A task management company- provide favorable conditions for residents of apartment buildings. Under an agreement with the apartment owners, the management company assumes responsibility for maintaining the property and communications belonging to the house. After reading this article, you will learn why to insure the Criminal Code.

Literally from all sides, management companies are surrounded by risks and losses! Unscrupulous contractors, unpredictable weather and natural disasters damage property - all of which should be covered by the Criminal Code. A common situation is when the contractor completed the repair work, and after a few months its shortcomings were revealed. For example, during heavy rains, the roof began to leak, and the upper apartments were flooded, or due to the deterioration of the heating system, a pipe burst - in all these cases, liability insurance of the management company will help.

The management company is directly responsible to residents, tenants of premises for the performance of all work on the management of an apartment building.

Why do management companies need liability insurance?

Minimizing your risks is a priority in any commercial activity. in Russian insurance market many options for comprehensive liability insurance are provided, which allow you to insure all work under the management of the management company.

Liability insurance is a modern reality for management companies, although it is not prerequisite for carrying out activities, however, very often, when choosing a management company, the owners indicate insurance as a prerequisite.

The list of possible risks usually includes the liability of the management company when performing the following work:

• real estate management works;
• maintenance and current repair of common property;
• accidents on supply routes, breakage of water pipes during work;
• explosion of flammable substances, for example, gas due to the fault of the management company;
• causing damage not through the fault of the Criminal Code (work that was performed by contractors on behalf of the Criminal Code).

Tariffs and prices: how to get the best conditions for liability insurance?

Tariffs depend on many factors, such as the condition of the property, the terms of insurance, the qualifications of the performers, and much more. There are ways to reduce the cost of insurance, which are not always known to employees of management companies, although these methods lie on the surface and are part of the contract with the insurance company. For example, if your contractors also insure their liability on a mandatory basis, then in some cases this will directly affect the cost of the liability insurance contract for you! Of course, the size of the housing stock is important (it is cheaper in bulk) and the reputation of the management company in general.

We are well versed in liability insurance and closely monitor the insurance market. Make a free request for a calculation, and we will select the most suitable for you profitable terms liability insurance tailored to your needs.

With us you will receive:

• high-quality insurance coverage in the Top 10 best insurance companies in the country;
• profitable terms;
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• free express delivery of documents in Moscow and all over Russia.

According to the current legislation, the management company must carry out repairs of apartment buildings in a timely manner and promptly resolve organizational issues of the population. You can find out how to write a repair application.

The requirements put forward for the maintenance of common property are legally regulated by clause 10 of Decree of the Government of the Russian Federation No. 491 dated 13.08.06.

The following activities fall under the scope of responsibility of the CC:

• overhaul;
• ongoing work (Decree of the State Construction Committee No. 170);
• preparation for the winter period;
• control over the common property of apartment buildings;
• cleaning and maintaining cleanliness (Federal Law No. 52);
• fire safety (Federal Law No. 69);
• elimination of housing and communal services accidents;
• installation of counters.

The concept of organizational, which the Criminal Code is obliged to provide, includes:

• registration account;
• payments;
• holding meetings of apartment owners;
• providing information about changes in payment for housing and communal services;
• conducting;
• conclusion of contracts, recalculation, maintenance and storage of documentation;
• identification of people involved in the theft of electricity.

Which organization will manage the house and in what form it will be carried out, has the right to decide only the general meeting of apartment owners. They also discuss the terms of the contract and always have the right to a previously selected management company.

Video about what the management company is responsible to the tenants apartment building:

Limits of responsibility between the owners and the management company

The management company, in accordance with the current legislative norms of the Russian Federation, takes responsibility for the maintenance of the property of an apartment building. It is usually drawn up between the homeowners and the Criminal Code, which clearly states what work the Criminal Code is obliged to carry out in the house, what responsibility and the amount of the monthly fee charged to the tenants.

Rarely, but there are cases when an agreement was not signed between the owner of the housing and the Criminal Code. At the same time, if there is a fact of providing services and accepting them by the tenant, then this situation is regarded as the emergence of contractual obligations and means that the owner must still comply with the prescribed requirements.

For its part, the management company is also obliged to fulfill all obligations imposed on it by laws.

Primarily, The homeowner is responsible for timely payment of utility bills.(Article 156 of the Housing Code of the Russian Federation), and payment for what is included in the mandatory repair of premises (Government Decree No. 491, paragraphs 17 and 35).

Special mention should be made of direct management(Article 161 of the LC RF), during which the boundaries of responsibility between the owners and the management company may seem very blurred.

