Rules No. 491 maintenance of common property.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ON APPROVAL OF THE RULES FOR MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING AND THE RULES FOR CHANGING THE AMOUNT OF FEE FOR THE MAINTENANCE AND REPAIR OF RESIDENTIAL PREMISES IN THE CASE OF PROVIDING SERVICES AND PERFORMING WORK ON THE MANAGEMENT, MAINTENANCE AND REPAIR OF COMMON PROPERTY IN AN APARTMENT BUILDING OF INCORRECT QUALITY AND (OR) WITH INTERRUPTIONS, EXCEEDING THE ESTABLISHED DURATION

(as amended by Decrees of the Government of the Russian Federation dated 05/06/2011 No. 354, dated 04/03/2013 No. 290, dated 05/14/2013 No. 410, dated 03/26/2014 No. 230, dated 12/25/2015 No. 1434, dated 05/30/2016 No. 480, dated 07/09/2016 No. 649,dated 12/26/2016 No. 1498, dated 02/27/2017 No. 232, dated 09/09/2017 No. 1091,dated March 27, 2018 No. 331, dated September 13, 2018 No. 1090, dated 10/12/2018 No. 1221,

dated 12/15/2018 No. 1572)

1. Approve the attached:

Rules for changing the amount of payment for the maintenance of residential premises in the case of provision of services and performance of management, maintenance and repair work common property in an apartment building poor quality and (or) with breaks exceeding the established duration.

(as amended by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498)

2. To recognize as invalid:

Government Decree Russian Federation dated February 17, 2004 No. 89 "On approval of the Fundamentals of pricing in the field of housing and communal services" (Collected Legislation of the Russian Federation, 2004, No. 8, Art. 671);

Decree of the Government of the Russian Federation dated July 30, 2004 No. 392 “On the procedure and conditions for citizens to pay for housing and utilities" (Collected Legislation of the Russian Federation, 2004, No. 32, Art. 3339).

3. To the Ministry regional development of the Russian Federation to approve, before October 1, 2006, regulations on the development, transfer, use and storage of operating instructions for an apartment building and inclusion in it necessary changes, shape specified instructions, and guidelines on its development and application.

4. To the Ministry of Justice of the Russian Federation submit to in the prescribed manner to the Government of the Russian Federation, a draft resolution of the Government of the Russian Federation providing for amendments to the Decree of the Government of the Russian Federation of February 18, 1998 No. 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with It” concerning the procedure for entering into the Unified State Register rights to real estate and transactions with it, records of rights to objects real estate, which are the common property of the owners of premises in an apartment building.

5. To the Ministry economic development and trade of the Russian Federation to approve, before October 1, 2006, the procedure for determining the composition of the common property of the owners of premises in an apartment building and the form of the document technical accounting such property.

6. Establish that the effect of subparagraph "d" of paragraph 24 and paragraph 25 of the Rules for the maintenance of common property in an apartment building, approved by this Resolution, extends to apartment buildings, permission for commissioning of which was received after July 1, 2007.

7. Establish that:

boundaries of isolated land plots, within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and sanitation, as well as the boundaries of coverage areas public easements within residential areas, neighborhoods to ensure unhindered service said property are established by the authorities local government before July 1, 2007;

"On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration"

On the specifics of establishing the amount of payment for the maintenance and repair of residential premises and utilities in connection with the adoption of this resolution, see letter of the Ministry of Regional Development of the Russian Federation dated October 12, 2006 N 9555-РМ107 In accordance with Articles 39 and 156 Housing Code of the Russian Federation The Government of the Russian Federation decides: 1. Approve the attached: Rules for the maintenance of common property in an apartment building; Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.2. Recognize as invalid: Decree of the Government of the Russian Federation dated February 17, 2004 N 89 “On approval of the Fundamentals of pricing in the field of housing and communal services” (Collected Legislation of the Russian Federation, 2004, N 8, Art. 671); Decree of the Government of the Russian Federation dated 30 July 2004 N 392 “On the procedure and conditions for citizens to pay for housing and utilities” (Collected Legislation of the Russian Federation, 2004, N 32, Art. 3339).3. The Ministry of Regional Development of the Russian Federation shall approve, before October 1, 2006, the regulations on the development, transfer, use and storage of instructions for the operation of an apartment building and making the necessary changes to it, the form of the said instructions, as well as methodological recommendations for its development and application.4. The Ministry of Justice of the Russian Federation shall submit, in accordance with the established procedure, to the Government of the Russian Federation a draft resolution of the Government of the Russian Federation, providing for amendments to the Decree of the Government of the Russian Federation of February 18, 1998 N 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with It "concerning the procedure for entering into the Unified State Register of Rights to Real Estate and Transactions with It records of rights to real estate objects that are the common property of the owners of premises in an apartment building.5. The Ministry of Economic Development and Trade of the Russian Federation shall approve, before October 1, 2006, the procedure for determining the composition of the common property of the owners of premises in an apartment building and the form of the technical accounting document for such property.6. Establish that the effect of subparagraph "d" of paragraph 24 and paragraph 25 of the Rules for the maintenance of common property in an apartment building, approved by this resolution, applies to apartment buildings, permission for the commissioning of which was received after July 1, 2007.7. Establish that: the boundaries of separate land plots within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and sanitation, as well as the boundaries of the zones of public easements within residential areas, microdistricts to ensure unhindered service of the specified property are established by local governments before July 1, 2007. ;the boundaries of blocks, microdistricts, public lands are determined by red lines in accordance with urban planning, land and housing legislation of the Russian Federation, and also ensures state cadastral registration of land plots on which apartment buildings are located, without charging fees to the owners of premises in an apartment building until July 1, 20088. Establish that explanations on the application of the rules approved by this resolution are given by the Ministry of Regional Development of the Russian Federation. Chairman of the Government of the Russian Federation M. Fradkov

Document text

Decree of the Government of the Russian Federation dated August 13, 2006 No. 491

Application

These Rules regulate relations regarding the maintenance of common property owned by right of common shared ownership owners of premises in an apartment building (hereinafter referred to as common property).

