Refusal of major repairs

Legal advice / lawyer on housing issues / Major repairs / Refusal of major repairs of an apartment building

How to refuse major repairs of an apartment building is regulated in the legislative acts of the Russian Federation. Major repairs are one of the mandatory and state-provided procedures, for which funds are allocated from the city budget.

It must be carried out at a certain time interval. In the event that, for some reason, citizens do not want all the necessary measures to be carried out, many have questions about how to refuse major repairs of an apartment building.

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Is it possible to refuse major home renovations?

This event is characterized by similar types of work:

Checking and strengthening the strength of the main structures of the house.
Restoration of the foundation and its strengthening.
Identification of individual sections of walls for repairs.
Replacement of partitions using the latest fireproof materials.
Complete replacement of water supply and heating systems.
Other repair work that will be required in relation to a particular building where major repairs are being carried out.

The authorized organization carries out its professional activities on the basis of an agreement concluded with residents. Previously, each apartment owner signs an official consent to carry out all required procedures. Until this consent has been signed, everyone has the legal right to refuse major repairs of an apartment building.

It should be remembered that no one can force the owner to refuse major repairs of an apartment building, nor can they force him to give his consent. All sorts of threats and mention of fines, in the event that someone wants to refuse, will constitute a gross violation of current norms and legislative standards.

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In the event that one or more owners wish to refuse, this fact must be recorded. As a rule, a representative of the management company offers to sign an official document expressing the resident’s desire to refuse. Before signing, you need to study it as carefully as possible.

You can refuse to overhaul an apartment building in free form by writing your own statement, which will have full legal force. It is not at all necessary to indicate the reason; this is the personal right of each resident.

By signing all the necessary documents, the interested party confirms his official desire to refuse major repairs of the apartment building.

However, after this it cannot in any way prevent the full implementation of all required work in the house. He also does not have the right to make claims related to a temporary deterioration in the conditions of his residence, for example, a water shutoff, daytime noise from work involving major repairs, etc.

Those residents who decide to refuse a major renovation of an apartment building should also be aware that after carrying out all the necessary measures, they may encounter technical problems. As a rule, they are associated with the incompatibility of new and old equipment or with other nuances. At the same time, it will not be possible to file a claim, because the owner voluntarily decided to refuse major repairs of the apartment building. Therefore, before signing the paper, you still need to think seriously and calculate the possibility of negative consequences.

Refusal to overhaul an apartment building

For example, if the owner does not need to replace the pipes of an apartment building, but needs to carry out other work, he can express his desire in the appropriate document. At the same time, the paper must accurately indicate the nature of the activities that he wants to refuse, their essence and name.

Application for refusal of major home repairs

Drawing up an official document gives each owner a legitimate opportunity to formally refuse major repairs of an apartment building. At the same time, absolutely anyone interested in this can make such a decision and refuse to overhaul the house.

As a rule, a representative of the management company already has several statements with him, in case one of the residents wants to refuse major repairs of an apartment building. In this case, the presented copy should be examined as carefully as possible before signing.

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The fact is that the management company often includes clauses stating that from the moment the owner decides not to agree to the start of work, he assumes all responsibilities for paying for emergencies that occur in his home. This means that by signing such a document, the tenant literally relieves the management company of its responsibilities for troubleshooting problems that have arisen.

If the document also contains other very dubious provisions, you should postpone signing it or request that you provide another application form. In the event that not one owner, but several, decided to refuse major repairs of an apartment building, separate copies should be allocated for each of them. It is not allowed to place several signatures of residents on one official paper.

The application itself must contain all the necessary information. First of all, you should check the information about the management company. The document must indicate its exact address, full name, contact numbers, full name of the manager, etc.

Next, you should check the address of the premises, as well as all additional information about it, if any was provided. Then you need to enter all the necessary information about yourself and express your desire to refuse major renovations of an apartment building.

Few people know that it is possible to refuse the overhaul of an apartment building both in relation to the full set of procedures, and only from some activities that are included in the general list of future work.

If the management company insists on issuing a complete refusal, the resident of the apartment building has the legal opportunity to appeal to a judicial institution. In this case, it will be important to correctly formulate the claim. All available papers should be presented as evidence, including the contract for the restoration of the apartment building.

If the court agrees with the plaintiff’s position, the contractor will be obliged to carry out selective work in the specified premises of the apartment building, observing the established deadlines.

Any resident can refuse to overhaul an apartment building if he believes that he does not need such services from the management company. It should always be remembered that coercion is a gross violation.

If such problems arise, you should contact the authorized institution as soon as possible in order to protect your interests. In this case, a claim aimed at refusing major repairs of an apartment building can be written either on behalf of one interested person or on behalf of several residents.

