Repair replacement door in the building. Replacing window units is a routine or major overhaul

Having considered the question, we came to the following conclusion:
  The issues of assigning work on replacing windows and doors to overhaul or maintenance are not within the competence of the accounting service of a state (municipal) institution and can finally be resolved only by appropriate technical specialists.

Justification for the conclusion:
  The issues of classifying construction work as capital or current repair, reconstruction are not within the competence of the accounting service of a state (municipal) institution and can finally be resolved only by appropriate technical specialists. At the same time, ensuring the targeted use of budget subsidies, compulsory medical insurance and other targeted funds is one of the functions of accounting (financial and economic service). Therefore, in those cases where the nature of construction work is of fundamental importance for attributing expenses to a particular type of financial support (to a certain code of budget classification), it is advisable for the responsible accounting officer to write the relevant questions to the head of the institution and / or profile before writing the expenses structural unit of the institution. And only after receiving an opinion on the qualification of work as a current repair (overhaul, reconstruction) should cash costs be paid to pay the corresponding obligations.
  If the work procedure described above is not followed and accounting (financial and economic services) employees independently determine the nature of the construction work in order to allocate the costs to a certain type of financial support (defined by the BSC), then they, in essence, take responsibility for the possible consequences such a decision.
  The conclusion that it is possible to classify specific works as ongoing or overhaul is just a judgment of non-core specialists.
The specialists of the Ministry of Finance of Russia, guided by the above arguments, as a rule, do not give written explanations on the determination of the nature of construction work in order to allocate the costs to a certain type of financial support (defined by the CSC). At the same time, they indicate that the provision of clarifications on the assignment of work to overhaul belongs to the competence of the Ministry of Construction of Russia, which is entrusted with the functions of legal regulation in the field of construction, architecture, urban development (Regulation on the Ministry of Construction and Housing and Communal Services of the Russian Federation, approved by the Government of the Russian Federation of November 18, 2013 N 1038).
  In determining the feasibility of attributing specific works to capital repairs, it is first of all necessary to be guided by the norms of the Town Planning Code of the Russian Federation. In turn, an indication of the procedure for qualifying work as work on repair is contained in the Town Planning Code of the Russian Federation.
  By-laws and regulations, in accordance with which the work can be attributed to the current or overhaul, should be applied in conjunction with the provisions of the Russian Federation (that is, in the part that does not contradict it). Such documents, in particular, include:
  - The Regulation on the preventive maintenance of industrial buildings and structures of the MDS 13-14.2000, approved by the Gosstroy of the USSR dated December 29, 1973 N 279 (hereinafter - the Regulation N 279);
  - Departmental building regulations (VSN) N 58-88 (p), approved by order of the State Committee for Architecture under the USSR State Construction on 11.23.1988 N 312;
  - letter of the Ministry of Finance of the USSR of 05.29.1984 N 80 "On the definition of the concepts of new construction, expansion, reconstruction and technical re-equipment of existing enterprises";
  - Methodology for determining the cost of construction products on the territory of the Russian Federation (MDS 81-35.2004), approved by resolution of the Gosstroy of the Russian Federation of 05.03.2004 N 15/1.
The provisions of the above documents, which continue to be valid at present, give certain reasons for classifying window and door replacement work as a major overhaul (see section VI "Windows, doors and gates" in Appendix 8) for a list of capital repairs of buildings and structures "to Regulation N 279, which states:" Complete replacement of dilapidated window and door blocks, as well as gates of production buildings "). The indicated grounds are used by inspection bodies to justify violations of the budget classification application (see, for example, the decision of the Kurgan Regional Court of July 17, 2015 in case No. 21-168 / 2015). At the same time, individual works when replacing windows and doors, qualified as major repairs, can also serve as a reason for claims from the inspection authorities (see, for example, the decision of the Arbitration Court of the Tyumen Region dated 13.02.2016 in case No. A70-272 / 2016, Decision of the Central District Court of the city of Tyumen, Tyumen Region dated 03.16.2016 in the case N 12-112 / 2016).
  However, as we have already indicated, only specialized technical specialists can give a conclusion on the compliance of these provisions with the current Russian standards and on the possibility of classifying window replacement work as ongoing or overhaul.

Answer prepared by:
  GARANT Legal Consulting Service Expert
  Advisor to the State Civil Service of the 1st class Olga Levina

Answer passed quality control

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

Who owns the windows in the house and who is responsible for them?

"ANNEX - p.12:
The prices for the maintenance and repair of residential premises do not include expenses for the repair of residential premises and in-house engineering equipment:
   - tenants of premises obligated at their own expense  produce maintenance  residential premises and in-house engineering equipment;
- owners of premises obligated at own expense  produce current and overhaul  living quarters and in-house engineering equipment. "

Maybe windows belong to in-house engineering equipment?