I. Determination of the composition of common property

1. The composition of common property is determined:
a) owners of premises in an apartment building (hereinafter referred to as the owners of premises) - in order to fulfill the obligation to maintain common property;
b) organs state power- for the purpose of monitoring the maintenance of common property;
c) local government bodies - for the purpose of preparing and conducting open competition for the selection of a management organization in accordance with Part 4 of Article 161 of the Housing Code of the Russian Federation.
2. The composition of common property includes:
a) premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or) non-residential premises in this apartment building (hereinafter referred to as premises common use), including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, strollers, attics, technical floors (including built-in garages and platforms for road transport, workshops, technical attics) and technical basements in which there are engineering communications, other equipment serving more than one residential and (or) non-residential premises in an apartment building (including boiler rooms, boiler rooms, elevator units and other engineering equipment);
b) roofs;
c) enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures);
d) enclosing non-load-bearing structures of an apartment building serving more than one residential and (or) non-residential premises (including windows and doors of common areas, railings, parapets and other enclosing non-load-bearing structures);
e) mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential and (or) non-residential premises (apartment);
f) the land plot on which it is located apartment house and whose boundaries are determined on the basis of state government data cadastral registration, with elements of landscaping and improvement;
g) other objects intended for maintenance, operation and improvement of an apartment building, including transformer substations, heating points, intended to serve one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries land plot, on which the apartment building is located.
3. When determining the composition of common property, information on rights to real estate objects that are common property contained in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Register), as well as information contained in the state land cadastre, is used.
4. In case of discrepancies (contradictions) in information about the composition of common property contained in the Register, state technical accounting documentation, accounting managers or other organizations, technical documentation for an apartment building, priority is given to the information contained in the Register.
5. Internal property is included in the common property engineering systems cold and hot water supply and gas supply, consisting of risers, branches from the risers to the first shut-off device located on the branches from the risers, the specified shut-off devices, collective (common house) cold and hot water metering devices, the first shut-off and control valves on the branches of the intra-apartment wiring from risers, as well as mechanical, electrical, sanitary and other equipment located on these networks.
6. The composition of common property includes in-house system heating system, consisting of risers, heating elements, control and shut-off valves, collective (common house) heat energy metering devices, as well as other equipment located on these networks.

See the Methodology for the distribution of general house consumption of thermal energy for heating between individual consumers based on the readings of apartment heat meters MDK 4-07.2004, approved by the decision of the State Construction Committee of the Russian Federation dated September 13, 2003 N 01-NS-12/1

By decision Supreme Court RF dated May 26, 2008 N GKPI08-1022, left unchanged by the Definition Cassation Board The Supreme Court of the Russian Federation dated August 14, 2008 N KAS08-397, paragraph 7 of these Rules was recognized as not inconsistent with current legislation

7. The common property includes an in-house power supply system, consisting of incoming cabinets, input distribution devices, protection, control and management equipment, collective (common house) metering devices electrical energy, floor panels and cabinets, lighting installations in common areas, electrical installations of smoke removal systems, automatic fire alarm internal fire-fighting water supply, freight, passenger and firefighting elevators, automatically locking devices for entrance doors of an apartment building, networks (cables) from the external border established in accordance with paragraph 8 of these Rules to individual, common (apartment) electricity metering devices, as well as other electrical equipment located on these networks.

By the decision of the Supreme Court of the Russian Federation of May 26, 2008 No. GKPI08-1022, left unchanged by the Determination of the Cassation Board of the Supreme Court of the Russian Federation of August 14, 2008 No. KAS08-397, paragraph 8 of these Rules was recognized as not contradicting the current legislation

8. The external border of electricity, heat, water supply and sanitation networks, information and telecommunication networks (including wired radio broadcasting networks, cable television, fiber optic network, lines telephone communication and other similar networks) included in the common property, unless otherwise established by the legislation of the Russian Federation, is the external border of the wall of an apartment building, and the border operational responsibility in the presence of a collective (common house) metering device for the corresponding communal resource, unless otherwise established by agreement of the owners of the premises with the provider of utilities or resource supplying organization, is the point of connection of the collective (common building) metering device with the corresponding utility network included in the apartment building.
9. The outer boundary of the gas supply networks that are part of the common property is the place of connection of the first locking device with an external gas distribution network.

II. Requirements for the maintenance of common property

10. Common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on the sanitary and epidemiological welfare of the population, technical regulation, consumer protection) is able to
providing:
a) compliance with the reliability and safety characteristics of an apartment building;
b) safety for the life and health of citizens, safety of property of individuals or legal entities, state, municipal and other property;
c) availability of use of residential and (or) non-residential premises, common areas, as well as the land plot on which the apartment building is located;
d) respect for rights and legitimate interests owners of premises, as well as other persons;
d) constant readiness engineering communications, metering devices and other equipment included in the common property for the provision of public services (supply utility resources) citizens living in an apartment building, in accordance with the Rules for the provision of public services to citizens;
f) maintenance architectural appearance apartment building in accordance with the design documentation for the construction or reconstruction of an apartment building.
11. Maintenance of common property depending on the composition, design features, degree of physical wear and tear and technical condition common property, as well as depending on the geodetic and climatic conditions of the location of the apartment building, includes:
a) inspection of common property carried out by the owners of premises and the responsible persons specified in paragraph 13 of these Rules, ensuring timely identification of non-compliance of the condition of common property with the requirements of the legislation of the Russian Federation, as well as threats to the safety of life and health of citizens;
b) lighting of common areas;
c) ensuring the temperature and humidity established by the legislation of the Russian Federation in common areas;
d) cleaning and sanitary cleaning of common areas, as well as the land plot included in the common property;

