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416 Decree of the Government of the Russian Federation with the latest changes. Standards and rules for the implementation of activities for the management of MKD. Changes in the rules for managing apartment buildings

The MKD management rules are a set of mandatory requirements for companies that ensure the operation of the building. This regulation prescribes the procedure for interacting with residents, as well as the powers of the organization that manages the apartment building. In addition, the rules for the management of MKD establish the norms and procedures for handling documentation, provide for the procedure for transferring powers to other MAs, and describe the responsibilities of various services.

What regulates the rules for managing MKD

The name of this instruction is often written with a number at the end - 416 (MKD Management Rules 416), which indicates the regulatory document - Decree of the Government of the Russian Federation of May 15, 2013 No. 416.

The main purpose of this regulation is to clarify the interaction between owners and MAs, develop a set of rules and methods for monitoring their compliance. This allows you to significantly simplify the management of MKD, reducing it to the consistent implementation of the established routine.

First of all, this regulation describes the main terms, explaining, for example, what is meant by the management of MKD. Then the standards in force in this area are listed. The following are the functions that a company operating and maintaining a home should perform.

According to the rules for managing MKD, the MA must coordinate all its steps with the owners and perform all actions only with their approval. This includes the conclusion of contracts with companies that provide resources, and the procedure for calculating utility bills, and much more.

The MKD management rules also describe exactly how the business organization should draw up a list of future maintenance work for the house and its property. In addition, this regulation obliges the MA to conduct emergency dispatch activities. But here the rules stipulate that the company can decide whether to perform this work on its own, or take only leadership of it, assigning the main duties to a hired contractor.

The Rules for the Management of MKD dwell in detail on the issues of maintaining technical documents related to the building. The norms, rules and procedures for the execution, maintenance, delivery and storage of these papers are prescribed in detail.

Do licenses require the rules for conducting business activities for the management of MKD

According to the rules of management of MKD, management in apartment buildings should be entrusted only to an organization that has a license for this type of activity. Such permission can only be issued by the relevant state structures, which issue a resolution on the basis of the results obtained by the commission. Attracting other organizations to the management is strictly prohibited by law.

It is important to understand what exactly the rules call MKD management activities. These are any services and works that are carried out on the basis of a contract for the maintenance of MKD. That is, the presence of such a document is in this case the main determining criterion.

If any organization wishes to take over the management of the MKD, without violating the rules, then it will be necessary to go through the procedure for obtaining permission. To do this, it will be necessary to carry out licensing control, after which the issuance of the corresponding document will follow.

Based on the MKD management rules, it is clear that the license has no validity period and can be canceled only in case of violations. But it should be borne in mind that, according to existing norms, a permit to manage an MKD applies only to the territory of the subject whose authorities issued it, that is, it has local significance. To obtain a license in another region, you will need to pass a new check.

The MKD management rules emphasize that economic activity can only be carried out by the person to whom the license has been issued. Its transfer, including by proxy, is impossible and is an illegal procedure.

If someone is convicted of operating an MKD without a license, then this will be a direct violation of the rules, which threatens with a fine or other penalties. They will be discussed in detail in the last section of the article.

Rules for the implementation of activities for the management of MKD in accordance with national standards

National standards and rules for the management of MKD complement each other. Their complex action allows you to work out in detail the relationship between organizations that manage MKD and owners who need such services. MKD management rules and national standards allow owners of premises in an apartment building to avoid cooperation with unreliable performers who do not have the necessary qualifications and experience.

The strict conditions of the existing standards of various levels are a guarantee of the safety and tranquility of the residents. In this regard, any prescriptions of rules and other legislative acts are appropriate, starting from the criteria for selecting performers and ending with the requirements for maintaining documents.

It should be noted separately that the established regulations are designed to protect owners from unscrupulous performers, because many residents do not know their rights and obligations. For example, it is quite common for owners to show no interest in what kind of service the organization that manages the house provides them. Usually this leads to the fact that the performer saves significantly on services, relinquishing those works and responsibilities that are actually very much in demand in these circumstances. In other words, the rules for the management of MKD establish the basis that the MA must comply with. This does not solve all the problems of the owners, because each case is individual, but somewhat protects their rights.

