Rules for the payment of contributions for overhaul will become fairer

We are talking about houses, parts of which were put into operation in stages

More fair will be the rules for setting deadlines for the start of payment of contributions for the overhaul of houses, parts of which were put into operation in stages. In accordance with the draft law prepared by the Government of Russia, the beginning of payments will be set depending on when a particular section of an apartment building was commissioned.

As it became known to “MK”, ​​the reason for the preparation of the bill was the decision of the Constitutional Court (CC) of Russia, adopted in connection with the complaint of a resident of Smolensk. He asked to check for compliance with the Constitution of the article of the Housing Code (LC), which determines the procedure for setting the deadlines for the start of payment of contributions for overhaul. The fact is that he lives in a two-section house, and in the section that was completed after the house was included in the overhaul program. That is, the deadline for the start of payments (in the Smolensk region they begin three years after the house is included in the program) was set, in fact, for the first section, which was settled three years earlier than the second. In the hope of eliminating injustice, the Smolyan went to court. However, the district court, and then the court of appeal, focused on the fact that the house is a single piece of real estate with a single address. Therefore, despite the fact that the sections were not introduced simultaneously, the owners of apartments in the second section have the same rights and obligations as the owners of apartments in the first section.

The Constitutional Court came to the conclusion that the article of the LC, on the basis of which the courts made decisions, does not comply with the Constitution of the Russian Federation due to its vagueness, giving rise to the possibility of different interpretations. Therefore, the court decided to reconsider the case of the Smolyanin. The draft law, according to which the obligation to pay contributions is linked to the period of commissioning of each stage of construction, will be submitted to the State Duma.