Owners often choose this method of managing a house because of its cheapness. They themselves solve most of the tasks of maintaining the MKD in proper condition. For management companies, direct management of residents is also much more profitable., because then it retains only nominative obligations, for example, cleaning and garbage disposal.

But these obligations must be spelled out in the contract and are binding on the management company.

Note! If there are more than twelve apartments in the building, then management can only be carried out directly by the management company.

Everything related to the maintenance of the dwelling and the cost of services, the managing organization must decide at a general meeting of apartment owners. If for some reason this does not happen, the municipal tariff is taken as the basis (clause 4, article 158 of the LC RF).

From the video you can find out detailed information on the limits of responsibility of the management company:

Water supply

The areas of responsibility of water supply and sanitation management companies are defined in Decree of the Government of the Russian Federation under number 644. According to this document, the balance sheet property boundary is determined based on the definition of the property division boundary.

With respect to these parameters, the boundary of operational responsibility is established, which ultimately determines who should be responsible for maintaining the facility in proper condition - the RSO, the management company or the homeowners themselves.

The area of ​​responsibility of the management company in the field of water supply and sanitation is the risers of hot and cold water supply, water shut-off devices on the branches of the risers, as well as shut-off and control valves on the wiring inside the apartments.

The boundaries of responsibility between the managing organization and homeowners are established on the basis of property ownership - in case of breakdowns, residents must independently pay for the repair of what is in their personal property, for example, plumbing equipment, faucets, individual metering devices, toilet bowls, etc.

• Risers of both cold and hot water supply (up to the first stopcocks).
• Risers responsible for drainage and their branches (including plugs, tees, etc.).
• Meters, if they are installed up to the installation point of the first shut-off valve.

Important! The boundary of responsibility between the management company and the RSO is the connection of the external distribution network with the first in-house valve.

Heating

The area of ​​responsibility for heat supply is determined based on the norms Housing Code Russian Federation, art. 161 p. 2.1. The boundary of operational responsibility for the heating system is the connection of the heater (threaded) or the main pipeline with the first shut-off valve.

Responsibility for the technical condition and repair of radiators located inside the premises, the pipeline to the first shut-off valve, as well as for the integrity and tightness of the threaded connection with the valve, lies with the owner of the home. At the same time, the managing organization assumes responsibility for the technical condition of the disconnecting device and risers.

If there is no locking device, and a connection is made to the general house communications in the form of a threaded connection or a weld, the first weld or threaded connection on the side of the heating device becomes the responsibility of the operation.

The tightness of the connection of the pipes of the heater with the riser pipe is borne by the owner of the dwelling. In this case, the management company is responsible for the integrity of the welded connection of the device with the riser pipeline.

Obligations to maintain the required temperature in the apartment and hot water

There is no single standard for temperature indicators. The temperature norm is set in accordance with the requirements for the provision of housing and communal services by the administration of a city in the Russian Federation.

The criteria for the temperature norm depend on such factors:

1. climatic conditions of your region;
2. indicators of winter and summer periods;
3. data on average monthly and annual temperatures, as well as solar radiation ().

Separately, criteria are set for corner rooms.

Reference: hot water temperature should not be less than 60 degrees. The longest period of its shutdown is two weeks.

If there is no hot water in the house for more than 2 weeks, the management company is obliged to reduce the cost of the service by 0.15% of the rate of payment for each extra hour. And if the water is colder than required, then by 0.1% for every three degrees.

If you do not have hot water in your apartment, or the room is not heated properly, you have the right to hold the management company liable as follows:

In order to achieve consideration of your case in court, you need to correctly draw up a statement of claim, attach an act of inspection of the apartment and provide evidence that you tried to solve the problem with the Criminal Code in a pre-trial order.

If you are going to sue the Criminal Code, we advise you to hire a good lawyer, because in the course of the proceedings you can expect a lot of pitfalls. They can ruin all your claims and give your opponents undeniable advantages.

By electricity

The boundary of operational responsibility for the power supply of the apartment is defined as the place of connection of the intra-apartment power wires to the circuit breaker installed before the metering device (electric meter) of this room.

Based on the norms established by the Housing Code, the Criminal Code is responsible for the condition of the intra-house electrical network from the input distribution device to the first terminals on individual metering devices. In the event that there is no counter, the first terminals of the disconnecting device are considered the boundary.

The device for individual metering of electricity consumption does not belong to common house property and is the responsibility of the homeowner.

But even after the choice, in the process of work, it is important to keep abreast. To do this, you need not only to understand your rights, but also to know.

Violations of the activities of the management company

Not always the organization that has assumed the responsibility for managing the house, conscientiously treats its duties. On the part of the employees of the Criminal Code, the following violations can be observed:

• poor-quality performance or disregard for sanitary and epidemiological requirements;
• violation of fire safety rules;
• providing homeowners with incorrect information or hiding it.