According to current legislation, owners of apartment buildings are responsible for the condition of the property and are obliged to repair it in a timely manner. For these purposes, a fund is formed, consisting of payments from residents of the house. Until recently, such contributions were voluntary, but now payments are delivered monthly to each apartment.

In accordance with Article 169 of the Housing Code of the Russian Federation, payments to the capital repair fund are mandatory for all owners, and evasion of their payment may result in a fine or even confiscation of property. Therefore, many are interested in how to refuse major renovations of an apartment building and whether it can be done legally.

Homeowners may not pay fees in a number of cases, even if payments are regularly received in their name, they have the right to refuse. The reasons for this are:

If the building is located on land that belongs to municipal authorities, there is no need to pay.
There is no officially registered account for payments.
The building is less than ten years old and does not require major repairs.
The building is in disrepair - an important reason to refuse to carry out major renovation work on an apartment building.
Such receipts are not paid by beneficiaries - veterans and disabled people. When carrying out repairs, it is also carried out in their apartments, but sometimes even beneficiaries need to refuse the official one.

In any of these cases, you have the right to refuse to pay receipts for major repairs. But you shouldn’t just ignore payments if they are still coming to you; the relevant authorities do not know about your rights.

Contents of the disclaimer

No refusal will be taken into account unless it is officially confirmed. The document has two copies. One sample for the administration and another for the management company.

When writing an application, you must indicate the details of the applicant (or several persons) and the reasons why the tenant refuses repair services. The reason for such a decision need not be stated; otherwise, specific facts can be referred to. The document must be dated and signed by the applicant at the end.

There is no time limit for filing such applications. This mainly occurs when the owner, while paying the dues, has noticed significant reasons for doing so. A complaint to special authorities may affect the return of payments already paid.

Experts recommend carefully reading all payment documents. And after paying the first receipt, stop paying out funds. In this case, you can protect yourself from the attention of law enforcement officers and get rid of fines. If residents wrote a statement to the housing and communal services, but no response was received, then they can seek justice in court.

What happens if you refuse major repairs?

But the decision to refuse to carry out capital work on the improvement of an apartment building entails consequences. The decision on the need for major repairs is made at a general meeting; if you do not agree with it and want to refuse, you will be asked to sign the appropriate papers.

According to Article 169 of the Housing Code of the Russian Federation, the owner cannot refuse major repairs without compelling reasons. This concerns contributions; he has every right not to allow workers into his personal territory.

Most likely, repairs will be carried out without your consent and your contributions, but you should not interfere with the work. Traditionally, this procedure involves replacing water or gas risers, so workers may need access to your apartment. If you refuse to provide access, the equipment in the entire apartment building will be replaced with new equipment, but the old equipment will remain in your apartment - there is a risk of being left without water or heat. The management company's employees may even sue you to force you to give them access.

Refusal can also lead to more unpleasant consequences. If you refuse to change the pipes, while they are being changed throughout the entire apartment building, and then an accident occurs, it is you, as the owner of the refused apartment, who is obliged to compensate the damage to your neighbors. That is, when talking about whether it is possible to refuse a major home renovation , you need to take into account that you can refuse, but the consequences can be serious.

In the text of contracts with some companies there is a clause according to which, if an accident does occur, then the owner of the apartment, who refused capital work on the multi-apartment building, must not only compensate for the damage, but also eliminate the breakdown at his own expense. Therefore, this issue should be approached responsibly and carefully.

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What will happen if you refuse major repairs But the decision to refuse to carry out major work on the improvement of an apartment building entails consequences. The decision on the need for major repairs is made at a general meeting; if you do not agree with it and want to refuse, you will be asked to sign the appropriate papers. According to Article 169 of the Housing Code of the Russian Federation, the owner cannot refuse major repairs without compelling reasons.

This concerns contributions; he has every right not to allow workers into his personal territory. Most likely, repairs will be carried out without your consent and your contributions, but you should not interfere with the work. Traditionally, this procedure involves replacing water or gas risers, so workers may need access to your apartment.

How to write a refusal letter

Refusal from major repairs of an apartment building must be carried out officially, notifying the authorities. To do this, you need to write an application in two copies - one for the administration, the other for the management company.

This act indicates the name of the recipient, as well as the sender - a tenant or a meeting of tenants, and the reason for refusing the work. It is better to back up the reason with facts and references to legislation.

The date and signature must be placed at the end of the application.