Approximately the same is done by national standards in the field of MKD management, when they establish the conditions for a clear order for the services of the relevant organizations.

A timely appeal to such standards enables the owners to determine the functions that need to be assigned to the managing organization, as well as to outline the rules and principles for future cooperation with it.

Standards and rules for the implementation of activities for the management of MKD

Standard 1. Reception, storage and transfer of technical documentation on the MKD and related papers, which are indicated in the rules for the implementation of activities for the management of MKD 416. In addition, the procedure for actions is outlined if this documentation was lost for any reason.

Standard 2. Collection, correction and storage of information about persons owning premises in the building or renting them. In addition, the MKD management rules provide for the accumulation of information about those who use the common property of the house on the basis of permit agreements. It can be shops, various salons and other establishments. Documentation in this case means not only papers, but also electronic documents that meet the rules established by applicable law.

Standard 3. Preparation of proposals for the repair and maintenance of MKD for OSSZH. Among other things, this may be:

  • creating a list of those works that, as a rule, are required to service the MKD in a certain period. Often engaged in annual planning at once;
  • drawing up a detailed estimate with calculations for those works that are supposed to be done as part of the management and maintenance of MKD in a given period. As a rule, it is required to indicate which prices are current at the moment in order to demonstrate why such an amount is needed;
  • formation of proposals for repair work, as well as procedures that will reduce the cost of various resources (electricity, heat, water, etc.);
  • demonstration to the owners of samples of documentation that will establish the rules for the management, use and maintenance of MKD property. It is envisaged that any provisions can be challenged and revised if the tenants are unhappy with them;
  • formation of proposals to temporarily transfer any objects owned by MKD to third parties for a certain fee. Of course, this action should not contradict the norms and rules of existing legislation, as well as interfere with the maintenance of the house and the peace of the residents.

Standard 4. Solving organizational issues in the management of MKD regardless of who is in charge. The rules in this case indicate that special attention should be paid to the following procedures by a business organization or partnership:

  • notify the owners that a meeting of the MKD on any issue will be held on a certain date;
  • to facilitate the familiarization of residents of MKDs and members of the HOA with those aspects of management that need to be considered at the OSSZH. If there is any documentation, then it should usually also be presented to them;
  • ensure that by the time of the meeting there is all the necessary documentation in order to register its participants;
  • make sure that the premises for the OSSZH are ready and meet all the needs of the planned event;
  • document the conclusions and decisions that were made as a result of the OSJ;
  • if not all owners or members of the HOA were present at the HOA, it is necessary, according to the rules, to bring to their attention the conclusions and decisions that were reached during the meeting.

Standard 5. Organization of works and services provided for by the rules approved at the meeting of MKD owners. Among other things, this list includes the following items.

  • The choice of a method for carrying out certain works and services for the management of MKD.
  • Formation of tasks to be carried out by the organization leading the house.
  • Direct selection of the management company. It can be carried out according to criteria that are important for residents, according to their own rules. Usually the most important role is played by how profitable (that is, economical) cooperation is.
  • Signing contracts for the provision of services for the management of MKD. As a rule, this includes maintenance and repair.
  • Signing contracts for the supply of utilities to residents of MKD.
  • Conclusion of contracts for the provision of energy supply services, which include: water supply, heat supply, electricity supply, gas supply, etc. Usually, these contracts include not only information on the supply of a resource, but also provide for repair and other maintenance work, based on the rules of the current legislation regarding the management of engineering systems.
  • Signing contracts for the provision of other services. Most often this is the initiative of the residents. This includes not so much maintenance and management of the MKD as security measures. For example, installation of an intercom, video surveillance, etc.
  • Controlling how well and in what volume all services for which contracts have been concluded are provided. In case of violations, they must be documented (that is, for example, photographed and certified by a notary).
  • Carrying out litigation in situations where the service provided within the framework of the MKD management is not provided in full or in inadequate quality. At the same time, it should be borne in mind that the norms and rules for the provision of these services are fixed by existing contracts.

Standard 6. Interaction with municipal and state authorities in those matters that are directly related to the management of MKD.