By the decision of the Supreme Court of the Russian Federation of November 21, 2007 No. GKPI07-985, left unchanged by the Determination of the Cassation Board of the Supreme Court of the Russian Federation of February 21, 2008 No. KAS07-764, subparagraph "e" of paragraph 11 of these Rules was recognized as not contradicting the current legislation

e) collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building;
f) measures fire safety in accordance with the legislation of the Russian Federation on fire safety;
g) maintenance and care of landscaping and landscaping elements, as well as other objects intended for the maintenance, operation and improvement of this apartment building located on a land plot that is part of the common property;
h) current and major repairs, preparation for seasonal operation and maintenance of common property specified in subparagraphs “a” - “d” of paragraph 2 of these Rules, as well as landscaping elements and other objects located for the maintenance, operation and improvement of this apartment building located on a land plot that is part of the common property.
12. Owners of premises have the right to independently carry out actions for the maintenance and repair of common property or to attract other persons to provide services and carry out work for the maintenance and repair of common property (hereinafter referred to as services, work), taking into account the chosen method of managing an apartment building.
13. Inspections of common property, depending on the method of managing an apartment building, are carried out by the owners of the premises, persons attracted by the owners of the premises on the basis of an agreement to conduct a construction and technical examination, or responsible persons who are officials governing bodies of a homeowners' association, housing, housing-construction cooperative or other specialized consumer cooperative (hereinafter referred to as the responsible persons) or the management organization, and if direct management apartment building - persons providing services and (or) performing work.
14. The results of the inspection of common property are documented in an inspection report, which is the basis for the owners of premises or responsible persons to make a decision on the compliance or non-compliance of the inspected common property (elements of common property) with the requirements of the legislation of the Russian Federation, the requirements for ensuring the safety of citizens, as well as on measures (events) necessary to eliminate identified defects (malfunctions, damages) (hereinafter referred to as the inspection report).
15. Services and works do not include:
a) maintenance and repair of doors to apartments, doors and windows located inside residential or non-residential premises that are not public premises;
b) insulation of window and balcony openings, replacement of broken glass windows and balcony doors, insulation of entrance doors in apartments and non-residential premises that are not common areas;
c) cleaning and cleaning of land plots that are not part of the common property, as well as landscaping and care of landscaping elements (including lawns, flower beds, trees and shrubs) located on land plots that are not part of the common property. Specified actions carried out by the owners of the relevant land plots.
16. Proper maintenance of common property, depending on the method of managing an apartment building, is ensured by:
a) owners of premises:
by concluding a management agreement for an apartment building with a management organization - in accordance with Part 5 of Article 161 and Article 162 of the Housing Code of the Russian Federation;
by concluding an agreement on the maintenance and repair of common property with persons providing services and (or) performing work (with direct management of an apartment building) - in accordance with Article 164 of the Housing Code of the Russian Federation;
b) a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative(when managing an apartment building):
through membership of premises owners in these organizations - in accordance with sections V and VI of the Housing Code of the Russian Federation;
by conclusion of premises owners who are not members specified organizations, agreements on the maintenance and repair of common property with these organizations - in accordance with paragraph 2 of Article 138 of the Housing Code of the Russian Federation.
17. Owners of premises are required to approve at a general meeting a list of services and works, the conditions for their provision and implementation, as well as the amount of their financing.

18. Current repairs of common property are carried out by decision general meeting owners of premises to prevent premature wear and tear and maintain operational performance and operability, eliminate damage and malfunctions of common property or its individual elements (without replacing fencing load-bearing structures, elevators).
19. The scope of work does not include work on routine repairs of doors to residential or non-residential premises that are not public premises, doors and windows located inside residential or non-residential premises. These actions are carried out by the owners of the relevant premises.
20. If the physical wear and tear of common property has reached the maximum level established by the legislation of the Russian Federation on technical regulation acceptable characteristics reliability and safety and does not ensure the safety of life and health of citizens, the safety of property of individuals or legal entities, government or municipal property, which is confirmed by the order issued accordingly federal authorities executive power, government bodies of the constituent entities of the Russian Federation authorized to exercise state control over the use and preservation housing stock Regardless of its form of ownership, the owners of the premises are obliged to immediately take measures to eliminate the identified defects.
21. Major repairs of common property are carried out by decision of the general meeting of premises owners to eliminate physical wear and tear, maintain and restore serviceability and performance indicators, in case of violation (danger of violation) of the established maximum permissible reliability and safety characteristics, as well as if it is necessary to replace the relevant elements common property (including enclosing load-bearing structures of an apartment building, elevators and other equipment).
22. The fact that the common property reaches the level of the established maximum permissible characteristics of reliability and safety is established by the owners of the premises or responsible persons with this fact reflected in the inspection report, as well as, accordingly, by the federal executive authorities, state authorities of the constituent entities of the Russian Federation authorized to exercise state control over the use and safety of the housing stock in accordance with federal laws and other regulatory legal acts Russian Federation.
23. In the decision to conduct overhaul owners of premises have the right to provide for the replacement of elements of common property if necessary to eliminate their obsolescence.
24. Information about the composition and condition of common property is reflected in the technical documentation for an apartment building. Technical documentation for an apartment building includes:
a) documents for technical accounting of the housing stock, containing information about the condition of common property;
b) documents (acts) on acceptance of work results;
c) certificates of inspection, checking the condition (testing) of utilities, metering devices, mechanical, electrical, sanitary and other equipment serving more than one room in an apartment building, structural parts of an apartment building (roof, enclosing load-bearing and non-load-bearing structures of an apartment building, objects located on a land plot and other parts of common property) for compliance of their operational qualities with established requirements;

