As a general rule, in apartment buildings there is an obligation to make contributions for major repairs. But in new houses, elevators usually work, communications are in good condition, the roof does not need to be repaired, the entrances are always clean, etc. Are new buildings recognized as an exception in this case?
Conditions for recognizing a house as new
At the moment, legislation and judicial practice are following the path of recognizing a house as a new building, which, as a rule, is no more than 5 years old. But it is important to note that this period may be reduced by the regional authorities.
Regional legislation sets its own rules
In order to find out the specifics of calculating and paying contributions in your region (Moscow region, Krasnoyarsk Territory, etc.), it is important to look into the legislation of a particular subject. For example, the specifics of paying fees for overhaul in Moscow are established in the Fundamentals of Housing Policy (this is directly stated in Article 75 of the Law of January 27, 2010 No. 2).
On July 1, 2013, the Moscow Region adopted Law No. 66/2013-OZ, which separately regulates the specifics of collecting fees for overhaul in this region. Special laws on the organization of major repairs have also been adopted in the Republic of Adygea (law of August 1, 2013 No. 225), the Jewish Autonomous Region (law of June 28, 2013 No. 324-OZ) and other regions.
If you cannot find a regional law, the provisions of which apply in a locality (for example, the city of Krasnoyarsk), you can contact your management company. And in a written application, ask to refer to the provisions of the regional law, in accordance with which contributions are calculated for major repairs in your locality.
There are also illegal charges
If the house is a new building, and the management companies, without the written consent of the tenants (drawn up on the basis of the general meeting), are already beginning to assess contributions, it will be illegal. In this case, the obligation to pay the owners of the premises does not arise. And here it is important not to forget that it is advisable to appeal against any illegal actions and decisions of management companies out of court and in court. Otherwise, unlawful charges may be recovered from you already in a compulsory manner. After all, people also work in the courts, and it is common for any person to make mistakes.
When the obligation to pay for the overhaul arises
First, the new house is included in the corresponding regional program, and after the end of the period for recognizing the house as a new building, tenants will be required to transfer contributions.
Actual residence elsewhere
Citizens often do not live in a new house, especially initially, at the stage of renovation. People are forced to look for other housing, and not always new. But does this mean that you have to pay a legal fee, even if you live in a different house? Analyzing the current legislation, one can come to the conclusion that the obligation to pay contributions does not affect the residence. Therefore, you still have to pay legal fees.