You can submit such an application at any time, regardless of whether contributions have already been made. If a person deposited amounts into an account and then discovered grounds for refusal, he can submit a corresponding request to the authorities. Usually, a person can even count on a return of the deposited funds, upon a preliminary request addressed to the manager.

But it is best to refuse such a service immediately after receiving the first payment. This will make the procedure easier and faster; in addition, you will not arouse the suspicion of law enforcement agencies, so you don’t have to worry about accruing penalties and fines.

Any homeowner in an apartment building can put forward a proposal at a general meeting about the unnecessaryness of major repairs to the house. If this proposal is supported by all residents, no work will be carried out. To do this, a collective statement is drawn up to refuse major home repairs . It must be drawn up in a form that can be found on the Internet. Only a correctly written application will be considered by the inspector.

How to write a refusal letter?

Each resident of an apartment building has all the rights to draw up an official application for refusal of major repairs. In this case, an employee of the management company provides him with ready-made forms that should be studied and signed.

However, such a decision can bring a lot of problems to the owner, increasing the number of fees for restoration. The contract may contain clauses that impose financial obligations on it. The previous equipment may fail, then the owner will have to independently repair all the breakdowns and pay the costs. Most often this starts from replacing risers, water supply systems, to minor repairs. The management company disclaims all obligations for restoration in his apartment, because the owner chose to abandon this procedure.

The owner may demand changes to undesirable items and write a statement in a different form. For each tenant who decides to refuse the management company to carry out repair work, a separate sample agreement is provided.

It is advisable that the application indicate clear coordinates of the owner and management company (location address, full name, telephone number, initials of the manager).

You can refuse both a complex of capital works and individual procedures. The application must indicate exactly what events the owner does not want to carry out in his apartment. If, for example, the owner of a residential apartment building only wants to replace the water supply riser, but refuses other repair actions, then these factors must be specified in the contract.

The management of the management company does not have the right to demand that the owner refuse the entire range of repair work. Otherwise, the latter can go to court and, if filed correctly, he has every chance of succeeding in the lawsuit. Any tenant who is forced to cancel the refusal to overhaul an apartment building can file a lawsuit. According to the law of the Russian Federation, owners of an apartment building must monitor the condition of their housing. Each house has its own capital repair fund, in which all residents should not evade paying payments. If one of the owners does not pay, he will most likely receive a fine. It is because of this that some residents began to think about canceling such events. If the owner previously canceled the proposal for major repairs, and then changed his mind, he can count on help. This will be the right decision, because if the risers are replaced, the water supply may suffer. It will not be possible to speed up such a problem quickly, nor will it be possible to avoid paying for damages.

What will happen to the money

Residents of the apartment building decided to refuse capital work, having sufficient grounds for this, but the money had already been contributed to the fund. What to do in this case?

There are two main solutions:

If the reason is the newness of the apartment building or its poor condition, you can leave the money in the account. You will need them eventually, so it makes sense to save the funds.
The fund can be divided equally between payers. This is the responsibility of the regional capital repair fund manager. The owners must draw up a collective petition in which they state the reasons and the need for the dissolution of the fund and the return of funds. In this case, it usually takes a month to consider the application, after which the money will be returned to the residents.

Apartment owners must choose a solution to the problem; the issue is decided at a general meeting. It is not recommended to refuse to carry out repairs unless there are sufficient grounds for this. You risk not only taking responsibility for possible breakdowns, but also living in a building with faulty communications. However, in some cases you can actually refuse and save money.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

How to refuse to replace hot water risers during major repairs

Here is what Daria Bykova, head of the office management department of the Capital Repair Fund of the Sverdlovsk Region, says about this: “If the residents do not make contact, the issue needs to be resolved only in court. But legal proceedings take a lot of time. In addition, the contractor will have to pay all legal costs at his own expense.

The workers cut off the old pipe, and when they come to install a new one, the residents declare that they do not need a metal one, but one made of plastic. Most often, major repairs are refused for two reasons. Sometimes owners are afraid that when replacing communications, workers will drill holes in the walls and then leave without fixing anything.

“According to the rules, all holes that the contractor will make to update engineering systems must be removed,” notes Daria Bykova.

How to avoid paying for major repairs legally?

At the same time, absolutely anyone interested in this can make such a decision and refuse to overhaul the house. As a rule, a representative of the management company already has several statements with him, in case one of the residents wants to refuse major repairs of an apartment building. In this case, the presented copy should be examined as carefully as possible before signing. The fact is that the management company often includes clauses stating that from the moment the owner decides not to agree to the start of work, he assumes all responsibilities for paying for emergencies that occur in his home. This means that by signing such a document, the tenant literally relieves the management company of its responsibilities for troubleshooting problems that have arisen.