The company can also be held accountable for harsh methods of collecting fees and penalties. in case someone does not want to deposit money on time. For example, disabling or blocking access to public services. Of course, housing owners can apply such measures, but within the law.

In some cases, by a court decision, it is even possible to evict a malicious non-payer. But if the Criminal Code simply took and de-energized the whole house (there were precedents) as a punishment for the fact that someone did not pay, this is illegal. They have the right only to an individual approach, without affecting honest tenants and without infringing on their interests, even if they themselves have a large one.

Important! The Criminal Code does not have the right to punish the debtor suddenly. She is obliged to notify the violator that he is doing wrong and to offer options for solving the problem, for which he sends him a registered letter with a notification, which is handed over personally and signed.

Entering into pre-trial negotiations with debtors is mandatory for the management company. However, here it is worth saying that the struggle is a struggle, but if you are a debtor, you will still be obliged to pay. That's why most The best way to avoid showdowns with officials is not to have debts and pay your bills on time. Find out also, in what the debtor should do if the Criminal Code has changed.

Liability for miscalculation

Since it is the UK that provides all the information in the RCC for calculating utility bills, it is she who is responsible for their incorrect calculation. This is confirmed by law in the Federal Law No. 485, adopted in 2017.

In order to hold accountable the management company that made a mistake in the calculations, it is necessary to double-check the accruals, and on the basis of the calculations made, achieve the cancellation of erroneously accrued amounts.

You can check directly by contacting the accounting department of the Criminal Code, or independently check the accruals online on the official website of the FAS. In this case, you need to go to the page with the utility calculator, enter information about charges in the form of the calculator program and get the results.

The first thing to do is to file a complaint with the governing body. If this step does not lead to the correction of the mistake made, it will be possible to contact higher authorities. If it was not possible to agree with the Criminal Code, contact the supervisory authorities.

Supervisory authorities:

In case of detection of violations on the part of the management company, it is threatened with a fine of 50% of the amount exceeding the actual amount of accrued payments. If the management company provided services of inadequate quality, the fine will be 30% of their value.

Penalties of the Criminal Code must be paid in favor of consumers. Payment can be avoided only if the violation is eliminated before the appeal to the supervisory authority or payment by the consumer. Also, the injured citizen can apply for compensation for overpayment, but this can only be done by going to court.

For common property

If the actions or inaction of the Criminal Code caused damage to common house property, technical malfunctions, harmed the health of residents, the management company will fully compensate for the damage for its violations.

If, due to the actions of the Criminal Code, damage was caused to property or a tenant, a representative of the organization must draw up an act, which exhaustively indicates the circumstances of the incident and the degree of harm caused.

The document is issued in 2 copies. If the victim himself does not have the opportunity to sign the act, two disinterested persons and a representative of the Criminal Code put their signatures.

How to attract the Criminal Code for improper provision of services?

Managers can be held accountable for dishonest work just like any other organization. If the Criminal Code performs its duties of managing and maintaining the housing entrusted to them poorly, then various penalties await them.

The basis for this can be both laws, namely the PP dated May 6, 2011 number 354, and the clauses of the agreement concluded between the company and the residents.

In case of obvious violations on the part of the Criminal Code, tenants have the right to demand the drawing up of acts on poor-quality services provided, recalculation of the established fee, and bringing the Criminal Code to responsibility. Also, any resident can demand that the management company pay penalties and fines on the basis of Federal Law N2300-1 “On Protection of Consumer Rights”): if it comes to the operation of premises - a fine of 10 to 20 thousand rubles or suspension of the activities of the management company for up to 90 days; in case of violation of the requirements for drinking water, as well as for drinking and household water supply - a fine from 20 to 30 thousand rubles, or also suspension of the activities of the management company for up to 90 days; However, this is impossible without the residents contacting these authorities - to start the process, you need a statement of violation of the law by the Criminal Code. Additionally, documents confirming the fact of violation (for example, the conclusion of Rospotrebnadzor) should be attached.

After the appeal, employees of the supervisory authorities carry out an unscheduled inspection of the work of the Criminal Code, and if violations are confirmed, they give the management company a notification about the need to eliminate them.

If the violations are not eliminated within the agreed period, the State Zhiyi or the prosecutor's office will appeal to the Magistrate's Court. As a result of the process, in 80% of cases a fine is imposed on the Criminal Code.

Important! The amount of the fine of the management company for the incorrect calculation of amounts in receipts and other violations is established by the court in accordance with the law.

It becomes obvious that the management company is fully responsible to the apartment owners for the quality of the services provided and the fulfillment of its obligations.