According to the internal construction standards BCH 61-89:

Engineering equipment of residential buildings (apartments)  - a set of technical devices providing favorable (comfortable) living conditions for residents, including cold and hot water supply, sewage, heating, ventilation, gas and electricity, as well as waste disposal and fire extinguishing systems, elevators, telephony, radio and other types of internal improvement.

As you can see, there are no windows in this list. They could relate to "other types of internal improvement"if not   "enclosing non-load-bearing structure",  mentioned above in the decree of the Government of the Russian Federation No. 491.

In accordance with Art. 210 Civil Code of the Russian Federation
  "the owner bears the burden of maintaining his property."
   Does the window belong to him? Can he take the purchased or privatized windows with him when leaving? That's it!
   This means that he is obliged, at his own expense, to carry out capital (that is, replacement) and current repairs of windows, which: are not common house property, are not his property, but are mysterious, either in-house engineering equipment, or in a non-load-bearing enclosure, which he often does not have any documents.

If this is the case, you have to figure out what maintenance is.

Many residents of apartment buildings are concerned about the issue, replacing windows is a current or major repair, because every month they have to pay a certain amount from the family budget. It is worth noting that at the same time, not everyone sees the result of the capital spent, since sometimes you have to climb up the shabby and cold porches. And the appearance of a residential building, which is not particularly familiar with the repair, can sometimes spoil the panorama of the entire area.

Not all responsible persons fulfill their duties as they should. At the same time, some residents complain that the windows in their entrances are so bad that their appearance is simply frightening, and they can’t protect the common area from the cold.

And here the question may arise as to whether replacing windows is an ongoing or major repair, and you can enjoy all the advantages of good windows only after it? To understand who is responsible for replacing the windows in the entrance, as well as how and when these procedures should be carried out, many residents of apartment buildings dream of. However, often a clear answer cannot be obtained.

What should be included in the current and overhaul?

If you enable logical thinking and figure out in which case you should expect certain actions from communal workers, you can draw up an approximate work plan.

As a rule, current repairs include painting, plastering and minor restoration of the entrance. For example, if a collapsing step is detected or a piece of the ceiling begins to fall off, this problem will be eliminated at the stage of ongoing repair of the building.

Regarding the question of whether replacing windows is a current or major repair, as most representatives of public utilities claim, their painting and plastering responsibilities are exhausted. That is, if there are bad or no windows at the entrance, this is already a problem for the residents themselves. They can get together and solve this issue on their own, or they can wait until the turn for a major overhaul reaches their home.

Should I install new windows or repair old ones?

If the residents are desperate to struggle with utilities, and there is no patience to wait for the overhaul program to touch the house, you can try to solve the problem with the windows in the entrance yourself.

It will be much more profitable to repair windows, but in some cases there is simply nothing to restore. Very old and loose constructions cannot be put in order with all efforts. At the same time, complete replacement of windows is a rather complicated and troublesome process.

If the window structures in the stairwell are very old and cannot be restored, you will have to completely change them. To do this, you will need to decide which option will be the most profitable and convenient for the residents of the entrance.

Experts recommend stopping your choice on wooden double-glazed windows, as they have a huge number of advantages over the already familiar plastic. First of all, this concerns the fact that natural wood breathes, that is, there will be enough fresh air in the room, which will constantly circulate.

Many believe that plastic is much more convenient and high quality. There is no doubt about such windows, but the tree can be no worse. In good wooden frames, you can insert double-glazed windows, as in plastic, and the opening system can be similar.

A huge advantage of wood will be its price, which in most cases is much lower than that of plastic counterparts. If the replacement of windows will be made by the forces of the residents of the entrance, this moment is of great importance.

In the case when the available windows can still fulfill their main function, but at the same time their appearance leaves much to be desired, you can put them in order without a complete replacement.

In any case, in order to carry out at least some work with windows in the entrance, everyone will have to fold. The amount can be divided by the number of apartments, residents or square meters, as in the case of contributions for major repairs. It is very important to appoint a person in charge. This should be a respected person to whom apartment owners are not afraid to entrust money.

Window replacement and law

Regarding the question of whether the replacement of windows refers to the current or capital repair, many representatives of public utilities assure residents of apartment buildings that this is not their responsibility. However, this can be argued if you take into account information from certain legislative acts.

In order to understand whether full or partial replacement of windows is a current or major repair, you need to understand both of these concepts. The Civil Code states that the overhaul of residential buildings is the restoration of building structures or their individual elements, as well as engineering systems.

These data can be interpreted in such a way that replacing windows is an activity that is part of the building overhaul program. However, there are also certain building regulations that state the ongoing repair work of residential buildings.

