Makeup 

The composition of the licensing commission for the management of apartment buildings. Licensing of activities for the management of apartment buildings (MKD). Licensing requirements for candidates

Management of apartment buildings, until recently, was not an activity subject to mandatory licensing. However, in 2014, paragraph 51 was added to the special list of Federal Law No. 99-FZ, obliging entrepreneurs and legal entities to obtain permits for the management of apartment buildings.

Under the management of an apartment building is meant a set of works carried out under a specific contract, which looks like in the following way:

  • unscheduled, ongoing home repairs;
  • cleaning, landscaping;
  • providing utility services and accepting payments;
  • elimination of accidents;
  • passport office services, documentation.

The management of an apartment building can be carried out by various partnerships (homeowners, property owners) and cooperatives. In this case, no license is required.

The legislative framework

Clause 51 No. 99-FZ, relating management companies to those who are required to obtain permits, was introduced No. 255-FZ of 06/21/2014. In addition, No. 255-FZ also made changes to the Housing Code, which, after the amendments, also began to indicate the obligation to license this type of activity.

The responsibility that awaits violators of the current legislation is specified in the Code of Administrative Offenses and the Criminal Code of the Russian Federation. Together, these regulations allow the regulatory authorities to monitor the activities of the management company and improve the quality of the services they provide.

For entrepreneurs and legal entities that manage apartment buildings, there are some requirements:

  • registration on the territory of the Russian Federation;
  • officials have no previous convictions related to economic crimes, as well as crimes of a serious degree;
  • the absence of the licensee and his officials in the registers of persons with revoked licenses for the management of apartment buildings;
  • compliance with disclosure requirements;
  • having a qualification certificate.

The last item on the list implies the successful passing of the qualifying exam by the licensee. Such certificates should be held by the heads of management companies and employees who are responsible for compliance with the rules for conducting management activities.

The exam is in the form computer testing. Upon passing it, the knowledge and requirements of the legislation on the management of apartment buildings are checked. Questions have a narrow focus in the housing sector. Upon successful completion (more than 85% of correct answers), the student receives a qualification certificate for 5 years. After this period, knowledge must be re-tested. Preparation for the exam should be done independently.

It is also worth noting the general requirements for the Criminal Code for conducting activities:

  • the availability of a skilled workforce;
  • absence of violations and claims from the state housing supervision;
  • availability of the necessary material and technical base;
  • no financial problems.

One of the mandatory requirements is the registration of the managing organization as a legal entity.

Licensing of management companies is carried out by state housing supervision bodies. The procedure by which a license must be obtained is described in a special Regulation on Licensing.

First of all, it is necessary to draw up and submit an appropriate application, attaching copies of:

  • qualification certificates;
  • registration certificates;
  • order to appoint a leader;
  • receipts for payment of the state duty.

In some cases, instead of constituent documents, an appointment order and a registration certificate, it is enough to attach an extract from the Unified State Register of Legal Entities / EGRIP.

A complete package of documents can be submitted to the licensing authority by:

  • personal visit;
  • sending a registered letter;
  • sending electronically.

Specialists must check the completeness of the submitted documents according to the inventory of attachments and put the incoming number on the copy of the inventory, handing this document to the licensee. After that, within three days, state bodies must decide on the consideration of the application.

After a positive decision is made on the consideration of the application, the housing supervision authorities after 45 days must decide on the provision of permits to the licensee. If this decision is positive, the recipient can pick up the license in person or receive it by mail, registered mail.

Cost and duration

For granting a license to manage apartment buildings, you must pay a state duty in the amount of 30000 rub. If the license holder needs to make a duplicate or reissue it, you must pay 5000 rubles.

The license is issued to the recipient indefinitely, however, there are territorial restrictions. If the license is obtained in a certain subject of the Russian Federation, the management of apartment buildings can only be carried out in this region. Although there are no expiration dates, in certain cases the license may be suspended.

Suspension of a license can be carried out if there are violations of the current requirements of the licensed activity. Temporary suspension of permits is carried out by a court decision. Renewal occurs automatically after the expiration of the set period. If the comments of the regulatory authorities are not corrected in due time, the license is cancelled.

The complete termination of the license is also carried out by a court decision, and the housing supervision authorities must notify other state authorities of these changes.

Forecasts

Management companies that did not submit applications for obtaining a license were equated with organizations that do not want to manage houses, or organizations that are going to violate applicable law.

It was assumed that such changes in the current legislation would streamline the activities of management companies, and with their help it would be possible to achieve the proper quality of the services provided. However, in practice the situation only worsened.

Statistical studies have shown that the number of complaints from the population about the Criminal Code, after the amendments to the legislation, has increased. It turned out that the introduction of licenses led to the fact that there were fewer management companies, the number of offers decreased accordingly, and, as a result, the price increased, and the quality of services worsened.

In accordance with the legislation on administrative offenses, entrepreneurs and legal entities can be held administratively liable in cases of carrying out activities without a license and in cases of gross violation of the conditions, if the type of activity is mandatory for licensing.

Penalties for violators of the law are as follows:

  1. If there is no license: 40000-50000 rub. with confiscation of production tools for legal entities, up to 2500 rubles. for entrepreneurs.
  2. If the requirements prescribed in the license were violated: 30000-40000 rub. for organizations, up to 2000 rubles for individuals.
  3. If there are gross violations of license requirements: 100000-200000 rub. for legal entities, up to 8000 rubles for entrepreneurs.

In addition, management companies may face criminal liability for illegal activities, but only in certain cases. So, if the activity without a license caused major damage or is associated with the receipt of large sums of money, the violator can pay up to 300,000 rubles, be attracted to correctional labor up to 480 hours or six months of restraint.