If the management company does its job in bad faith, the tenants have the right to hold it accountable up to criminal. At the same time, having a fairly wide range of serious obligations, the management company has the opportunity to protect itself. To do this, she needs to take advantage of the possibility of insuring the risks associated with her activities.

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The practice of forming a single body that monitors the maintenance schedule for residential or commercial real estate objects - a management company - is common both in Russia and abroad. The difference is that the fashion to transfer communal services to the management of the Criminal Code in the Russian Federation was formed before the economy itself was updated. Many networks, house systems, and communications are objectively in a weak state. And the appointed company already bears its responsibility.

At first, this situation provoked massive cases of fraud or the rapid ruin of such services. Today, the culture of public utilities in residential and non-residential funds has evolved. One of the reasons for this effect was the ability to insure the liability of the management company.

Objectives of CM liability insurance

This insurance product solves several serious social problems at once.

1. Formation of a trusting relationship between an authorized organization and the owners of apartments or offices in a building administered by the Criminal Code.
2. Providing guarantees to users of the MC service. At the first accident, the managing organization will not disappear.
3. Liability insurance for management companies is a fashion product. It allows the insured to carry out professional activities without regard to potential costs. Their lion's share in case of missteps will be "closed" by the insurance company.
4. Opportunity to increase the level of quality of work performed. This is due to the financial security that the policy provides.
5. The demand for the transfer of public utilities to the management of the Criminal Code has formed a huge supply. There are many companies that are ready to offer the service. Availability insurance policy- this is an advantage for a segment participant in such a competitive field of activity.

The ability to insure the liability of the CM removes the complex barriers to entry into such a service market. Its participants do not need to form a major reserve fund(later collecting money for it from the tenants).

Features of the contract

The manager's liability insurance contract is concluded for a standard year. At the same time, the insured has the right to decide for himself what to include in the coverage:

• All objects under his control.
• Only communication networks or supply systems.
• Utility rooms, etc.

Like any liability insurance contract, this policy assumes the recognition of an insured event in the presence of complaints from potential victims. In other words, coverage starts from the time you file your complaint. The latter can be issued both by a third party and the owner of an apartment building.

Risk coverage

The risk program may include both man-made threats and natural disasters, damage as a result of hurricanes, heavy rains, snowstorms. Most often, the program takes into account the following points:

• Collapses and destruction due to untimely repair work.
• Injuries resulting from falling icicles or falling snow while clearing roofs.
• Damage to cars from icicles, falling rocks or bricks.
• Accidents of supply systems - gas, water supply, heating.
• Damage to neighboring buildings (or apartments of the entrusted house) during repair operations.
• Risks of vandalism and hooliganism (broken windows, theft of a car at the entrance, robbery).

Cost of UK insurance

The program is always agreed individually. Its value depends on the measures taken by the management company to prevent insured events, experience, history of the insured. You can choose the optimal tariff (by risks) and compare the price of the policy for a different set of coverage points on the spot.

For this purpose, the CA service "GALAXY insurance" was created. We have provided everything for the insured to conclude a profitable effective insurance contract. The site has Personal Area, where you can save attractive offers, a list of our partners (only the strongest representatives of the market), a calculator for calculating prices.

Current types of insurance in the housing sector

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Housing and communal services is that area of ​​the economy in which many directions and aspects are closely intertwined, from social to political.