Subclause d of clause 24 of these Rules applies to apartment buildings, permission for commissioning of which was received after July 1, 2007.

d) instructions for operating an apartment building in the form established by the federal executive body exercising the functions of developing public policy and normative legal regulation in the field of construction, architecture, urban planning and housing and communal services.
This instruction includes recommendations from the developer (contractor) for the maintenance and repair of common property, recommended service life individual parts common property, and may also include recommendations from designers, suppliers building materials and equipment, subcontractors.

Paragraph 25 of these Rules applies to apartment buildings whose commissioning permission was received after July 1, 2007.

25. A developer carrying out the construction, major repairs or reconstruction of an apartment building is obliged to hand over, against receipt, within one month after receiving permission to put the facility into operation, copies of the operating instructions for the apartment building (each on paper and electronic media):
the first copy - to a homeowners' association created in accordance with Article 139 of the Housing Code of the Russian Federation by persons who will have ownership of premises in an apartment building under construction;
the second copy - at the request of the first person who applied, who is the owner of residential premises in such a house (if the partnership has not been created);
the third copy - to the municipal archive of the urban settlement or municipal district, on the territory of which an apartment building is located.
26. Other documents related to the management of an apartment building include:
a) copy cadastral plan(maps) of the land plot, certified by the body carrying out activities for maintaining the state land cadastre;
b) an extract from the Register containing information about registered rights to real estate objects that are common property;
c) certified authorized body local government copy urban plan land plot for in the prescribed form(For apartment buildings, the construction, reconstruction or major repairs of which were carried out on the basis of a construction permit obtained after the Government of the Russian Federation established the form of an urban planning plan for the land plot);
d) documents indicating the content and scope of the easement or other encumbrances, with an attachment certified by the relevant organization (body) for state accounting real estate objects of a plan on which the scope and boundaries of the easement or other encumbrances relating to part of the land plot are marked (if there is an easement);
e) design documentation (copy project documentation) for an apartment building, in accordance with which the construction (reconstruction) of an apartment building was carried out (if any);
f) other documents related to the management of an apartment building, the list of which is established by a decision of the general meeting of premises owners.
27. Responsible persons are obliged to established by law Russian Federation procedure for receiving, storing and transmitting technical documentation for an apartment building and other documents, make necessary changes to them related to the management of common property.

III. Carrying by the owners of the premises general expenses for the maintenance and repair of common property

28. Owners of premises are obliged to bear the burden of expenses for the maintenance of common property in proportion to their shares in the right common property for this property by depositing:
a) fees for the maintenance and repair of residential premises in an apartment building - in the case of management of an apartment building by a management organization or directly by the owners of the premises;
b) mandatory payments and contributions from owners of premises who are members of a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative. At the same time, owners of premises who are not members of these organizations pay a fee for the maintenance and repair of residential premises in accordance with Part 6 of Article 155 of the Housing Code of the Russian Federation.
29. Payment for the maintenance and repair of residential premises is established in an amount that ensures the maintenance of common property in accordance with the requirements of the legislation of the Russian Federation, including payment of expenses for the maintenance and repair of intra-house utility networks electricity, heat, gas and water supply, sewerage, including collection of debt from owners of premises who do not fulfill properly their obligations to pay for residential premises and utilities.

By the decision of the Supreme Court of the Russian Federation of November 27, 2006 No. GKPI06-1244, left unchanged by the Determination of the Cassation Board of the Supreme Court of the Russian Federation of February 27, 2007 No. KAS07-7, paragraph 29 of these Rules regarding the words: “including the collection of debt from the owners of premises who do not properly fulfill their obligations to pay for residential premises and utilities" is recognized as not contradicting current legislation