Standard 7. Making payments for works and services, provided on the basis of the rules for managing MKD, the list of which usually includes:

  • the formation of the amount necessary to ensure that the building is maintained in a good, usable condition. This includes the financing of repairs, and payment of utilities, and other related costs. It is important that this list does not contradict the norms and rules established by current legislation;
  • registration of receipts and delivery to their owners and tenants of premises in the MKD;
  • independent settlement with resource-supplying organizations;
  • taking measures, for example, in the format of litigation with non-paying tenants who do not comply with the rules for interaction between the management company and the owners.

Standard 8. Monitoring the implementation of decisions of the meeting. It is necessary to organize the most effective management of MKD on the basis of existing rules and ensure the implementation of important regulations. Methods include the following:

  • allocation of premises for owners in MKD in the amount and quantity that are provided for by the rules adopted by the general meeting and recorded in the relevant documents;
  • transparency of house management activities in accordance with the regulations established for management companies;
  • work with applications of tenants and owners, their mandatory consideration on the basis of norms, making adjustments to the approaches to managing MKD at the initiative of the owners of the premises;
  • encouragement and all assistance to owners who wish to control the quality of building maintenance by the company, for example, the results of repair work or other services provided for by the contract and the MKD management rules.

What are the rules for managing MKD for the maintenance and repair of common property

According to the rules for managing the MKD, a list of those works and services that will be provided as part of the activities of the MA must be formed and approved at the OSSZH. Depending on the form of management, regulatory principles place this responsibility on other ways of making a decision, for example, one of the owners can do this if a choice is made in favor of self-maintenance of MKD by residents.

According to the MKD management rules, the need for future work or services must be confirmed. To do this, you can use several methods. As a rule, various documents on the state of the house and other evidence are used. All malfunctions must be recorded and confirmed, if necessary, even by a special commission.

The MKD management rules do not regulate the list of these works and services, but provide for a minimum list that can be expanded at the discretion of the owners.

The following requirements apply to the selected items: they must contain the time required for the implementation of work in the MKD, the schedule for their implementation, the required financial resources and the volume of tasks with their description.

What do the rules for managing the MKD for emergency dispatch services include

The rules for managing MKD do not bypass emergency dispatch services. It should be noted, however, that the standards do not make exceptions or distinctions based on who is in charge of the house. In other words, the rules are the same for everyone, and the management company or the owners themselves do not play a significant role.

Prescriptive norms refer all differences to the practical side of the issue. Thus, the rules establish that if the management of MKD is carried out by the owners themselves, then emergency dispatch services should be provided by those enterprises that perform work on the repair and operation of engineering systems. It is envisaged that these can be not only individual organizations, but also other persons. The choice remains with the owners, and the regulatory documents do not establish any strict requirements in this regard. Nevertheless, residents should not forget that such work must be trusted to specialists.

Although the MKD management rules do not directly mention this, it should be remembered that the emergency dispatch service must be provided in the complex by the same persons who are engaged in operation and repair. It is they who know all the features of the installed engineering systems, and therefore are able to act as efficiently as possible in the event of an accident. The involvement of third parties can lead to undesirable consequences and is permissible only as a last resort, when emergency services are not provided for some reason.

The emergency dispatch service, based on the rules, is engaged in the fact that it regularly monitors the state of engineering systems in the MKD. In addition, the regulation requires this unit to comply with the requests of tenants, tenants and owners in case they report a malfunction. Also, the MKD management rules separately stipulate that the duties of the emergency dispatch service are somewhat broader and provide for all kinds of measures to create a safe environment for people in the building and their property.

The dispatching system of the emergency dispatch service provides:

1) tracking the gas level of collectors and technical subfields;

2) the work of audio communication with people in elevators, residents, workers and other persons in the premises of an apartment building.

According to the MKD management rules, the emergency dispatch service must work without interruption, both day and night. Its function is not only to respond quickly to the occurrence of malfunctions, but also to constantly monitor various indicators, information about which is mandatory entered in special logs.

The emergency dispatch service should provide:

  • prompt elimination of objects that have formed a blockage in water pipes or garbage chutes of MKD;
  • repair of electrical, heating and water supply systems of an apartment building in case of an accident.

