60 thousand from each tenant plus interest: how does the new law on housing and communal services

По 60 тысяч с каждого жильца плюс пеня: как работает новый закон о ЖКХ

From may 1, entered into force most of the items of the new law on housing, another part – on approach. Many innovations – from the interest on the debts of communal and monthly fee to Directors and the renegotiation of contracts with service providers.

Moreover, if, for example, with penalties more or less clear – will accrue to 0.01% of the outstanding amount for each day of delay (3,65% per annum), with the rest of innovations there are nuances.

“For example, public utilities for some reason upgraded, allowing not only to serve the house, but also to manage them. It turns out that conventional housing office to obtain a meeting of residents a majority of votes, will be able to sell non-residential premises. This far-reaching thread: a couple of changes in the law, and before you know it, the lords could dispose of not only the cellars and attics, but also apartments,” says economist Alex Kush.

The head of the Housing Fund of Ukraine Alexander Skubchenko draws attention to a caveat: the new law permanently shifted all costs of maintenance of houses for the wallets of the residents. In particular, such a record value, as, for example, major repairs.

“In Ukraine, more than 220 thousand apartment houses in which lives more than 25 million people in the country. Only 8% of multi-family housing can be considered “young” buildings, 92% – this building until 1991: Soviet and tsarist. More than 70% of apartment houses have been in operation for 50 years or more. Every third house in need of major repairs today! Just be aware of the extent of the problem.

From now on capital repairs of houses is a problem and obligation of tenants, and partly – the right of local authorities to participate in helping the residents. In money terms – more than 1.5 trillion UAH, about 60 thousand hryvnias for each resident of high-rise buildings,” calculated Skubchenko.

“Country” has figured out how to change the life of an average Ukrainian high-rises since 1 may.

Penalty

The new law on housing stipulates that Ukrainians are obliged to pay the bills before the 20th of each month. At the expiration of this term for each day of delay will be charged a duty of 0.01% of the debt or of 3.65% per annum. At first glance, not all that much. For example, if you owe a thousand hryvnia, the day you have to pay on top for 10 cents.

“Given that inflation is 10% and interest rates on hryvnia deposits of 17%, it is better to put money in the Bank and pay for communal once a year,” jokes the Chairman of the Board “center for the promotion of implementation of energy efficiency and environmental projects” Oleg Popenko.

“But in the entire country, given that the debts of population for communal has reached 75 billion, goes not so little – 7.5 million per day. Good tool for service providers,” says Skubchenko.

However, it is not entirely clear what date will be the starting point for calculating penalties.

“The penalty may accrue from the time when the debt was incurred after conclusion of the contract on the provision of services, but not earlier than may 1, 2019. This means that new debt (new contract) penalty interest may be charged. And old – no. The law is not retroactive,” he explained, “the Country” Oleg Popenko.

But while new contracts no one. They have yet to conclude. It turns out that the introduction of penalties is automatically transferred at a later date.

However, experts assume that vendors will try to “marry” the old and new debt, because the payment they are always summed. And will expose the residents of apartment buildings higher bills starting this month.

However, the new law provides the cases when a penalty can not pay: if for example you receive a subsidy, and it was listed at the wrong time.

When the accumulation of debt one penalties will not get off. Malicious defaulters of service providers will be sending “letters of happiness” with the requirement to repay the debt. If you do not pay within one month, the case is referred to court. Behind him could follow the disable services.

New contracts

All the inhabitants of the Ukrainian high-rise buildings will have to rewrite the contracts with the suppliers of public services. The law stipulates three types of contracts – individual, corporate and collective for condominiums.

How they should look – no one knows. A sample of the standard contract must be approved by a separate by-law. It is only known that the contracts need to register all the rights and obligations of the service provider and the consumer, conditions of supply, quality requirements, the size of fines and penalties, etc.

“Individual contracts will be concluded with citizens directly with suppliers in case if there is a housing counter to the service. For example, for electricity or gas (direct contracts with the power companies there are now Approx. Ed.). If there is only meter on the house, for example, by heating, then you need to sign a collective agreement. If there is a Goblin, and an individual counter (for example, water or heating), it may be two contracts – both individual and collective. Separate contracts with providers will sign condominiums,” says Popenko.