30. The maintenance of common property is ensured:
a) owners of premises - at the expense of own funds;
b) owners of residential premises - citizens entitled to subsidies for the payment of residential premises and utilities - at their own expense using the subsidies provided to them;
c) owners of residential premises - individuals who have received (receiving) in accordance with federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments, compensation for expenses (part of expenses) for paying for residential premises and utilities or for cash payments provided as measures social support citizens to pay for residential premises and utilities provided from the relevant budgets - at their own expense using compensation for expenses for paying for residential premises and utilities or corresponding cash payments;
d) owners of residential premises - citizens who have received (receiving) benefits for paying for residential premises and utilities, before changes are made to federal laws and other regulatory legal acts in terms of replacing the procedure for providing citizens with benefits for paying for residential premises and utilities with the procedure for providing in in accordance with Article 160 of the Housing Code of the Russian Federation, compensation - at the expense of own funds, taking into account discounts established by federal laws and other regulatory legal acts adopted before the entry into force of the Housing Code of the Russian Federation, and subventions provided from the relevant budgets for the implementation targeted expenses related to the provision of these discounts.
31. When determining the amount of payment for the maintenance and repair of residential premises of the owners of premises who have chosen a management organization to manage an apartment building, the decision of the general meeting of owners of premises in such a building is adopted for a period of at least one year, taking into account the proposals of the management organization. The specified fee amount is set the same for all owners of premises.
Proposals of the management organization on the list, volume and quality of services and work must take into account the composition, design features, the degree of physical wear and tear and technical condition of the common property, as well as geodetic and natural-climatic conditions of the location of the apartment building.
32. In the direct management of an apartment building by the owners of the premises, the amount of payment for the maintenance and repair of residential premises corresponds to the amount of payment for services and work in accordance with agreements concluded by the owners of the premises with persons providing services and (or) performing work on the basis of a decision (decisions) of the general meetings of premises owners.
33. The amount of mandatory payments and (or) contributions related to the payment of expenses for the maintenance and repair of common property for owners of premises who are members of a homeowners’ association, housing, housing construction or other specialized consumer cooperative, as well as the amount of fees for maintenance and repairs of residential premises for owners of premises who are not members of these organizations are determined by the management bodies of the homeowners' association or the management bodies of a housing, housing construction or other specialized consumer cooperative on the basis of an estimate of income and expenses for the maintenance of common property for the corresponding year approved by the management bodies.
34. If the owners of the premises have not decided on the method of managing the apartment building, the amount of payment for the maintenance and repair of residential premises paid by the owners of the premises is established by the local government body (in the constituent entities of the Russian Federation - cities federal significance Moscow and St. Petersburg - government authorities of the corresponding constituent entity of the Russian Federation) based on the results of an open competition held in accordance with the established procedure, equal to the price of the apartment building management agreement. The price of the management agreement for an apartment building is set equal to the amount of payment for the maintenance and repair of residential premises specified in the tender documentation.
35. The amounts of fees for the maintenance and repair of residential premises and the amounts of mandatory payments and (or) contributions associated with the payment of expenses for the maintenance and repair of common property specified in paragraphs 31 - 34 of these Rules must be proportionate approved list, volume and quality of services and work.
36. If the owners of premises at a general meeting chose the method of direct management of an apartment building, but did not decide on establishing the amount of payment for the maintenance and repair of residential premises, local government bodies (in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg - public authorities of the relevant subject of the Russian Federation) in accordance with Part 4 of Article 158 of the Housing Code of the Russian Federation establish the amount of payment for the maintenance and repair of residential premises paid by the owners of premises, based on the cost of services and work included in the lists of services approved by the decision of the general meeting of premises owners and work performed by persons carrying out relevant types of activities.
37. When the general meeting of premises owners makes a decision to pay the costs of major repairs of an apartment building in accordance with Article 158 of the Housing Code of the Russian Federation, the amount of payment for major repairs is determined taking into account the proposals of the management organization on the start date of major repairs, the required volume of work, cost materials, the procedure for financing repairs, the timing of reimbursement of expenses and other proposals related to the conditions for carrying out major repairs.
38. When managing an apartment building by a management organization, the owners of premises located in the state or municipal property, in accordance with Part 4 of Article 155 of the Housing Code of the Russian Federation, they bear the costs of maintaining and repairing common property, taking into account payment for the maintenance and repair of residential premises by tenants of residential premises of the state or municipal housing stock. If the amount of the fee paid by the tenants of such residential premises is less than the amount of the fee established in the management agreement, the remaining part of the fee is paid by the landlord of the specified residential premises in a manner agreed upon with the management organization.

IV. Control over the maintenance of common property

39. State control the maintenance of common property is carried out by federal executive authorities and executive authorities of constituent entities of the Russian Federation within the limits of their competence in accordance with the legislation of the Russian Federation.
40. Owners of premises in accordance with the terms of the agreement or constituent documents homeowners' associations, housing, housing-construction cooperatives or other specialized consumer cooperatives have the right to:
a) receive from responsible persons no later than 5 working days from the date of application information on the lists, volumes, quality and frequency of services provided and (or) work performed. In the contract specified period may be reduced;
b) check the volume, quality and frequency of provision of services and performance of work (including by conducting an appropriate examination);
c) demand from responsible persons the elimination of identified defects and verify the completeness and timeliness of their elimination.
41. Owners of premises are responsible for proper content common property in accordance with the legislation of the Russian Federation.
42. Management organizations and persons providing services and performing work during the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.

Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration (approved by Decree of the Government of the Russian Federation of August 13, 2006 city ​​N 491)

1. These Rules establish the grounds and procedure for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building (hereinafter referred to as services, work, common property) of inadequate quality and ( or) with interruptions exceeding the established duration (hereinafter referred to as a change in the amount of the fee).
2. These Rules do not apply to relations arising in connection with the payment of expenses for the maintenance and repair of common property by the owners of premises in an apartment building (hereinafter referred to as the owners of the premises) who are members of a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative .
3. For the purposes of these Rules, services and work are considered provided or performed with inadequate quality if they do not comply with the requirements of the Rules for the maintenance of common property in an apartment building, the Rules for the provision of utility services to citizens, other requirements of the legislation of the Russian Federation and the terms of the contracts specified in paragraph 5 of these Rules .
4. For the purposes of these Rules, the established duration of breaks in the provision of services and performance of work is the maximum duration of breaks in the provision of services and performance of work, determined in accordance with the requirements of the Rules for the maintenance of common property in an apartment building, the Rules for the provision of utility services to citizens, and other requirements of the legislation of the Russian Federation and the terms of the contracts specified in paragraph 5 of these Rules.
5. In an agreement for the management of an apartment building, an agreement on the maintenance and repair of common property, concluded with a homeowners’ association, housing, housing construction cooperative or other specialized consumer cooperative, an agreement with persons providing services and (or) performing maintenance and repair work of common property in the direct management of an apartment building, a shorter duration of breaks in the provision of services and performance of work may be established in comparison with the requirements specified in paragraph 4 of these Rules, if this does not lead to a decrease in the quality of maintenance and repair of the common property.
6. In cases of provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration, the governing bodies of the homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative, management organization, and in the direct management of an apartment building, persons providing services and (or) performing work (hereinafter referred to as the responsible persons) are obliged to reduce the amount of fees for the maintenance and repair of residential premises to the owners of the premises in the manner established by these Rules.
7. Owners of premises have the right to apply for a change in the amount of the fee to responsible person, and tenants of residential premises occupied under a contract social hiring or a lease agreement for residential premises of a state or municipal housing stock (hereinafter referred to as the tenant), - to the landlord. When an apartment building is managed by a management organization, tenants have the right to apply to change the amount of the fee to the relevant management organization.
8. An application to change the amount of the fee can be sent to writing or made orally within 6 months after the relevant violation and is subject to mandatory registration the person to whom it is directed.
9. A person to whom, in accordance with paragraph 7 of these Rules, a statement is sent in writing or made orally, is obliged, within 2 working days from the date of its receipt, to send, respectively, to the owner of the premises or the tenant a notice of the date of its receipt, registration number and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal.
When applying in person, a copy of the application from the owner of the premises or tenant of the residential premises is marked with the date of its receipt and registration number.
10. In the cases specified in paragraph 6 of these Rules, the amount of payment for the maintenance and repair of residential premises is reduced in proportion to the number of complete calendar days cost violations relevant service or work as part of monthly fee for the maintenance and repair of residential premises. The amount of reduction in fees for the maintenance and repair of residential premises is determined by the formula:

Delta P = ---- x n

Delta R - the amount of reduction in fees for the maintenance and repair of residential premises (rubles);

P - the cost of the corresponding service or work as part of the monthly maintenance fee and

renovation of residential premises (rubles);

N - number of calendar days in a month;

N - the number of full calendar days during which the

services or work of inadequate quality and (or) with interruptions exceeding the established

duration.

11. When managing an apartment building by a management organization, the cost individual services or work (Py) included in the list of services and works for the maintenance and repair of common property, included in the fee for the maintenance and repair of residential premises established for tenants by the authorized local government body, is reflected in the estimate sent to the management organization managing the apartment building, in which the residential premises of the state or municipal housing stock are located, within 10 working days after the amount of payment for the maintenance and repair of residential premises is established for tenants.
12. To reduce the amount of fees for the maintenance and repair of residential premises established for tenants, the management organization uses information on the cost of individual services or work (Py) contained in the estimate sent by the authorized local government body in accordance with paragraph 11 of these Rules.
13. When an apartment building is managed by a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative, or when it is directly managed by the owners of the premises, the change in the amount of rent for tenants is carried out by the landlord in accordance with these Rules.
14. It is not allowed to change the amount of payment if the provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration is associated with the elimination of a threat to the life and health of citizens, the prevention of damage to their property or due to force majeure circumstances.
15. The fact of identifying inadequate quality of services and works and (or) exceeding set duration interruptions in the provision of services or performance of work is reflected in an act of violation of quality or exceeding the established duration of the interruption in the provision of services or performance of work. Said act is the basis for reducing the amount of payment for the maintenance and repair of residential premises.
16. An act of violation of quality or exceeding the established duration of a break in the provision of services or performance of work is drawn up in the manner established by the Rules provision of public services to citizens in order to draw up an act of non-provision or provision of public services of inadequate quality.

Decree of the Government of the Russian Federation of August 13, 2006 No. 491
“On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration"
(as amended on May 6, 2011)

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GARANT comment

On the specifics of establishing the amount of payment for the maintenance and repair of residential premises and utilities in connection with the adoption of this resolution, see letter Ministry of Regional Development of the Russian Federation dated October 12, 2006 No. 9555-RM107

According to And 156 Housing Code of the Russian Federation The Government of the Russian Federation decides:

1. Approve the attached:

Rules maintenance of common property in an apartment building;

Rules changes in the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.

2. To recognize as invalid:

resolution Government of the Russian Federation dated February 17, 2004 No. 89 “On approval of the Fundamentals of pricing in the field of housing and communal services” (Collected Legislation of the Russian Federation, 2004, No. 8, Art. 671);

resolution Government of the Russian Federation dated July 30, 2004 No. 392 “On the procedure and conditions for citizens to pay for housing and utilities” (Collected Legislation of the Russian Federation, 2004, No. 32, Art. 3339).

3. To be approved by the Ministry of Regional Development of the Russian Federation before October 1, 2006. position on the development, transfer, use and storage of operating instructions for an apartment building and making necessary changes to it, form the specified instructions, as well as methodological recommendations for its development and application.

4. The Ministry of Justice of the Russian Federation shall submit, in accordance with the established procedure, to the Government of the Russian Federation a draft resolution of the Government of the Russian Federation, providing for amendments to resolution Government of the Russian Federation dated February 18, 1998 No. 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with It,” concerning the procedure for entering records of rights to real estate into the Unified State Register of Rights to Real Estate and Transactions with It property that is the common property of the owners of premises in an apartment building.

5. The Ministry of Economic Development and Trade of the Russian Federation shall approve, before October 1, 2006, the procedure for determining the composition of the common property of the owners of premises in an apartment building and the form of the technical accounting document for such property.

6. Establish what action subparagraph “d” of paragraph 24 And paragraph 25 The rules for the maintenance of common property in an apartment building, approved by this resolution, apply to apartment buildings, permission for the commissioning of which was received after July 1, 2007.