Contractor Liability Insurance

In many regions, the norms for financing capital repairs of the housing stock have not been observed for a long time; not enough (for example, in Moscow - almost 30%) is financed for services and current repair; funds are only sufficient to carry out emergency measures. As a result, worsening general state and depreciation of fixed assets is increasing, the reliability of life support systems is declining, and minimum standards of service quality are not observed.
To correct the current situation, within the framework of the ongoing reform of the housing and communal services, a system has been introduced to attract contractors and housing fund managers on a competitive basis. Competition applicants are firms that have licenses to carry out various kinds of work in the housing and communal services system and, of course, have certain experience in this area. But licenses and experience do not guarantee against events that can and do occur suddenly during the maintenance, repair and management of the housing stock. Often these organizations do not have sufficient own funds to cover the damage caused, and the entire burden of its compensation falls on the city budget, which is a very significant amount.
In our opinion, this problem has one simple solution - the use of insurance. It is insurance protection that is the tool that allows you to shift the care of eliminating damage to the shoulders of professionals in risk management - to insurers. In the Regulations on holding competitions for similar works and management of the housing stock as the main criterion financial stability contestant, it is necessary to introduce a condition on the need to insure civil liability for damage.
In that case, the composition insurance coverage the amount of the established liability limits of the insurer includes the satisfaction of justified claims of third parties for the damage caused by the insured to a person or property resulting from accidental errors during repair work and during the period of warranty operation of the object after repair. For example, these could be claims for damage to upper floor occupants as a result of a roof leak following replacement of the soft roof. Mistakes can be made by employees of the contractor both in the course of work and as a result of the use of low-quality or frankly defective roofing material. The need for insurance becomes even more obvious when, during the life of the house, the contractor may become insolvent or even bankrupt, not excluding intentional bankruptcy. Then the damage to the injured person will be compensated by the insurer. Limit of liability of the insurer, or sum insured, i.e. the amount within which it covers losses is determined estimated cost work and can be quite significant. The cost of such insurance, or insurance premium, is calculated depending on the nature of the serviced object, the type and timing of the work performed, as well as the limits of liability of the insurer.
The insurance contract is concluded for the entire scope of work under the contract, and the insurance premium is paid simultaneously with the act of opening the facility. If the work is performed for more than a month, the contractor may be given the opportunity to pay the insurance premium in installments. The amount of the premium, as well as the terms and procedure for its payment are determined at the conclusion of the insurance contract. The insurers under this agreement are the contractors, and the beneficiaries are the customers under the work contract that manage the housing stock, as well as previously unidentified third parties affected by the damage caused. The beneficiary may be granted the right to apply directly to the insurer for payment of compensation within the limits of his liability.

Management company liability insurance

Insurance in the housing and communal services system is not limited to contractors' liability insurance. No less significant is the activity of another subject of this market - private management companies. Since 1997, the Government of Moscow has begun a gradual transition to the competitive selection of private companies to manage the housing stock and the licensing of this activity. The state DEZ, REU, ZhEK and DEZ are being replaced by private firms that will be legally liable for the damage they cause to the person and property of third parties, primarily to residents of the area in which they work. Therefore, when holding competitions for the best management company, standard conditions must also include requirements for the provision of financial guarantees for damages in the form of an insurance policy. In this case, the insurer will be interested in reducing the likelihood of occurrence insured event by funding preventive measures.
In the future, the role of the management company in cooperation with the insurer increases to the coordination of all insurance activities in the region (acceptance and approval targeted programs aimed at reducing the risks of life in the area). The funds raised by the insurer under these programs are also used to finance investment projects this municipal area.

Civil liability insurance for owners and tenants

Another object of insurance in the field of housing and communal services should be the civil liability of owners and owners (tenants) of residential and non-residential premises. Recently, as a result of privatization, the city has a large number of new home owners. At the same time, the amount of damage caused during repair and re-planning work in privatized and acquired new apartments has also increased. The installation of new plumbing equipment, the transfer of internal partitions and the demolition of ventilation ducts often lead to significant losses for the owners of neighboring apartments and their supply lawsuits. The same applies to tenants of non-residential premises located on the first floors of residential buildings and in separately located buildings of the municipal fund.
Illiterate operation of electrical and engineering networks, violation of fire safety rules lead to fires and other tragic consequences. Liability insurance for tenants as an indispensable condition in the lease agreement would increase their responsibility for the operation of the premises, and would also allow the restoration of damaged facilities without attracting additional funds from the city budget.
The area of ​​application of insurance protection, which is not directly related to the housing sector, but is in direct interaction with it and is part of the infrastructure of the district, has become the operation petrol stations and garage complexes in the area. In this case, objects of municipal property, as well as life, health and property of citizens, may be significantly damaged. As places of increased danger, gas stations and garages require special operating discipline. And although there are various standards and rules, fires and explosions still occur there due to elementary negligence and neglect of these rules, leading to significant material losses and even, unfortunately, death of people.
Civil liability insurance for owners of gas stations and garage complexes when concluding lease agreements land plot will help to solve this problem at the level of the municipal district.

Mortgage insurance

Mortgage, as one of the few housing purchase systems available today, has a number of characteristic risks, which mortgage insurance is designed to reduce.
First of all, this is an insurance policy for a mortgaged property. This policy protects the interests of both the lender and the borrower and guarantees for one of them a stable amount of security, and for the other - the absence of burdensome costs for the restoration of the collateral or the need for additional guarantees for the received loan.
Equally important is the insurance of civil liability of the borrower to third parties for damage caused to their property interests. Practice shows that the onset of liability to third parties leads not only to financial losses of the loan recipient, but also to serious complications for the bank due to the inability of the borrower to fulfill obligations under the loan agreement.
The life and health insurance contract of the mortgagor is also important for the efficiency of the system. Credit funds issued by the bank are compensated from the security of the insured under this agreement in the event of the borrower's disability and from part of the funds received by relatives after his death. The loss guaranteed income may be related to other circumstances, such as dismissal. This problem is also solved by purchasing the appropriate insurance product.
Of particular interest to creditors is also the insurance of losses associated with the failure of the borrower to fulfill its payment obligations.
Listed insurance products do not exhaust the whole variety of forms of application of insurance in the field of housing and communal services, confirming the need for its wider implementation.