The individual agreements provide that the service will be delivered directly to the apartment, and the collective – only home. That is, if there is a failure inside home networks, the provider of the service is not responding.

“I would advise on services to conclude only individual contracts. Indeed, in the case of a collective sign it can on behalf of the whole house the authorized representative selected by the holders of more than half the living space of the house. It’s a good loophole for developers during the construction phase first execute all the housing on yourself, and then sell. At this stage, they may “authorize” someone to conclude a collective agreement with the service providers at favorable rates or with a “pocket” by the housing Department. And tenants will be forced to pay the prices that they put up. As it was, for example, in one of the buildings in the center of Kiev. At a time when most of the city was paying for maintenance of the local area 2 hryvnia per square meter, where required for 40 hryvnia,” – says Skubchenko.

Fee

Another innovation of the law on housing and communal services – the so-called subscription fee. It will be required to pay each resident of a block of flats, has concluded an individual contract with the supplier. Regardless of whether he used the service or not.

For example, if a month was not at home and the hot water you didn’t even include the bill for it you will come up with zero rates, but the monthly fee to pay anyway. Similarly with heating, drainage, etc.

Bonaplata in the payment will be allocated in a separate column.

Fee – is the cost of the supplier for “service contracts” – invoicing, issuing payment orders, judicial work with debtors, work in the period when the service is not available (for example, during non-heating season).

“Now the Ukrainians, too, that all pay, only the amount included in the tariff and not shown separately. So the total payment for the service fee – must not be changed,” says Popenko.

The limiting size of the license fee determines the Cabinet by a special formula. It takes into account the minimum wage, the average number living in the apartment (2,58), the ratio of expenses for utilities (0,15) and the ratio of specific service (0,009 – garbage collection, 0,019 – hot water, heating, etc.). The maximum fee for garbage collection will be 14.5 hryvnia per month, and for other services 30.7 USD. Clearly, if the minimum salary will rise automatically “catch up” and subscription fee.

Alexander Skubchenko it does not exclude the possibility that suppliers will try to charge a monthly fee on top of the current tariff. At first glance, the amount of a penny, so the mass is to challenge them in the courts, citizens are unlikely. If this happens, bills get heavier even a hundred hryvnia per month.

Control

Separate contracts to residents of apartment buildings will have to conclude with the administering. It can be as traditional housing offices and private offices. To manage the house and condominiums, if only will be certified. “There are courses for managers when a KPI and KNEU, but produce only a few dozen certified professionals, which in the country is very small,” says Popenko.

However, this may not the norm. The search Manager gave citizens a year. But, experts say, the Ukrainians need “something to think” now. After all, if by may 2020, the people do not elect a steward, the local authorities will have the right to designate it by force.

As the economist Alex Kush, the new law significantly changed the status of public utilities.

“Managers were given the right not only to serve high-rise buildings, but also to manage the property. That is, the idea can sell non-residential premises – basement, attics, etc. This is a very dangerous innovation. It could lead to the alienation of flats – for example, if the pseudo-Manager will give the whole house as collateral for the loan,” – said Kusch. “We are waiting for a new wave of fraud with the stewards and all kinds of crooks who are able to ingratiate himself to the residents,” he predicts.

It should be noted that ideally, at the time of entry into force of the new law on housing and communal services citizens have had to create in their homes ajoah. And already they could choose suppliers on behalf of all the owners of apartment buildings.

But it never happened. Although the company to build condominiums launched over 10 years ago, during this time, in Ukraine there are only 26 thousand of such associations. All high-rise buildings in our country is about 250 thousand.

“The new law on housing and communal services have been provided till 2018 had to be part of the reform concerning housing services – repairs, cleaning, building condominiums, etc. But the procedure still doesn’t work. People, no one explained how to use it all in practice,” say the experts.

While various grant associations released a lot of colorful and expensive brochures containing instructions for the creation of condominiums and the choice of the ruler.