7. Establish that:

the boundaries of isolated land plots within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and sewerage, as well as the boundaries of the zones of public easements within residential areas, microdistricts to ensure unhindered servicing of the specified property are established by the authorities local government until July 1, 2007;

the boundaries of blocks, microdistricts, public lands are determined by red lines in accordance with urban planning , land And housing legislation of the Russian Federation, and also ensures state cadastral registration of land plots on which apartment buildings are located, without charging fees to the owners of premises in the apartment building until July 1, 2008.

8. Establish that explanations on the application of the rules approved by this resolution are given by the Ministry of Regional Development of the Russian Federation.

Chairman of the Government

Russian Federation

Decree of the Government of the Russian Federation of August 13, 2006 N 491 "ON APPROVAL OF THE RULES FOR THE MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING AND THE RULES FOR CHANGING THE AMOUNT OF FEE FOR THE MAINTENANCE AND REPAIR OF RESIDENTIAL PREMISES IN THE CASE OF PROVIDING SERVICES AND PERFORMING MANAGEMENT WORKS LAZINESS, MAINTENANCE AND REPAIR OF COMMON PROPERTY IN AN APARTMENT BUILDING OF POOR QUALITY AND/OR WITH INTERRUPTIONS EXCEEDING THE ESTABLISHED DURATION"

In accordance with the articles of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached:

Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.

2. To recognize as invalid:

dated February 17, 2004 N 89 “On approval of the Basic Principles of Pricing in the Sphere of Housing and Communal Services” (Collected Legislation of the Russian Federation, 2004, N 8, Art. 671);

Decree of the Government of the Russian Federation of July 30, 2004 N 392 “On the procedure and conditions for citizens to pay for housing and utilities” (Collected Legislation of the Russian Federation, 2004, N 32, Art. 3339).

3. The Ministry of Regional Development of the Russian Federation shall approve, before October 1, 2006, the regulations on the development, transfer, use and storage of operating instructions for an apartment building and making the necessary changes to it, the form of the said instructions, as well as methodological recommendations for its development and application.

4. The Ministry of Justice of the Russian Federation shall submit, in accordance with the established procedure, to the Government of the Russian Federation a draft resolution of the Government of the Russian Federation, providing for amendments to the Decree of the Government of the Russian Federation of February 18, 1998 N 219 “On approval of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with him" concerning the procedure for entering into the Unified State Register of Rights to Real Estate and Transactions with It records of rights to real estate objects that are the common property of the owners of premises in an apartment building.

5. The Ministry of Economic Development and Trade of the Russian Federation shall approve, before October 1, 2006, the procedure for determining the composition of the common property of the owners of premises in an apartment building and the form of the technical accounting document for such property.

6. Establish that subparagraph "d" of paragraph 24 and paragraph 25 of the Rules for the maintenance of common property in an apartment building, approved by this resolution, applies to apartment buildings, permission for commissioning of which was received after July 1, 2007.

7. Establish that:

the boundaries of separate land plots within which real estate objects are located, intended for electricity, heat, gas and water supply to the population and sanitation, as well as the boundaries of the zones of public easements within residential areas, microdistricts to ensure unhindered servicing of the specified property are established by the authorities local government until July 1, 2007;

the boundaries of blocks, microdistricts, public lands are determined by red lines in accordance with the urban planning, land and housing legislation of the Russian Federation, and state cadastral registration of land plots on which apartment buildings are located is provided, without charging fees to the owners of premises in an apartment building until July 1 2008

8. Establish that explanations on the application of the rules approved by this resolution are given by the Ministry of Regional Development of the Russian Federation.

Chairman of the Government
Russian Federation
M.FRADKOV

APPROVED
Government Decree
Russian Federation
dated August 13, 2006 N 491

These Rules regulate relations regarding the maintenance of common property owned by the right of common shared ownership to the owners of premises in an apartment building (hereinafter referred to as common property).

1. These Rules establish the grounds and procedure for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building (hereinafter referred to as services, work, common property) of inadequate quality and ( or) with interruptions exceeding the established duration (hereinafter referred to as a change in the amount of the fee).

2. These Rules do not apply to relations arising in connection with the payment of expenses for the maintenance and repair of common property by the owners of premises in an apartment building (hereinafter referred to as the owners of the premises) who are members of a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative .

3. For the purposes of these Rules, services and work are considered provided or performed with inadequate quality if they do not comply with the requirements of the Rules for the maintenance of common property in an apartment building, the Rules for the provision of utility services to citizens, other requirements of the legislation of the Russian Federation and the terms of the contracts specified in paragraph 5 of these Rules .

4. For the purposes of these Rules, the established duration of breaks in the provision of services and performance of work is the maximum duration of breaks in the provision of services and performance of work, determined in accordance with the requirements of the Rules for the maintenance of common property in an apartment building, the Rules for the provision of utility services to citizens, and other requirements of the legislation of the Russian Federation and the terms of the contracts specified in paragraph 5 of these Rules.

5. In an agreement for the management of an apartment building, an agreement on the maintenance and repair of common property, concluded with a homeowners’ association, housing, housing construction cooperative or other specialized consumer cooperative, an agreement with persons providing services and (or) performing maintenance and repair work of common property in the direct management of an apartment building, a shorter duration of breaks in the provision of services and performance of work may be established in comparison with the requirements specified in paragraph 4 of these Rules, if this does not lead to a decrease in the quality of maintenance and repair of the common property.

6. In cases of provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration, the management bodies of the homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative, the management organization, and in the case of direct management of an apartment building, persons those providing services and (or) performing work (hereinafter referred to as the responsible persons) are obliged to reduce the amount of payment for the maintenance and repair of residential premises to the owners of the premises in the manner established by these Rules.

