ISSUES OF ORGANIZING CAPITAL REPAIRS OF THE COMMON PROPERTY IN AN APARTMENT BUILDING: THEORETICAL AND PRACTICAL ASPECTS
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Author(s): | Tsvetkov S. B., |
| Number of journal: | 2(75) | Date: | June 2026 |
| Annotation: | In our country, traditionally (although this can be recognized as a problem of most states), there is a need to study the effectiveness of legal norms governing socioeconomic processes in the field of housing and communal services, and to find ways to solve the problem of housing maintenance and reproduction. Federal Law No. 271-FZ of December 25, 2012, having introduced additions and amendments to the Housing Code of the Russian Federation, thereby introduced an innovative mechanism for carrying out capital repairs of the common property in an apartment building as one of the areas of reproduction of the housing stock. The owners of residential premises and the regional operator have acquired a special status. The preparation of the presented article is conditioned by the need to analyze some, in the author’s opinion, topical issues of legal regulation of issues related to the organization of major repairs of the common property in an apartment building, the effectiveness and sufficiency of legal norms, and to develop proposals for their improvement. The basic doctrinal definition of the concept of the legal relationship under consideration is formulated as a complex social, economic and legal phenomenon requiring an interdisciplinary approach. Attention is drawn to the existence of two legal definitions of the concept of major repairs, which, in the author’s opinion, require unification and clarification. The importance of prioritizing major repairs, the possibility of postponing them, and the preparation of contracts with contractors are discussed. The author’s understanding of the legal term “provision of services” in the context of the analyzed obligations is revealed. Based on examples of judicial practice, the specifics of the responsibility of a regional operator for the consequences of non-fulfillment or improper fulfillment of obligations to carry out major repairs by involved contractors are analyzed. The materials of the normative and judicial practice of the Volgograd region were used in the preparation of the article. | ||
| Keywords: | owners of residential premises, major repairs, management of an apartment building, common property, capital repair fund, regional operator, terms of major repairs, order of major repairs, contract, responsibility of the regional operator |
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| For citation: | Tsvetkov S. B. Issues of organizing capital repairs of the common property in an apartment building: theoretical and practical aspects. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;2(75):248—253. DOI: 10.25683/ VOLBI.2026.75.1584. |
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