The emergency dispatch service is obliged, upon receipt of a malfunction signal, to immediately notify the organization that is engaged in supplying the house with the corresponding resource about it. The MKD management rules require this unit to take corrective action even before the arrival of the supplier's specialists. In some cases, it is permissible that the emergency dispatch service can independently carry out repairs, if it is within its power. In addition, sometimes there are special legislative regulations, according to which this unit must control the elimination of breakdowns by resource supply organizations.

According to the management rules of the MKD, the MA should submit to the emergency dispatch service all the documentation that describes the features of the laying and functioning of communications in this apartment building. Refusal to provide such information is a gross violation, since it can lead to serious consequences.

The MKD management rules require the MA to grant access to the emergency dispatch service to any premises other than those that are privately owned. This is especially true for objects related to engineering communications, but is not limited to them.

The duties of the emergency dispatch service include accepting applications from owners, residents and tenants of premises in the MKD. The means of their transmission, in addition to direct circulation, can be intercoms, telephones and other communication devices.

The MKD management rules provide that, in order to track and not lose applications, it is necessary to maintain an appropriate log. It may exist in a paper version, but other electronic versions are not excluded, if necessary.

How to manage the MKDprovide for the transfer of technical documentation

Stage 1. The MKD management rules stipulate that if at the general meeting of owners it was decided that it was necessary to change the way the house was serviced, then the following steps were required. First of all, you need to notify the organization that previously managed the MKD. This is done within 5 days (excluding weekends).

Also, the current regulation requires that the local housing supervision authority be notified of the changes by sending a copy of the decision made there.

In order for the whole procedure to comply with the rules for managing MKD, comprehensive information about the former and new economic body should be included in the documents.

Stage 2. The next step is the transfer of authority. The organization that previously managed the MKD is obliged to collect the entire package of documents related to this apartment building. This information is provided to the new company. In order for the whole procedure to be carried out in accordance with the rules, an act of acceptance and transfer is required.

It should be noted that there will be no problems with compiling a list of these documents. All of them are already given in the rules for managing MKD, that is, they are enshrined at the legislative level. At the same time, the regulations require that the documents contain all the technical and other information that is relevant at the time of their transfer between business organizations.

The MKD management rules do not exclude the situation when some of the documents are missing or contain outdated information. In such cases, it is required that the former managing organization independently take all necessary measures to restore or create the required documentation. And after everything you need is collected, an act of acceptance and transfer is also drawn up.

It should be noted that if the former managing organization did not comply with the requirements of the MKD management rules within the specified time frame, then this can be regarded as a violation of them, which will lead to appropriate measures. These can be fines, revocation of a license, disqualification for up to three years, and so on, depending on the rules and regulations of the current legislation at that time, the degree of guilt and the significance of the lost documents.

Stage 3. The final stage of the transfer of authority to manage an apartment building is the conclusion of an act of acceptance and transfer.

The MKD management rules indicate that a new organization that has assumed the functions of managing an apartment building is required to notify that it has received the necessary documentation. It is sent to the body managing the MKD. When issuing this notice, the following information should be entered: indicate the date and place where all the necessary documentation was received.

The MKD management rules provide that at the time of the transfer of documentation, disputes may arise. For example, the reason for disagreement is often different views on the composition of the documentation for the MKD, or some other important papers. To resolve this issue, it is always worth referring to the guidelines, but if the point of contention is not spelled out in them or one of the parties persists in its requirements, then it is best to describe the essence of the disagreement in the act of acceptance and transfer itself. After this is done, the already higher supervising body will understand the situation, based on the rules for managing MKD, the Housing Code and other norms and standards established by law.

MKD management rules and responsibility for their violation

The first part of Article 7.23.3 of the Code of Administrative Offenses of the Russian Federation establishes liability for violation of the rules for managing MKD for various performers, ranging from officials to legal entities. In this case, the existence of a contract for the provision of services for the management of an apartment building serves as the basis for an admission of guilt. So, here is what threatens those who violate the law:

  • officials can pay an amount from fifty to one hundred thousand rubles, or be suspended from work for up to three years;
  • legal entities are fined in the amount of one hundred and fifty to two hundred and fifty thousand rubles.

