Registration of compensation and determination of the categories of Muscovites eligible to receive state assistance are regulated by two regulations - Law No. 10 of March 23, 2016 and Resolution No. 161-PP.

Should everyone expect a refund?

The opportunity to receive compensation for payments for major repairs became available to Russian pensioners in 2020. However, the Housing Code establishes the need to develop regional regulations on the rules for providing compensation. In 2018, such a regulatory act was developed by all constituent entities of the Russian Federation. But the beginning of the document's validity varies.

Although federal legislation establishes the right of a pensioner to receive benefits (from the age of 70, compensation of 50% of the monthly payment, from the age of 80, complete exemption from making contributions), in practice it has been implemented throughout the country at different times.

Expert opinion

Belyaev Evgeniy Alexandrovich

Generalist lawyer. Specializes in housing issues, mortgages and country real estate.

Do pensioners have to pay for major repairs? Yes need. But the funds will be compensated from the corresponding budget.

A citizen of the Russian Federation under the age of 70 can receive compensation if the costs of utilities and housing services, including the costs of major repairs, are higher than permissible.

According to the state standard, if utility costs cost more than 22% of the owner's income, he is entitled to compensation. The amount of the subsidy is the difference between the established contribution and the actual contribution to the budget. In the regions, the percentage of benefits is significantly lower than in the federal districts. For example, in the capital, citizens apply for a subsidy if their costs exceed more than 10% of income.

Payment for capital repairs of a building for pensioners is calculated as follows: the minimum contribution per 1 sq.m. × number of sq.m. of housing.

1. Dates when the building was built.
2. Number of entrances.
3. Number of floors.
4. Purposes.

• for a single citizen the normalized area is 33 square meters. meters;
• for two residents - 21 sq. meter for each;
• for three people or more – 18 sq. meters for each.

All square meters exceeding established standards are subject to charges on general terms.

Who is eligible for benefits

The list of beneficiaries entitled to receive compensated payments is indicated in Moscow government resolutions No. 833-PP, No. 478-PP.

These include:

• Muscovites with large families who have given birth or adopted more than 3 children, with the youngest child being under 16 years old;
• citizens with large families who have given birth and are raising more than 10 children;
• disabled people, including disabled children;
• citizens who have received the title “Honorary Donor”;
• persons who have the “Moscow Defense” medal;
• citizens who survived 1941-1942. in Moscow.

In addition, payments are due and processed:

• heroes of WWII, disabled people of WWII, their relatives;
• to the siege survivors of Leningrad;
• military veterans;
• heroes of labor of the USSR and the Russian Federation;
• children left without parents;
• heroes of Russia and the USSR;
• members of military families who died in service;
• lonely and unemployed Muscovites after turning 70 years old.

Important ! If people from different benefit categories live in a family , compensation payments are not summed up !

In addition to the persons named, families with incomes below the subsistence level can receive a subsidy for major repairs..

Failure to pay for major repairs: penalties

In case of non-payment, debtors are sent notices reminding them of the existing debt. It is recommended not to wait until the case regarding payments for major repairs goes to court. After all, the procedure will require an explanation for all interested parties. And a story about the missing amount.

Expenses are increased due to the application of penalties. Indeed, in case of late payment of fees, new fines are introduced. If debtors evade payments, other penalties are applied to them. For example, they suspend other types of assistance, even if there are other legal grounds.

Compensation amount

Completely exempt from paying for major repairs:

• lonely old people 80 years old;
• citizens who have served the country (heroes of labor, holders of the Order of Glory, etc.).

Other preferential categories of citizens have the right to receive compensation in the amount of 30 to 50%.

When calculating the payment, the social housing standard is taken into account:

• for single citizens - 33 sq.m;
• for two people - 21 sq.m. per person;
• if the family consists of 3 people or more - 18 sq.m.

Who is eligible for the subsidy?

A subsidy is possible if the residential building is included in the capital repair program. This means that before collecting documents to receive benefits, a pensioner or an elderly man applying for a subsidy must find out this information.

Regardless of the region of residence, the benefit is given to citizens with disabilities of groups I and II, children with significant disabilities and families that include such. This category of citizens is entitled to a 50% subsidy from contributions made to the fund.

The preferential percentage is determined taking into account the age of senior citizens. Those between 70 and 80 years old are entitled to a 50% benefit, those over 80 years old are entitled to a 100% benefit.

1. A citizen receiving cash benefits for long service does not work.
2. Lives alone or with an unemployed elderly person.
3. There are no debts for utilities.