A.K. KRUGLOV, Head of the Insurance Department of CJSC RUKSO

The current civil legislation provides that the persons who caused the harm are obliged to compensate it in full, a significant part of the losses caused during the construction and operation of housing is not compensated by the persons responsible for it. This is due both to the lack of financial opportunities for the perpetrators of harm to compensate for it, and to gaps in the legislation, with the imperfection of the judicial and executive systems.

More than half of the design and survey work and more than 80% of the construction work in the country are carried out by private construction organizations, the vast majority of which are relatively small, with up to a hundred employees. However, in line with the changes made to the federal law"On Licensing Certain Types of Activities", from January 1, 2010, the licensing system for organizations engaged in engineering surveys, design and construction is cancelled. This, along with other factors, increases the likelihood of various adverse situations during construction, leading to damage, and also makes it more problematic for the causers to compensate for them.

In cases where losses are inflicted by management organizations and other persons providing services or working in the housing and communal services sector, the tortfeasors are often unable to compensate for it due to their financial position. Thus, according to available estimates, about 2/3 of enterprises in the housing and communal services sector are on the verge of bankruptcy, about 60% are unprofitable. At the same time, the situation is complicated by the fact that the processes of denationalization in the housing and communal sector are accelerating in the country and the share of private enterprises providing relevant services is becoming predominant.

Finally, it is quite obvious that in cases where the perpetrators of harm are individuals (for example, homeowners), then their material capabilities are also often incomparable with the magnitude of this harm.

In such a situation, the burden of dealing with the consequences of residential accidents often falls directly on the persons who suffered damage, and, in particular, on the owners of residential premises. At the same time, such incidents can lead to the most serious consequences: to the death of people or causing them serious bodily harm; to the destruction of buildings and to the destruction of other property; to the recognition of residential premises unsuitable for further residence; causing significant damage to premises and other property, etc. In these cases, the financial burden of eliminating the consequences of harm for the victims, especially if they are individuals, may be unbearable for them. Victims find themselves in a particularly difficult situation when the consequences of the incident are the impossibility of further living in a residential building or the need to bear large expenses for the restoration of housing or common property. The reason for this is that the level of income of the vast majority of owners of residential premises - individuals does not currently allow them not only to acquire new housing to replace the lost one, but also to pay the costs associated with the restoration of both their homes and common property in apartment building.

Significant financial losses in such a situation are also borne by the state and municipalities. This is primarily due to the fact that a significant part of the housing stock is owned by the Russian Federation, its subjects and municipalities, and therefore they, like other owners, bear the risks of accidental loss and damage to their property.

In addition, often budget resources are allocated for the restoration of common property in those apartment buildings in which the owners of residential premises are citizens, as well as for solving the housing problems of citizens who have lost their housing. The legal basis for this is Article 61 Urban Planning Code Russian Federation, according to which, when carrying out urban planning activities or operating facilities capital construction in case of harm to life, health or property of individuals due to emergencies of a natural and man-made nature, state authorities of the Russian Federation and its constituent entities, as well as local governments, may decide to compensate certain categories of individuals for the harm caused to them.

In addition, in accordance with Article 60 of the Town Planning Code of the Russian Federation Russian Federation or its subject bear subsidiary liability jointly and severally with self-regulatory organizations in the field engineering surveys, design, construction, if the tortfeasor refused to compensate for it, and the harm was caused as a result of:

• a) non-compliance of these engineering surveys with the requirements of technical regulations, despite the fact that there is a positive conclusion of the state examination;
• b) non-compliance of the project documentation with the requirements of technical regulations and (or) the results of engineering surveys, despite the fact that there is a positive conclusion of the state examination of the project documentation;
• c) non-compliance of the constructed, reconstructed, repaired capital construction facility and (or) work performed in the process of construction, reconstruction, overhaul of the capital construction facility with the requirements of technical regulations and (or) project documentation, despite the fact that there is a positive conclusion of the state construction supervision body .

All this leads to unforeseen budget expenditures.

Finally, serious problems also arise for design, construction, managers and other organizations that carry out work and provide services in the housing sector, as well as for owners of premises responsible for causing harm to others. The need for redress can undermine their financial well-being.