7. Owners of premises have the right to apply to change the amount of payment to the responsible person, and tenants of residential premises occupied under a social tenancy agreement or a rental agreement for residential premises of a state or municipal housing stock (hereinafter referred to as the tenant) - to the landlord. When an apartment building is managed by a management organization, tenants have the right to apply to change the amount of the fee to the relevant management organization.

8. An application to change the amount of the fee can be sent in writing or made orally within 6 months after the relevant violation and is subject to mandatory registration by the person to whom it was sent.

9. A person to whom, in accordance with paragraph 7 of these Rules, a statement is sent in writing or made orally, is obliged, within 2 working days from the date of its receipt, to send, respectively, to the owner of the premises or the tenant a notice of the date of its receipt, registration number and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal.

When applying in person, a copy of the application from the owner of the premises or tenant of the residential premises is marked with the date of its receipt and registration number.

10. In the cases specified in paragraph 6 of these Rules, the amount of payment for the maintenance and repair of residential premises is reduced in proportion to the number of full calendar days of violation from the cost of the relevant service or work as part of the monthly fee for the maintenance and repair of residential premises. The amount of reduction in fees for the maintenance and repair of residential premises is determined by the formula:

Delta P - the amount of reduction in fees for the maintenance and repair of residential premises (rubles);

P_y - the cost of the corresponding service or work as part of the monthly fee for the maintenance and repair of residential premises (rubles);

n_m - number of calendar days in a month;

n_d - the number of full calendar days during which services or work of inadequate quality and (or) with interruptions exceeding the established duration were provided and (or) performed.

11. When managing an apartment building by a management organization, the cost of individual services or work (P_y), included in the list of services and work for the maintenance and repair of common property, included in the fee for the maintenance and repair of residential premises, established for tenants by the authorized local government body, is reflected in estimate sent to the management organization managing the apartment building in which the residential premises of the state or municipal housing stock are located, within 10 working days after the amount of payment for the maintenance and repair of the residential premises is established for tenants.

12. To reduce the amount of fees for the maintenance and repair of residential premises established for tenants, the management organization uses information on the cost of individual services or work (P_y) contained in the estimate sent by the authorized local government body in accordance with paragraph 11 of these Rules.

13. When an apartment building is managed by a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative, or when it is directly managed by the owners of the premises, the change in the amount of rent for tenants is carried out by the landlord in accordance with these Rules.

14. It is not allowed to change the amount of payment if the provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration is associated with the elimination of a threat to the life and health of citizens, the prevention of damage to their property or due to force majeure circumstances.

15. The fact of detection of inadequate quality of services and work and (or) exceeding the established duration of interruptions in the provision of services or performance of work is reflected in an act of violation of quality or exceeding the established duration of interruption in the provision of services or performance of work. This act is the basis for reducing the amount of payment for the maintenance and repair of residential premises.

16. An act of violation of quality or exceeding the established duration of a break in the provision of services or performance of work is drawn up in the manner established by the Rules for the provision of public services to citizens for drawing up an act of non-provision or provision of public services of inadequate quality.

Example of a playground

Resolution No. 491 will answer three important questions: what is the common property of the owners of the house, where common property ends and private property begins, and how the common space of the house should be maintained.

A decree is a kind of manual with rules for caring for your home. After all, most of it, outside your apartment, is the common area.

This document is very voluminous and detailed, and, if necessary, you can find a description of each controversial point, which can happen to residents. Rewriting its essence is difficult, and it is not necessary - retelling will destroy such necessary legal formulations. Therefore, we will tell you WHY you may need

What applies to common property?

As we have already said, this category includes the entire house with the exception of the residents’ apartments, as well as all communications and mechanisms that serve all rooms of the house.

Thus, by Decree of the Government of the Russian Federation 491, the structure of the house itself, the premises of the entrance, attic and basement are included in the common property. This also includes all communications: water and sewer pipes, heating pipes, electrical networks.

In addition, together residents can own a barrier, automatic gates at the entrance to the yard; and also the ground under the house, everyone measuring instruments, like smart meters, parking lots and playgrounds.

Example. All these premises are contractually obligated to be maintained by the management company or HOA. In the event that something turns out to be spoiled - work has begun, there is not enough pressure in the system, a light bulb has burned out or the elevator is not moving, you need to contact them. This resolution will be useful if, for example, residents are required to pay additional money for repairing a pipe in a building's entrance. For content and Maintenance you pay monthly invoices, and repair of pipes that are not located in the apartment in paid services not included.

Who determines what is classified as a common area?

Firstly, the residents themselves have the right to classify this or that premises as common property. This decision is made at a general meeting in order to organize the care of this part of the house - cleaning, maintenance utility systems and, of course, fundraising for all these purposes. The minutes of the general meeting are transferred to the Management Company.

Example. Residents can jointly own a unit on the ground floor of the building or rent out a unit in the basement of the building. All funds from this enterprise will be directed to the account of the high-rise building. Accordingly, at some point one of the converted apartments may be included in the common property.

Secondly, government authorities can classify an object as a common territory. Their goal is to control correct operation Houses.

And thirdly, authorities can add or reduce the list of common property regional authorities in the case where an apartment building is left without management and a competition is held to select a management company.

Is there common property in my apartment?

Officially, everything that is behind front door- property of the owner. The exception is risers in cold and hot water, batteries, electrical wiring and gas wiring. All these communications belong to common property. The boundary with private property will be shut-off valves. In a word, the tenant’s territory and paid services, respectively, begin after the tap that turns off the resource in your apartment.

The ventilation system, in which blockages occur, also applies to home systems. Here you should contact the ventilation service management company. The situation is different if we mean ventilation of the gas water heater. It refers to gas industry and its maintenance is separate agreement with a specialized organization. The tenant of the apartment pays for ventilation maintenance.