The lawyer explained the new rules for debt collection for capital repairs from owners

Pre—trial work on debt collection and penalties from apartment owners — the formation of payment documents and sending payment requests - will be able to be performed not only by regional operators of capital repair funds, but also by other authorized organizations, if this is provided for by a regional act. Natalia Shaluba, the president of the ADVOLOGIA Legal Center, told Izvestia about this on January 27.

In Russia, banks, management companies, and payment agents can obtain the right to collect debts and penalties on capital repairs directly from homeowners. The relevant bill was supported by the Government commission on legislative activity.

At the same time, according to Shaluba, the mandatory pre-trial procedure remains in place. If the debt is not repaid after sending the claim, the recoverer gets the right to apply for a court order in a simplified manner, without a full-fledged trial. The amount of penalties, according to the bill, does not change.: they are calculated according to the norms of the Housing Code — 1/300 of the Central Bank's key rate for each day of delay, and after 90 days of delay — 1/130 of the rate.

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"The current social support measures for privileged categories — pensioners, the disabled, large families — remain in full, as well as the possibility of receiving installments or debt restructuring through a regional operator. The new bill does not introduce any additional benefits or restrictions on them," the lawyer clarified.

If a court order has been issued and the debtor has not sent objections, the document is handed over to bailiffs to initiate enforcement proceedings. The enforcement measures remain the same: the seizure of bank accounts, withholding of income, prohibition of registration actions with real estate and collection at the expense of property.

The owner against whom the order has been issued retains all possibilities of judicial protection. He can file objections and obtain the cancellation of the order, challenge the calculation of the debt, declare the application of the statute of limitations or submit documents on the right to benefits.

"The procedure of judicial protection by the draft law does not change — only the circle of persons who can initiate foreclosure changes. The obligation to pay capital repair fees, as before, lies with all owners of premises in an apartment building," concluded the specialist.

Vladimir Koshelev, first deputy chairman of the State Duma Committee on Construction and Housing and Communal Services, said on January 16 that in Russia, large families receive a 30% discount on housing and communal services, compensation for capital repairs, and full or partial exemption from maintenance fees. According to him, the regional authorities can expand these guarantees by increasing discount rates.

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