The benefit can be provided in reverse order, when the money arrives in the applicant's bank account, so it is opened in advance (if one does not exist).

Features of providing benefits in Moscow

Compensation for capital repairs is provided automatically if beneficiaries are already receiving benefits , the unified information system contains information about the right to payments , as well as other information ( data about relatives , housing ). If the above information is not available in the authorized organizations of Moscow, the beneficiary can apply for the benefit personally or through a representative.

In other regions

• In St. Petersburg, as part of a program designed for 25 years, during which all registered buildings must be renovated, a decision was also made to provide benefits to pensioners over 70 years of age from July 1, 2020.
• Also in February 2020, a similar regulatory act was adopted in the Belgorod region, but its effect will begin only on July 1, 2016.
• In Kostroma, the corresponding law was adopted practically together with federal changes - at the end of 2020, in order to begin benefits from January 1, 2020.
• In the Ulyanovsk region, a law allowing single elderly people to be exempted from paying the full monthly cost of major repairs was adopted in February 2020. The final paragraph of the law indicates the extension of the rules on benefits from January 1, 2016. Thus, pensioners who paid 100% of the contribution cost for January have the right to expect a refund of the full amount (if the citizen is over 80 years old) or half (if the citizen is between 70 and 80 years old).
• In the Kaluga region, the law has been adopted, but its effect is limited to the current year; whether it will be extended in 2020 is still unknown.
• The Oryol region became one of the first where, along with elderly pensioners who have reached the age of 80, residents of new buildings are completely exempt from paying capital repair payments during the first two years of operation.

Documents for benefits

When applying for a benefit you must provide:

• family certificate;
• documentation of ownership of the apartment (certificate of registration, extract from the Unified State Register of Real Estate);
• a certificate confirming the status of a citizen;
• passport of the citizen and citizen;
• power of attorney executed by a notary (in case of registration of benefits by a representative);
• work book;
• an extract from a household register or financial personal account;
• paid receipts;
• certificate of absence of debt on rent and monthly payments;
• information about periods of work from the pension fund (personalized accounting data);
• income certificate (for low-income citizens).

Important ! Benefits can be provided only for one property , regardless of the number of residential premises owned !

Social norms of housing

The amount of reimbursement, even 100%, may still not compensate for the entire capital repair contribution for pensioners. This is impossible when a person lives in an apartment with a square footage exceeding the registered regional area standards, since the amount of the benefit is, among other things, tied to this indicator:

• for an elderly person the figure is thirty-three square meters;
• if two people are registered in the apartment, then the amount is calculated from forty-two meters;
• for a family of three or more people, from eighteen.

If the owner owns an area that exceeds the norm, then for most categories this benefit does not apply. And one more nuance, providing compensation for expenses is beneficial only in the case when there are no benefits for other services (home front worker, disability, and so on). For example, for a labor veteran, the amount to be returned is one thousand three hundred rubles, the overhaul benefit will cost three hundred. Therefore, it is clear that you need to give up claims to the second one, and to do this, contact the social policy department.

It is important to know! The authorities assure that the compensation will not disappear with the death of the beneficiary, it will be received by the heirs.

How to receive: step-by-step instructions

Receiving a benefit is possible provided that the beneficiary is the owner of housing or a share of residential premises , or a tenant under a social tenancy agreement .

Are there any benefits and from what age?

Benefits for pensioners to pay for major home repairs have the following features:

• Provided no earlier than the date when the citizen turns 70 (80) years old.
• Valid exclusively for situations where one (two) elderly citizens live in the apartment. If an able-bodied tenant registers there, the family begins to make contributions for major repairs in full.
• They are compensatory in nature. First, the owner pays the amount indicated on the receipt, and then issues a refund.
• Valid exclusively for apartments where the senior citizen has permanent registration.
• They are of a declarative nature, i.e. are not provided by default. To receive a refund, the apartment owner applies to government agencies.

The amount of compensation for major repairs to pensioners depends on regional standards: the minimum amount of contributions collected from owners of square meters, the standard footage of premises.

How to apply?

Benefits for different categories of pensioners are established from the month following the date of submission of documents, but not earlier than the date when the applicant turns 70 (80) years old. To obtain compensation, apartment owners contact the MFC at their place of registration or the social security authorities.

To receive benefits, people turn to the MFC.

The application is submitted in one of three ways:

• on a personal visit;
• through a representative acting under a power of attorney;
• through an application on the State Services website (an application via the Internet is submitted by persons who have obtained extended access to the portal).