In connection with the foregoing, it seems relevant to develop mechanisms for providing guarantees for compensation for harm caused to persons as a result and in the process of performing engineering surveys, architectural and construction design, construction, reconstruction, overhaul and operation of housing. One of the most important elements of such a mechanism, in our opinion, may be the conclusion of civil liability insurance contracts for persons obliged to compensate for the harm caused.

The possibility of concluding insurance contracts against risks arising from the implementation of construction activities is provided for by Article 742 of the Civil Code of the Russian Federation. In accordance with this provision, the contract building contract may provide for the obligation of the party, which bears the risk of accidental loss or accidental damage to the construction object, materials, equipment and other property used in construction, or liability for causing harm to other persons during construction, to insure the corresponding risks.

Article 55.5 of the Town Planning Code of the Russian Federation states that the rules for the activities of its members, developed by a self-regulatory organization in the field of engineering surveys, design, construction, may establish requirements for their civil liability insurance, which may occur in the event of harm caused due to shortcomings in the work that affect on the safety of capital construction projects.

However, in practice, insurance as a mechanism for protecting against risks arising in the construction and operation of housing is still poorly used in our country. According to available estimates, no more than 20% of construction projects are covered by insurance contracts. installation work, and insurance of civil liability in the field of maintenance and operation of housing is carried out on an experimental basis in an extremely limited amount only in certain regions of the country (in particular, in Moscow). But even actually concluded insurance contracts cover only a part of those risks that can be insured. This is due to the lack of a clear legal framework, traditions, doubts about the effectiveness of the insurance mechanism, distrust of insurance organizations.

At the same time, the creation of a civil liability insurance system in the construction and operation of housing should contribute to effective solution problems of compensation for losses caused by harm to citizens and legal entities random events during engineering surveys, design, construction, installation work, as well as the operation of residential premises. The development and practical implementation of the insurance system, in particular, should allow:

to form a market, legal mechanism for compensation for losses caused to investors and construction customers, owners of premises and other persons by random unforeseen events related to the construction, maintenance, operation and use of housing;

provide citizens with sources of funds to cover the costs of acquiring other housing to replace the lost or not received, restoring damaged residential premises and common property in apartment buildings;

exempt design and survey, construction, operational and other organizations, as well as owners of premises that carry out their reorganization or redevelopment, from the costs of compensating for harm caused to other persons in connection with the performance of relevant work or the provision of services;

cut budget spending caused by the need to restore the state and municipal housing stock, finance the costs of restoring common property in apartment buildings, solve the housing problems of citizens who have lost their housing, and compensate for other losses;

use economic methods to increase the interest of contractors and management companies in preventing harm to others in the course of performing work and providing services related to the construction, repair, management and maintenance of residential buildings;

create an independent system for monitoring the quality of design and survey, construction and installation work, maintenance and repair of the housing stock;

form a system of objective investigation of the circumstances of incidents in the housing sector, identify the perpetrators of harm, and assess the amount of damage.

Types of civil liability insurance for damage caused in the construction and operation of housing can be:

insurance of civil liability of builders, survey engineers, architects, designers, persons engaged in construction, reconstruction, overhaul capital construction objects;

insurance of civil liability for causing harm in the course of activities for the management of apartment buildings;

insurance of civil liability for causing harm during the provision of services for the maintenance of houses and repairs in them;

insurance of civil liability for causing harm during the period and (or) as a result of work on the redevelopment or reconstruction of residential premises or on the reconstruction or reconstruction of common property in apartment buildings;

civil liability insurance for homeowners.

The conclusion of civil liability insurance contracts for builders, engineers, prospectors, architects, designers, persons engaged in construction, reconstruction, overhaul of capital construction facilities should be a necessary condition for the issuance of permits for the construction and commissioning of residential buildings by authorized bodies. In our opinion, the requirements for the conclusion of contracts for this insurance should be presented in relation to each construction, reconstruction and capital construction project, the design documentation and the results of engineering surveys for which are subject to state expertise or are standard project documentation or its modification.

The insurers can be both developers (they can insure both their own liability and the liability of other participants in the construction process), and persons engaged by developers to perform engineering surveys, architectural and construction design, construction and installation works, each of which can insure its liability.

The contracts shall enter into force from the commencement of the relevant work and end upon the expiration of the liability of the persons who performed the work. In a number foreign countries the term of such liability is 10 years, which seems to be optimal, since residential buildings are objects intended for operation for a long time. However, taking into account the lack of experience in conducting this insurance in our country, at the first stage of its implementation, the period of liability of contractors can be reduced. In this case, one could be guided by the norm of Article 756 of the Civil Code of the Russian Federation, in accordance with which the deadline for detecting inadequate quality of construction work is 5 years from the date of issuance of a permit to put the facility into operation.