“They are certainly very useful. And now I want to ask a simple but very profound question – you are able together with the neighbors to go that way? Which happens first – you will find yourself the Manager or you will drive into debt??! Can you and your neighbors to manage their house and bear the entire burden of responsibility for it?! Do you understand that, on the idea of the reformers, the main goal of the reform is to dump on you and your neighbors your home and forget about this problem forever?!”, – wrote on his page in Facebook the former Minister of housing, head of the Union of homeowners Oleksiy Kucherenko.

Repairs – at your expense

Another “trap” for the residents of the new law on housing and communal services – final shifting to them of all costs for maintenance of buildings.

In fact, in 2016, taking the law on special rights of ownership in apartment buildings, the MPs ordered that the repairs carried out at their own expense the tenants, and local authorities “possibly” can contribute to the costs. But it was stated that before the first delivery of houses to the balance ajoah, the state must bring it into order.

The new law such a clause is no more. As there is no line about the obligation to conduct capital repairs of the list of duties of Directors. “Maintenance is and the capital – no. Meanwhile, even the replacement of doors at the entrance – this is the element of renewal,” – said Oleg Popenko.

According to him, it would be theoretically possible to provide that the costs of capital repairs included in the tariff. “This is called not only to raise funds but also to make the residents to feel like real owners. But it somehow did not” – said the expert.

Under the new law, the residents themselves should make the decision about capital repairs and to collect the money. On the one hand, major repairs are not made so often. Suppose the inhabitants of buildings in 30 years would be able to collect the necessary sum. But where to store and how to store. The idea is that you need a special banking program, deposits that allow at least to protect these funds from inflation. None of that,” added Skubchenko.

Given the deterioration of the housing stock in Ukraine, it can become a big problem. After all, the life of Khrushchev and many prefabricated houses come to an end.

According to estimates Skubchenko to conduct capital repairs in all houses need a lot of money – more than 1.5 trillion hryvnias, or about 60 thousand hryvnias for each resident of high-rise buildings. It is clear that to fold such sums want a few. “We have neighbors who just don’t want anything to pass. They clubbed together never participated and will not ( in principle, and categorical). From that we even basic painting of walls and whitewashing ceilings in the entrance can’t do without nerves,” – writes in social networks Tatiana Lapshinov.

There will be ongoing costs, especially the residents of old houses. Not all Directors want to connect with battered high-rise buildings. “There are already cases that refuse to serve at home “in the suburbs”, with the specific prize area, where the poor pay for services. It turns out that the high cost of maintenance. For example, if the average for Kiev tariff of 6, 5 hryvnia per square meter in separate houses at the hem, in Darnitsa may reach 12-13 hryvnias,” says Popenko.

“The law does not stipulate the further procedure after the rejection of the house. If the residents do not take any decision (for example that will drive home themselves), in this case, the house is in limbo, it does not serve, there will be no janitor, no heat or even emergency services”, – the expert added.

Denial from the Central heating

The space, which would allow residents to save significantly restricted. For example, after the new law on housing and communal services, Ministry of regional development adopted a normative, which greatly complicates (and in fact forbids) a waiver of district heating.

“Previously, this process was less regulated. Now there are conditions. First, you need to obtain the consent of owners of 50% plus 1% of the living space of the house, second, the “good” from the local authorities, the facility should attend a special Commission, and only during the interheating period, thirdly, we need certain electrical power for the installation of individual boiler” – lists Popenko.

It is clear that this way to do ordinary citizen in reality is impossible.

Public utilities and the stewards will be able to walk to your apartment – like home. Under the new law, the consumer must give them access to its housing for inspection of meters, warning, or emergency. Otherwise they can simply disable the apartment from the services.

In theory, more rights received and the residents themselves. They are, for example, may not pay if the quality of service was unsatisfactory. In contracts you can also prescribe penalties for suppliers. But, as Alexander Skubchenko, in practice these standards are unlikely to fully earn.

“It is possible to complain now. But as service providers – monopolists, they are on your complaints is not particularly responsive. Send to the court. But courts have expensive and if it would be about the amount of thousand people are unlikely to sue”, – concluded the expert.

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