The second part of the same article also establishes liability for violation of the rules for managing MKD. But in this case, situations are considered when the license to manage the house has expired, or it was canceled ahead of schedule as a result of some conditions. In these circumstances, liability for violation of the MKD management rules will be as follows:

  • officials can pay an amount from one hundred to two hundred thousand rubles, or be suspended from work for up to three years;
  • individual entrepreneurs may be fined in the amount of one hundred and fifty to five hundred thousand rubles, or be suspended from work for up to three years;
  • legal entities can pay an amount from one hundred and fifty to five hundred thousand rubles.

You should also pay attention to the following nuance. The rules for managing MKD in this case consider administrative violations of individual entrepreneurs as non-compliance with the law by legal entities, establishing the same degree of administrative responsibility for them.

At the end of March, the Government of the Russian Federation adopted a resolution amending several regulations at once, including Decree 416 - the rules for carrying out activities for the management of MKD. We tell you exactly what the Decree No. 331 of March 27, 2018 changed.

The full list of amended legal acts is large, you can read it at the link: Full text of RF PP 331

We will only touch on the most important changes. What does Ordinance 416 look like with the latest 2018 changes on utilities?

Information disclosure

New rules regarding the disclosure of information by managing organizations, whether it be MCs, HOAs or cooperatives, follow the progress. Now you do not need to disclose information about yourself through publication in the media, place it on racks and keep it for five years. It is enough to place it on your official website. The obligation to provide information remains - it remains in Decree 416 of May 15, 2013, as amended on March 27, 2018.

New requirement- inspections of common property. They may be:

  • current - the frequency is determined by the technical documentation;
  • seasonal - twice a year, in spring and autumn;
  • extraordinary - within a day after accidents, fires, disasters.

new document- Inspection log. It should contain data on the technical condition of the common property, identified during the inspections of shortcomings. The magazine is included in the list of technical documentation for the house. In the help system, our experts.

New calculations- provide the owners with an estimate and justification for the payment for the maintenance of the residential premises at least 30 days before the general meeting on this issue. Information should be posted on bulletin boards at the entrances. The increase must be justified by calculations.

In the webinar, our expert spoke about the maintenance and repair of common property:

Changes in the rules for the provision of public services

Notifications to consumers can now be sent using the GIS housing and communal services system. For example, these may be notices about restrictions on access to utilities. The same applies to notices of meetings, information about decisions taken at the meeting.

Mandatory checks on application within two hours from the moment of application - you can not comply with this period, if agreed with the applicant.

Changes in the rules for managing apartment buildings

The most significant changes have been made to the rules for the implementation of activities for the management of MKD, 416 Government Decree. Some of them take effect immediately, and some come into force on March 01, 2019.

Gone was the mysterious requirement for emergency dispatchers to provide some kind of loud-speaking communication with janitors and homeowners. There remains a requirement for such a connection in elevators.

A new concept is the "office of the managing organization", which was not in the RF PP 416. This is a room where owners and users of premises can contact with questions or problems related to the management of an apartment building.

Accordingly, the managing organization must provide them with such an opportunity by holding a reception at least once a month, by appointment - that is, the time of such a reception is determined by the managing organization.

Information about such entries, dates and the result of the reception should be stored in the personal reception log, copies of the entry from which are transmitted to those who apply.

In comparison with Decree 416, the rules for disclosing information to the managing organization have become tougher, and the volume of mandatory information has increased.

On the sign at the entrance to the representative office of the managing organization there should be the following information:

  • Name;
  • the address;
  • contacts: telephone and e-mail;
  • operating mode.

On bulletin boards at the entrances:

  • Name;
  • license information;
  • address and working hours of the representative office;
  • days and hours of admission;
  • site address of the managing organization and GIS housing and communal services;
  • phone numbers of the MA, emergency dispatch service and other emergency services;
  • notifications of upcoming work, inspections, etc.;
  • notices of changes in the amount of utility bills.

