FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 25, 2012 No. 271-FZ

About introduction of amendments to the Housing code of the Russian Federation and separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation

Accepted by the State Duma on December 14, 2012

Approved by the Federation Council on December 19, 2012

Article 1

Bring in the Housing code of the Russian Federation (The Russian Federation Code, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, of Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, of Art. 5084; 2008, N 17, Art. 1756; N 20, of Art. 2251; N 30, of Art. 3616; 2009, N 23, Art. 2776; N 39, of Art. 4542; N 48, of Art. 5711; N 51, of Art. 6153; 2010, N 19, Art. 2278; N 31, of Art. 4206; N 49, of Art. 6424; 2011, N 23, Art. 3263; N 30, of Art. 4590; N 49, of the Art. 7027, 7061; N 50, of the Art. 7337, 7343, 7359; 2012, N 10, Art. 1163; N 14, of Art. 1552; N 24, of Art. 3072; N 26, of Art. 3446; N 27, of Art. 3587; N 31, of the Art. 4322) following changes:

Article 2 to add 1) with Item 6.1 of the following content:

"6. 1) will organize ensuring timely carrying out capital repairs of common property in apartment houses at the expense of fees of owners of placements in such houses on capital repairs of common property in apartment houses, budgetary funds and other financing sources which are not prohibited by the law;";

2) regarding 1 Article 4:

a) add Item 11 with words ", including payments of fee on capital repairs of common property in the apartment house (further also - fee on capital repairs)";

b) add with Item 11.1 of the following content:

"11. 1) forming and uses of fund of capital repairs of common property in the apartment house (further - fund of capital repairs);";

3) in Article 12:

a) add with Item 10.1 of the following content:

"10. 1) determination of procedure for establishment of need of carrying out capital repairs of common property for the apartment house;";

b) add with Item 16.4 of the following content:

"16. 4) implementation of monitoring of use of housing stock and ensuring its safety;";

c) add with Item 16.5 of the following content:

"16. 5) methodical ensuring activities of regional operators (including development of methodical recommendations about creation of regional operators and to ensuring their activities, recommended forms of the reporting and procedure for its representation);";

d) add with Item 16.6 of the following content:

"16. 6) implementation of monitoring of the choice and realization by owners of rooms in the apartment house of method of forming of fund of capital repairs;";

Article 13 to add 4) with Item 8.2 of the following content:

"8. 2) establishment of the minimum size of fee on capital repairs;";

Article 19 to add 5) with part 6 of the following content:

"6. Monitoring of use of housing stock and ensuring its safety is performed by the federal executive body authorized by the Government of the Russian Federation according to the procedure, established by the Government of the Russian Federation.";

6) in Article 20:

a) part 1 after words "to use and content of common property of owners of rooms in apartment houses," to add with words "to forming of funds of capital repairs,", after words "to provision of utilities to owners and users of rooms in apartment houses and apartment houses" to add with words ", specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses (further - the regional operator)";

b) part 3 after words of "checks of legal entities" to add with words "(except for regional operators)", to add with the offer of the following content: "Provisions of the specified Federal Law taking into account the features provided by part 4.3 of this Article are applied to the relations connected with implementation of the state housing supervision concerning activities of regional operators, the organization and conducting their checks.";

c) add with part 4.3 following of content:

"4.3. Activities of regional operators are performed with any frequency and without forming of the annual plan of conducting planned inspections. The term of conducting checks is not limited. Unscheduled inspections of regional operators are carried out without approval of bodies of prosecutor's office and without prior notice regional operators about conducting such checks.";

To add 7) with Article 36.1 of the following content:

"Article 36.1. The general money which is on the special account

1. Owners of rooms in the apartment house possess the rights to the money which is on the special account intended for money transfer on carrying out capital repairs of common property in the apartment house and opened in credit institution (further - the special account), and created at the expense of fees on capital repairs, the percent paid in connection with improper execution of obligation on payment of such fees, and added by credit institution of interest for using money on the special account.

2. The share of the owner of the room in the apartment house in the right to the money which is on the special account is pro rata to the total size of the fees on capital repairs paid by the owner of such room and the prior owner of such room.

3. The right of the owner of the placement in the apartment house on share of the money which is on the special account follows destiny of the property right to such room.

4. Upon transition of the property right to the room the share of the new owner of such room in the right to the money which is on the special account is equal in the apartment house to share in the right to the specified money of the prior owner of such room.

5. The owner of the room in the apartment house has no right to require allocation of the share of the money which is on the special account.

6. In case of acquisition the room in the apartment house to the acquirer of such room is carried over by share in the right to the money which is on the special account.

7. Terms of the contract according to which transition of the property right to the room in the apartment house is not followed by transition of share in the right to the money which is on the special account are insignificant.";

8) regarding the 2nd Article 44:

a) add Item 1 with words ", about use of fund of capital repairs";

b) add with Item 1.1 of the following content:

"1. 1) decision making about the choice of method of forming of fund of capital repairs, the fee size on capital repairs regarding excess of its size over the established minimum size of fee on capital repairs, the minimum size of fund of capital repairs regarding excess of its size over the established minimum size of fund of capital repairs (if the minimum size of fund of capital repairs is established by the law of the subject of the Russian Federation), the choice of person authorized on opening of the special account and making of transactions with the money which is on the special account;";

c) add with Item 1.2 of the following content:

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