To process compensation, the following procedure is used:

• a citizen finds out whether his house is included in the capital repair program;
• waits for the first receipt to arrive;
• makes the payment (the obligation to pay monthly amounts is not removed from the pensioner; debt for utility services deprives the right to receive compensation).

To apply for a benefit for major repairs, a pensioner submits the following documents:

• general passport with registration mark;
• original SNILS;
• the main document on ownership of square meters (extract from the Unified State Register or certificate);
• an extract from the personal account listing all persons registered in the living space;
• papers confirming that the citizen has stopped working (work book);
• receipts for previous months with attached payment receipt;
• Bank card details where the refund of contributions for major repairs will be credited.

To receive benefits, you need a document certifying that the citizen is no longer working.
The listed documentation is submitted by the pensioner personally or through a legal representative.

To receive benefits for major repairs, a citizen must fill out an application. A unified form approved by the regional executive authority is used. It is provided upon request from the MFC or social security.

The form contains the following information:

• basis for compensation of contributions for major repairs (a single pensioner or a couple of older people);
• Full name of the applicant;
• Date of Birth;
• passport details;
• registration address;
• contact phone number and email for communication;
• details of the card to which funds will be transferred;
• method of collecting money for major repairs (through a regional operator or a special account);
• data on the regional regulatory act giving the right to the benefit;
• consent to the processing of personal data;
• list of attached documentation.

When filling out documents, you must provide an email address.

The application is certified by the handwritten signature of the pensioner or his legal representative, acting by proxy, and dated. The document is prepared in two copies: one remains with the government agency, the second is returned to the citizen with a mark of acceptance.

Refusal to issue compensation for major repairs occurs in the following cases:

• work activity of a pensioner;
• presence of debts (information for the last 6 months is taken);
• an attempt to apply for a benefit for non-residential premises;
• non-compliance with social standards for housing footage established in the subject of the federation;
• the applicant lives together with working relatives;
• the senior citizen does not have ownership rights to the apartment;
• inconsistencies, errors in the submitted documentation.

The legislation of the constituent entities describes the actions of a pensioner to find out whether there are benefits and what is the procedure for applying for them. Compensation is of a declarative nature, i.e. To obtain it, active actions from the applicant are required: collecting documentation and submitting an application to the government agency.

The law on the abolition of contributions for capital repairs for older people was considered at the end of 2020. At the first consideration, it was supported by all parliamentary factions, when it proposed to exempt persons over 80 years of age who live alone from paying contributions. This also applied to older married couples, provided that their housing complies with social standards and none of the family members work.

The amendments made to the second consideration included:

• reimburse half of the costs to citizens over 70 years of age;
• completely exempt from paying contributions for persons over 80 years of age.

In addition, disabled people and families that include children with significant disabilities could receive a 50% benefit.

Do pensioners need to pay for major repairs of a residential building today?

According to the bill on preferential policies adopted in January 2016, if a citizen receiving cash benefits for long service has debts for utilities, he has the right to apply for a subsidy after full repayment of the debt and provided that in the future contributions will be made regularly.

Refusal to provide benefits

In cases provided for by regional legislation, benefits may be denied. The authorized body makes a decision on refusal to provide compensation for contributions for major repairs.

Notice of refusal must be made in writing, indicating the reasons.

The grounds for refusal are:

• provision of an incomplete package of documents;
• filing an application by an unauthorized person;
• provision of documents that are no longer valid or with knowingly false information;
• lack of right to receive benefits;
• the applicant or a member of his family already receives a benefit for paying for major repairs.

The decision to refuse can be appealed to the court.

Rules for writing an application

To receive a subsidy, the first thing you need to do is submit an application to the territorial body of the Ministry of Social Protection. This can be done either independently or by contacting the MFC or through the state Internet portal of State Services.

1. Full name of the person who owns the property.
2. Address.
3. Account number.
4. Application submission date and signature.

The application is submitted along with a package of documents (the list is presented below).

You will be able to receive your first payments in March or April either at the post office or by transfer to a bank account. Benefits are accrued every month.

Answers to frequently asked questions.

Question 1. My grandmother is 84 years old, she is a veteran of socialist labor. Is she entitled to receive benefits and in what amount? Answer: Your grandmother is completely exempt from paying contributions for major repairs in accordance with Part 2.1 of Article 169 of the RF Housing Code due to her reaching the age of 80 years.

Question 2. I am a disabled person of the 1st group, and my husband is a non-working pensioner of 70 years old, what compensation for major repairs can we expect? Is it possible to get 100% compensation? Answer: Only one of you has the right to apply for a benefit in the amount of 50% of compensation for housing costs.