It says here primarily that repairs of this type should be carried out as often as necessary to maintain the facility in a normal and liveable condition. At the same time, the turn for repairs may differ slightly in different regions, since the need for restoration largely depends on natural and climatic factors. In addition, utilities that are responsible for the current repair of the building must take into account the design features of the house, its general technical condition  and operation mode.

Responsible persons shall draw up plans for the current repair for an annual and five-year period. In this case, the main works are distributed, which are prescribed in one of the applications approved by the Ministry of Construction.

Appendix No. 7 consists of recommendations for utilities. It says what kind of work should be carried out during the current repair in relation to window and door fillings, as well as translucent structures.

This document contains information that the windows should be replaced with new ones or completely repaired if necessary. In the latter case, we are talking about replacing glasses, installing springs and stops, as well as replacing parts of damaged and obsolete elements.

The information from Appendix No. 7 can answer the question of whether the windows in the entrance should change during the current repair. But these are just recommendations that not all communal services adhere to.

I like

In the building, you need to replace the old window units with new ones, but you do not know where to apply with a similar request?

Similar expenses are also subject to accounting and fixing in the accounting documentation, however, it is essential to what type of repair these works relate to - current or capital. You will find answers to the main questions on this topic in this article.

If this structural element needs to be repaired, such work of specialists can be attributed to the current repair, since in this situation the blocks cannot be replaced.

If the structure cannot be restored and must be replaced with a new one, such work is considered a major overhaul. Explanations for this division of concepts are contained in the Town Planning Code of the Russian Federation and other provisions relating to reconstruction and preventive measures.

The difference between maintenance and overhaul is as follows:

• the first type of work involves the restoration or correction of a malfunction that arose in a thing, the second - the replacement of failed structural elements or the whole thing as a whole;
• in the first case, the service life of the reconstructed structure is not extended for long, in the second case, the replaced part or thing can last up to several years;
• both activities are reflected in different ways in the reporting documentation related to fixing the costs of the necessary work.

Such events do not increase the value of the fixed property, according to the norms of Russian law.

Who should be involved in the replacement of window blocks?

These structures relate to the common property of residents in an apartment building, so the burden of maintaining and maintaining them in good condition lies with the homeowners. Thus, the owners of residential premises must pay for repair work on the replacement of window units.

This amount is charged in excess of those payments that are charged monthly on receipt for housing services. To replace the dilapidated structure, it may be necessary to conduct a general house meeting of residents, on which the amount necessary for the event will be determined.

This value is distributed among all apartments in equal shares. At the same time, it is possible to stretch payments for several months.

Before calling a specialist, contact the management company or the HOA, they should send a wizard to determine if the window unit is broken and what causes the malfunction. If the fault of the Criminal Code (HOA) is established in the inspection act, it will be she who will have to pay for the work. Otherwise, the costs are borne by the owners.

Complaint about the inaction of the Criminal Code (HOA)

If the window blocks broke due to the fault of the management company (for example, in connection with the dishonest fulfillment of the obligation to maintain the windows in good condition), but the Criminal Code refuses to pay for the work of the master, you have the right to go to court or any other higher authority (for example, the prosecutor's office).

A written response of the Criminal Code must be attached to the application, if it was given, an act of verification by a specialist with an established cause of the breakdown, and other papers related to the case.

If we are talking about common property, experts recommend filing a collective complaint.

How is the design replaced?

Even with proper care, window frames can fail over time. The reasons are sharp changes in temperature, precipitation, etc.

Windows made of PVC or aluminum profile cannot be restored. Wooden frames can be repaired, but it is more advisable to replace them with new ones - from plastic.

If the window cannot be repaired, its replacement is carried out as follows:

1. sashes are removed;
2. the old frame is dismantled (wallpaper or plaster can also be removed along the perimeter);
3. the slope is leveled;
4. construction waste is carefully removed;
5. installation of a new window unit is in progress.

Mounting seams must be insulated with a special sealant or sealing tape.

Even new windows require regular maintenance. In this case, they will be able to serve for many years. Particular attention should be paid to the weak points of the blocks - hinges, corner screed, sashes.

If you replaced the old windows with wooden ones, regularly check for rotting on them and for rust on metal parts. Such blocks are not able to last as long as plastic ones, since they are more exposed to precipitation, high temperatures and other adverse factors.

To replace a window at a meeting of residents, it is necessary to select a suitable company that provides such services and conclude an appropriate agreement with it. After paying the agreed amount of money, the specialist will carry out the necessary work.

Reflection of the event in the reporting documentation

To fix the work on replacing dilapidated window blocks with new ones, it is necessary to have primary accounting documents on hand, including a contract with a contractor, an act of acceptance of the work performed, payment papers (for example, invoices), shipping documents, etc.

In the relevant reports, accountants should display all the operations that accompany the replacement of the necessary design. You can familiarize yourself with postings in more detail using the table below.