Voluntary insurance in housing and communal services receipts is one of the innovations adopted in August 2018 and comes into force exactly one year later. Many regions do not wait for the law to come into force and add an additional clause in January. What is the essence of such innovation? Is it possible to refuse additional costs? We will consider these and a number of other points in the article.
General provisions
On August 3, 2020, Federal Law No. 320 was adopted, which considers introducing amendments to a number of legislative acts of the Russian Federation. The text of the document contains a clause on voluntary insurance of housing in the regions against emergencies. The official document was made publicly available on August 3, 2018. This means that the law comes into force exactly one year later, namely 08/03/2019.
The main word that no one pays attention to is “voluntary.” In other words, the person himself makes the decision whether to pay for insurance or not. The state does not oblige, but only offers to pay money . In parallel with Federal Law No. 230, this issue is regulated by the Civil Code of the Russian Federation (Chapter 48). The question arises why a special law was needed, since many provisions are described in the Civil Code.
What is specified in Federal Law No. 320
The new Federal Law spells out the process of payments to Russians in a situation where their home is destroyed or damaged by an emergency. If a person participates in voluntary insurance and pays premiums, the money is compensated from budgets (state and regional), as well as from the “treasury” of the insurer. Local authorities are entrusted with the task of developing and approving programs for the implementation of the insurance program. In this case, the amount of insurance will be regulated by the Government of the Russian Federation.
As for voluntary insurance, it means signing an agreement between the insurer and the homeowner for 12 months. For convenience, the contract fee is included in the housing and communal services receipt. From August 3, 2019, such a column should appear on receipts in many regions, but some have already added the item without waiting for the mentioned date.
The principles for calculating tariffs are assigned to the Central Bank of the Russian Federation, which ensures the country's participation in voluntary insurance and guarantees for insurance. A unified system for paying compensation in case of damage to housing during an emergency is being formed. The emergence of a new Federal Law does not mean that in the event of force majeure, the injured person will not receive compensation. Payments are still made according to the law. The only thing that is being canceled is the rule on issuing apartments on social rental terms. After the new law comes into force, such a norm will no longer exist.
Insurance in the housing and communal services receipt: what it is and what you can insure your home against.
Each region is given the right to independently determine insurance risks,” explained Alexander Tsyganov, head of the Department of Insurance and Social Sphere of the Financial University under the Government of the Russian Federation. “It is necessary to pay attention to frequent natural disasters in the region, such as floods, hurricanes, fires, earthquakes.
Photo: nastroenie.tv
Then consider the feasibility of including terrorist attacks, man-made disasters, domestic gas explosions, flooding due to sewer breaks, and local fires within the same apartment in the insurance list. People may be interested in such comprehensive insurance and will gradually join in.
What will be the cost of housing and communal services insurance per 1 m2?
Everything will depend on the set of risks and the cost of the housing itself. According to Andrey Znamensky, director of the VSS :
Each region will set its own tariffs. On average throughout the country, the cost of insurance will be within 3 rubles per 1 m2 of area per month. For the owner of an apartment with an area of 50 m2, protecting it from most of the risks described above will cost 150 rubles/month.
According to theoretical calculations, the most expensive policy will be in the regions of the Far East and Transbaikalia, in the North Caucasus, where the likelihood of natural disasters is high. In practice, there will be a gradual equalization of tariffs, thanks to the technologies used by insurers, says Tsyganov.
The insurance program is already operating in Krasnodar and Moscow. The item on payment for insurance is included in the receipt for payment for housing and communal services and costs 1.87 rubles/per 1 m2.
In those areas where there is little danger of houses being destroyed by the elements, exactly the same amount of payment for insurance may well be established.
The insurance program is already operating in Krasnodar and Moscow. The item on payment for insurance is included in the receipt for payment for housing and communal services and costs 1.87 rubles/per 1m2.
How will the contract be concluded?
This is voluntary insurance in the housing and communal services receipt. There is no need to visit the insurance company for this. You will be required to check the box next to the insurance deductible item on your expense receipt and pay the amount indicated. The contract is concluded automatically from the month following the payment date. This updated payment system will begin to operate in 2020 in those regions that are the first to join the disaster insurance program .
What amount will be paid in case of damage from an emergency?
In reality, it's all about the scale of the damage. For a completely destroyed home they will pay from 300 thousand rubles. up to 500 thousand rubles. To calculate a specific amount, you need to multiply the average cost of 1 m2 of housing in a given locality by the lost area.
Photo: Russian-lawyer.rf
This amount will cover about 20% of the cost of new housing of the average class. The remaining 80% will be provided by the state. Then the victims will have to choose: get a municipal apartment or take money to add insurance and their savings to buy real estate anywhere and at any time.
A little earlier, such a choice was not given: with the received housing certificate, emergency had to purchase living space within 1 year in the region indicated in the certificate.
The new scheme will help expand the possibilities of choosing a new house or apartment, Tsyganov said. — The amount paid to victims can reach up to 1.5-2.5 thousand rubles. With this money it will be possible to purchase a 1-2 room apartment in the regions.
Can I expect full compensation?