Question 3. I am a survivor of the siege of Leningrad, I have lived alone in Moscow for more than 40 years, can I receive compensation for major repairs and be completely exempt from this payment? Answer: You can count on a compensation payment, which will be calculated according to the established housing standard, for an area not exceeding 33 sq.m.

Contribution for major repairs

According to the rules established by the Housing Code of the Russian Federation, major repairs are paid for through monthly contributions to the fund on behalf of each tenant. These payments are stored in a special account, accumulated to a certain amount and spent only for their intended purpose in accordance with the program. Contributions are not made if:

• the house is beyond repair;
• housing is recognized in accordance with the established procedure as unsafe;
• the house is subject to demolition (there is a corresponding decision from government agencies);
• there is a decision to withdraw a specific residential building from the use of citizens and transfer it to the jurisdiction of municipal authorities.

Housing issues related to paying for major repairs are dealt with directly by the authorities of the subject, since only general principles of preferential policies are established at the federal level.

In each region, the amount of contributions is determined by a resolution of the Government of the subject - this rule is enshrined in Art. 156 Housing Code of the Russian Federation. The amount is calculated depending on the type of building, number of floors, entrances. For example, in the capital they rent out for major repairs an average of 15 rubles per sq.m. (in the regions - 2-9 rubles).

A simple calculation allows you to determine the approximate amount to be paid for major repairs, which ranges from 300 to 2000 rubles, depending on the area of ​​the housing. In this regard, additional housing costs for certain categories of citizens have become significant, and in some cases, unaffordable.

Therefore, for many, especially pensioners, the law on benefits for major repairs, which has been in force in Russia since 2016, has become expected.

The Housing Code of the Russian Federation established rules according to which residents began to be obliged to make contributions for major repairs by making monthly contributions to the fund.

• the building cannot be repaired;
• the condition of the housing is classified as emergency;
• according to a decision made by government authorities, the building is subject to demolition;
• there is a decision according to which the building is withdrawn from civil use with its further transfer to municipalities.

The contribution for major repairs for pensioners is determined in accordance with the regulations of the Government of the subject (in accordance with Article 156 of the Housing Code of the Russian Federation).

The final contribution amount depends on the type of building, the number of entrances and floors of multi-apartment housing. For example, in the regions the payment can be calculated from 2 to 9 rubles per square meter, while in Moscow they pay about 15 rubles for the same area.

Using simple calculations, you can calculate the approximate amount you need to pay for repair work. As a rule, on average it ranges from 300-2000 rubles (depending on the square footage of the housing).

For some citizens, such housing expenses have become significant or even unaffordable, so you can often hear from older citizens that I pay regularly, but not the full amount. The legality of contributions for major repairs was considered by the Constitutional Court of the Russian Federation. No contradictions were identified between the articles of the LC and the provisions of the Constitution of the Russian Federation.

Expert explanation on the issue of benefits for major repairs

As Alexander Sidyakin, First Deputy Chairman of the State Duma for Housing Policy, explained, the amendments being made to the Housing Code of the Russian Federation are aimed at simplifying the receipt by beneficiaries of compensatory payments for major repairs.

In addition, A. Sidyakin noted that obtaining certificates of absence of debt cannot be entrusted to a bona fide payer; if the body providing the subsidy doubts the bona fides of the beneficiary, he himself must clarify the issue of paying utility bills.

Earlier, A. Sidyakin noted the injustice of issuing benefits in the case of a disabled person and a pensioner living together in the same apartment, since one has to choose one of the provided payments. Thus, a disabled person, who rarely owns an apartment, is deprived of his right to receive benefits guaranteed by the law on persons with disabilities.

Is it possible to get a benefit for a previous period?

Pensioners are a weakly protected category of the population. The situation gets worse if these people reach 70 or 80 years of age.

Sometimes older people learn about their right to benefits from their friends and neighbors, for example, said a senior resident in an apartment building.

In this case, they have a question: is it possible to return funds paid earlier than the benefit was issued in the social protection department? The answer to this question is positive, however, some conditions are met:

• You can receive compensation only for the paid period, that is, there should be no debts;
• The benefit still needs to be issued;
• You can compensate for a period not greater than that which has passed since the onset of 70 or 80 years of age.

Interesting information: Preferential queue for obtaining a voucher to a sanatorium

If the heirs received an apartment and found out that the former owner, who had the right to the benefit, did not apply for it, then they will no longer be able to receive the funds. The right to compensation belongs only to the pensioner himself and is not inherited.