Civil liability insurance for causing harm in the course of managing multi-apartment buildings should provide for the obligations of insurers to compensate the owners of premises and other persons for losses caused by the activities of persons managing multi-apartment buildings. The mechanism for conducting this insurance should depend on the form of management residential building. In accordance with Part 2 of Article 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the following three ways to manage an apartment building:

direct management of the owners of the premises;

management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;

through managing organization.

Civil liability insurance can be carried out in cases where the last two methods are chosen for managing an apartment building.

When managing an apartment building by an association of homeowners, the right to decide on the conclusion of this insurance contract must be granted to the association itself.

If management is carried out by a managing organization, it is obliged to have, during the entire period of this activity, a civil liability insurance contract concluded on conditions that meet the requirements provided for by law.

At the same time, in cases where the choice of the managing organization is carried out on the basis of the results of a tender held by state authorities or local self-government bodies, control over the conclusion by the managing organization of an insurance contract for its civil liability must be carried out by the body conducting such a tender. For these purposes, the list of tender documentation approved by the organizer of the tender for the selection of a managing organization for the management of an apartment building must include a requirement that a valid contract of such insurance be available for the term of managing an apartment building.

If the managing organization is chosen on the basis of the decision of the owners of premises in an apartment building, control over the presence of a civil liability insurance contract in it must be carried out by the party concluding the contract with the managing organization. In this capacity, the owners of premises in an apartment building, the management body of a homeowners association, the management body of a housing cooperative or the management body of another specialized consumer cooperative can act.

Civil liability insurance for damage caused during the provision of services for the maintenance of houses and the performance of repair work in them should provide for the obligations of insurers to compensate the owners of premises and other persons for losses caused by insurers (other persons whose liability is insured) caused by activities related to the maintenance and repair of facilities common property in apartment buildings, as well as with the implementation of other work or the provision of other services in the house. Insurers in this insurance may be contractors providing relevant services or performing relevant work. At the same time, as well as when carrying out insurance of civil liability for causing harm in the course of activities for the management of apartment buildings, the possible mechanism of its action will be determined by the form of management of a residential building.

In cases where home maintenance and repair services are provided by homeowners associations, the issue of insurance should be decided at their discretion on a voluntary basis.

If such services are provided by a management organization, then it must insure its civil liability for harm in the course of such activities, along with liability insurance related to the provision of services in the management of an apartment building.

If the managing organization engages another person to provide these services and (or) perform work, then the contract concluded with him must contain a requirement for him to insure the civil liability of this person on the conditions provided for by law. At the same time, the contract of such insurance must be submitted to the managing organization before the commencement of work.

Finally, in the case of direct management of an apartment building by the owners of the premises, the latter should have the right, on the basis of a decision general meeting owners to indicate the requirement for contractors to insure their civil liability in contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in an apartment building.

Civil liability insurance for damage caused during and (or) as a result of work on the reconstruction and (or) redevelopment of premises or on the reconstruction or reconstruction of common property in an apartment building provides for the obligations of insurers to compensate for harm caused to third parties in connection with the reconstruction work , redevelopment of premises or reorganization, reconstruction of common property in an apartment building.

The need for this insurance is caused by the fact that the implementation of work on the reorganization, redevelopment, reconstruction of premises often leads to harm to the owners of other premises in this house, as well as to damage and destruction of common property in it. At the same time, the resulting losses are not always compensated by the persons responsible for them. The availability of civil liability insurance contracts for persons carrying out works on reorganization, redevelopment, reconstruction, related to their implementation, will enable the victims to receive the amounts due to them in the order of compensation for the harm caused by these works, and the harm tortfeasors - to be released from the obligation to compensate it.

Therefore, in our opinion, it is advisable to establish that one of the conditions for obtaining permission to carry out work on the reconstruction and (or) redevelopment of residential premises should be the conclusion of an insurance contract for civil liability of the owner or tenant of this residential premises for causing harm to third parties during or as a result of work. To control the execution of such insurance contracts, along with other documents, an insurance contract concluded on conditions, the main provisions of which should be specified in the legislation, must be submitted to the body that coordinates the work on the reconstruction and redevelopment of residential premises.

Civil liability insurance of homeowners provides for the obligation of insurers to compensate for damage caused to third parties as a result of the operation of housing owned by insurers. In our opinion, the establishment of an obligation for all homeowners to conclude such insurance contracts is currently inappropriate, since this would increase the costs of citizens associated with the maintenance of their housing. At the same time, it would be possible to introduce requirements for the need for such insurance in individual cases when the premises are burdened with additional obligations (for example, when renting out housing, being on bail, etc.).