Don’t indulge yourself with illusions, this won’t happen. All payments (state aid + insurance) are designed to restore housing to an average level. Expensive finishing in a prestigious area will require considerable additional investment.
Photo: newsdelo.com
To receive full compensation, you should resort to concluding an additional insurance contract, according to which the housing will be assessed individually, explains Tsyganov. — the tariff of such a policy will be up to 1% of the cost of finishing the living space.
Advantages of innovation
The initiators of the bill and government officials who voted for the innovation note its benefits for ordinary citizens. They highlight the following advantages:
- If a vacant apartment appears in the housing stock, it can be transferred to citizens left without housing due to the emergency. If there is no vacant property, the affected person receives financial compensation. The amount of cash payments is calculated taking into account prices in the market and in the disaster area.
- The maximum amount of insurance payments reaches 0.3-0.5 million rubles. It is planned to increase this amount in the future.
- Payment for voluntary home insurance is minimal. A person pays about 150 rubles every 30 days. The final amount depends on the size of the apartment or house, area of residence, the likelihood of an emergency and other nuances. Each case is individual.
- Insurance covers many risks, including damage and destruction of housing in the event of a flood, earthquake, fire, etc. A detailed list of cases is considered in each region of the Russian Federation individually and may change.
- Some regions of Russia may provide additional benefits for home insurance. The category of beneficiaries will include low-income people, people with many children, and other socially vulnerable people.
The work of assessing damage and making decisions on payments rests with the commission. They will be created in response to an emergency, and will include employees of the regional administration and representatives of insurance companies. The insurer responsible for paying compensation is determined individually at the regional level.
According to available information, the creation of a standard and general insurance rules is being carried out by the BUS (insurers' union). In their work, its members are committed to telling people about insurance and the opportunities it offers. Thanks to such awareness, it will be easier for a person to make the right decision.
Legislative regulation
Property insurance is voluntary and is therefore regulated only by general insurance laws.
In particular, Chapter 48 “On Insurance” of the Civil Code of the Russian Federation, which talks about the owner’s right to insure his property.
The Housing Code of Russia speaks about guaranteeing compensation for losses in the event of an unforeseen adverse event. (v. 21).
In general, the activities of insurance companies are regulated by the Federal Law “On the organization of insurance business in the Russian Federation” No. 4015-1 dated November 27, 1992.
Is it possible to refuse payment?
Many citizens are interested in the possibility of refusing voluntary home insurance . This is not surprising, since similar programs were in place before the new Federal Law came into force. Citizens of the capital, Moscow Region, St. Petersburg, Krasnodar and a number of other cities received such experience. Over the years, the coverage has increased.
It was noted earlier that home insurance is voluntary. This means that the appearance of an additional column in the receipt does not pose any risks for the payer.
A person has the right to ignore this line and not make payments. In addition, the law did not come into force until August 3, 2020, so management companies act on their own initiative.
It’s a different matter if a citizen wants to protect himself from unforeseen situations. In this case, you need to come to the management company and study the conditions and possibilities of the innovation. At the same time, it is important to obtain data on the insurance company. If a person is not interested in the offer, he has the right to sign an agreement with another insurer.
If a citizen automatically paid his bills and paid in voluntary insurance several times, he needs to come to the insurance company and fill out an application to terminate the agreement.
After this, you need to go to the management company and refuse to participate in the insurance program in writing. At the same time, you can demand that the signature be removed from the payment receipt.
Voluntary apartment insurance
Voluntary insurance of household property depends on the personal desire of the owner.
The municipal program is not mandatory.
In Moscow, the Program is implemented through the City Housing Insurance Center (GKU “Housing Insurance Center”).
The center holds a competition to select an insurer and carries out organizational insurance procedures (inclusion of the contribution into the Unified Payment Document - a single payment document), publication of information literature, etc.
The essence of the program is that, for a low, affordable price, the insurance company and the city budget undertake the obligation to pay the owner an insured amount in the amount of damage upon the occurrence of an insured event.
Payment proportions: insurer - 85%, budget money - 15%.
The program is preferential. This is expressed as follows:
- Insurance premium installment for 12 months. According to classic programs, installments of no more than 4 installments are allowed.
- No increasing installment coefficient;
- Low insurance premium (the rate is 0.05% of the insured amount, or 19.44 rubles).
Such rates are significantly lower than those at which Insurers sell other home insurance products. For comparison, usually the rate for this type of insurance is 10 times higher - about 0.7% - an order of magnitude higher.
In the municipal program, the homeowner pays the insurance premium in installments for 12 months along with utility bills without increasing the cost.
Insurance is carried out without inspection, in the form of an offer - an open offer, which you agree to by paying the first insurance premium.
Results
Home insurance according to Federal Law No. 230 is voluntary and no one has the right to force a person to pay. If desired, a citizen can write an application to the insurer and the management company to refuse the service and remove a line from the receipt. But we must not forget about the benefits of such insurance, because in the event of an emergency, the injured party receives not only material compensation, but also temporary housing.
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Anna Vladimirovna
I am the editor-in-chief of our information portal, and I carefully review all the material from our experts before publishing them here. An economist by education, specialization in accounting, analysis and audit. Experience as an accountant for 10 years. I can work with long texts and legal documentation.