At information boards in the representative office of the managing organization, in addition to this information, there should be step-by-step instructions on how to install an individual meter, information on the timing of making meter readings, on utility bills, consumption standards and other information.

A complete list of requirements for disclosure of information, both for managing organizations and HOAs, is available inDecree 331.

The requirements for the storage medium have changed: it is no longer subject to storage if the information is no longer relevant - that is, it can be deleted. But information about appeals and responses still needs to be stored for three years, as was the case in Decree 416 of the Government of the Russian Federation.

New deadlines for responses to inquiries have been set:

  • for information subject to disclosure: one day;
  • on the accounting of communal resources: three days;
  • an act of causing harm or violation of the provision of public services: three days;
  • appeals on other issues: ten working days for appeals from owners and users of premises and 30 days for all others.

The following changes are effective March 1, 2019. All of them concern emergency dispatch service.

The name itself is changing: emergency dispatch service has been replaced by emergency dispatch service. The management company, HOA or cooperative are obliged to create their own service or conclude agreements with special organizations.

Expanded service responsibilities. Now they include:

  • current control over the operation of engineering systems;
  • quality control of communal resources at the border of intra-house and centralized networks;
  • round-the-clock registration of requests from owners regarding the maintenance of property, the provision of utilities and repair work, and control of deadlines for requests;
  • registration and control of troubleshooting;
  • operational measures in the event of a threat or emergency.

Many of the duties of the service are now regulated by time.

The response time to a call to the emergency dispatch service is clearly defined. Now be sure to answer the call within 5 minutes. If you didn’t get an answer, you need to call back or listen to a voice message within 10 minutes. 10 minutes are also allotted for familiarization with the electronic appeal.

A new requirement is that all calls with appeals must not only be noted in the log, but also a recording of a telephone conversation is needed. The applicant must be informed of the registration number of the application.

Half an hour is allotted for the localization of accidents in the systems of water disposal, heating, cold and hot water supply and electricity. Time is counted from the moment of registration of the application.

No more than three days are given to eliminate such accidental damage.

Two hours are given to eliminate blockages in the drainage system.

To eliminate blockages in the garbage chute - two hours from the moment of registration of the application.

After registration of the application, the applicant must be informed about the specific planned dates within half an hour from the moment of application and registration of the application.

In addition, the emergency dispatch service must inform the local authorities about the nature of the accident and the timing of its elimination.

The service should deal with the elimination of minor malfunctions and damage around the clock, coordinating with the owners the terms and the list of works.

When executing applications, each of the employees of the emergency dispatch service must have with them:

  • service certificate;
  • identification mark - patch or badge - indicating the name of the organization, profession and full name;
  • disposable shoe covers (!)

Quality control of the execution of applications and control of deadlines is carried out by the emergency dispatch service with the help of photographic fixation and surveys of owners. Information about this is entered in the register of applications or in the GIS housing and communal services.

Before sending an electronic application to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.

1. Electronic applications in the field of competence of the Ministry of Construction of Russia filled in in accordance with the attached form are accepted for consideration.

2. An electronic appeal may contain a statement, complaint, proposal or request.

3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry provides an objective, comprehensive and timely consideration of applications. Consideration of electronic appeals is free of charge.

4. In accordance with the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering applications from citizens of the Russian Federation", electronic applications are registered within three days and sent, depending on the content, to the structural divisions of the Ministry. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues, the solution of which is not within the competence of the Ministry of Construction of Russia, is sent within seven days from the date of registration to the appropriate body or the appropriate official, whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.

5. An electronic appeal is not considered when:
- the absence of the name and surname of the applicant;
- indication of an incomplete or inaccurate postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- using a non-Cyrillic keyboard layout or only capital letters when typing;
- the absence of punctuation marks in the text, the presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already received a written answer on the merits in connection with previously sent appeals.

6. The response to the applicant of the appeal is sent to the postal address specified when filling out the form.

7. When considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to the private life of a citizen, without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements of Russian legislation on personal data.

8. Appeals received through the site are summarized and submitted to the leadership of the Ministry for information. The answers to the most frequently asked questions are periodically published in the sections "for residents" and "for specialists"

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