If a criminally punishable act was committed by an organized group of persons, the punishment is aggravated: a fine of up to 500,000 rubles, correctional labor for up to 5 years, or restriction of liberty for up to 5 years. There are also fines for officials.

For more information on obtaining a license to manage apartment buildings, see this video.

GOVERNOR OF THE MOSCOW REGION

RESOLUTION

About the Licensing Commission of the Moscow Region for Licensing Activities for the Management of Apartment Buildings


Document as amended by:
(Official website of the Government of the Moscow Region www.mosreg.ru, 03/11/2015);
(Official website of the Government of the Moscow Region www.mosreg.ru, 29.10.2015);
(Official website of the Government of the Moscow Region www.mosreg.ru, 05.12.2017);
(Official website of the Government of the Moscow Region www.mosreg.ru, 09/03/2018);
(Official website of the Government of the Moscow Region www.mosreg.ru, 06/21/2019).
____________________________________________________________________


In accordance with the Housing Code of the Russian Federation, Law of the Moscow Region N 41/2003-OZ "On the Governor of the Moscow Region" and Resolution of the Governor of the Moscow Region dated November 21, 2014 N 246-PG "On the Formation of the Licensing Commission of the Moscow Region for Licensing Activities for the Management of Apartment Buildings ", in order to organize work on licensing activities for the management of apartment buildings in the Moscow region
(Preamble as amended by Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG.

I decide:

1. Establish the Licensing Commission of the Moscow Region for Licensing the Management of Apartment Buildings (hereinafter referred to as the Licensing Commission).

2. Approve the attached composition of the Licensing Commission.

3. Approve the attached Regulations on the Licensing Commission.

4. The Main Directorate for Information Policy of the Moscow Region shall ensure the official publication of this resolution in the newspaper "Ezhednevnye Novosti. Podmoskovie" and placement (publication) on the Internet portal of the Government of the Moscow Region.

5. This resolution comes into force from the day of its official publication.

Governor
Moscow region
A.Yu.Vorobiev

________________
* The text of the document corresponds to the original. - Database manufacturer's note.

Composition of the Licensing Commission of the Moscow Region for Licensing Activities for the Management of Apartment Buildings

Pestov D.V.

Decree of the Governor of the Moscow Region dated March 11, 2015 N 64-PG

Khromushin E.A.

Minister of Housing and Communal Services of the Moscow Region (Chairman of the Commission)"

Decree of the Governor of the Moscow Region dated March 11, 2015 N 64-PG)

Gusev V.A.

Excluded from the Licensing Commission by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG

Melnik V.G.

Decree of the Governor of the Moscow Region of October 29, 2015 N 460-PG Resolution of the Governor of the Moscow Region of June 20, 2019 N 286-PG

Abyasov N.S.

Additionally included in the Licensing Commission from December 5, 2017 by Resolution of the Governor of the Moscow Region dated December 4, 2017 N 526-PG; excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG

Belekhova Yu.A.

Chairman of the Association of Chairmen of Councils of Apartment Buildings of the Moscow Region (as agreed)

(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG)

Borisenko L.V.

Director of the Self-Regulatory Organization Non-Profit Partnership "Association of Organizations in the Field of Professional Real Estate Management "GUARANTIYA" (as agreed)

Gerasimenko V.Yu.

Decree of the Governor of the Moscow Region dated December 4, 2017 N 526-PG

Dupak V.V.

Excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG

Ivanov O.B.

Excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated August 28, 2018 N 379-PG

Zvereva L.A.

Deputy Chairman of the Commission for Housing and Public Utilities, Construction, Transport, Road Infrastructure and Improvement of Military Campuses of the Public Chamber of the Moscow Region (as agreed)

(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG)

Kokhany I.V.

Deputy of the Moscow Regional Duma, Chairman of the Committee on Construction, Architecture, Housing and Communal Services and Energy of the Moscow Regional Duma

Decree of the Governor of the Moscow Region dated December 4, 2017 N 526-PG)

Molodetsky I.Yu.

Deputy Head of the Housing Policy Implementation Department of the Housing Policy Department of the Ministry of Housing and Communal Services of the Moscow Region

(Additionally included in the Licensing Commission since December 5, 2017 by the Decree of the Governor of the Moscow Region dated December 4, 2017 N 526-PG; position as amended by the Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG)

Razvorotneva S.V.

Excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG

Romanov O.V.

Head of the Administrative and Analytical Department of the Ministry of Housing and Communal Services of the Moscow Region

(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG)

Rybalchenko M.B.

General Director of the Association of Energy Enterprises of the Moscow Region (as agreed)

(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated August 28, 2018 N 379-PG)

Smirnov A.B.

Excluded from the Licensing Commission from December 5, 2017 by the Decree of the Governor of the Moscow Region of December 4, 2017 N 526-PG

Urusbambetov M.B.

Excluded from the Licensing Commission by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG

Khritkin A.P.

Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG; excluded from the Licensing Commission since December 5, 2017 by the Decree of the Governor of the Moscow Region dated December 4, 2017 N 526-PG

Cherepyakin A.A.

Head of the Economic Security Department of the Main Directorate of Regional Security of the Moscow Region

(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG)

Regulations on the Licensing Commission of the Moscow Region for Licensing Activities for the Management of Apartment Buildings

APPROVED
resolution
Governor of the Moscow Region
dated December 10, 2014 N 271-PG

I. General provisions

1. The Licensing Commission of the Moscow Region for Licensing the Activities of Managing Apartment Buildings (hereinafter referred to as the Licensing Commission) is a permanent collegial body formed to ensure the activities of the state housing supervision body for licensing the activities of managing apartment buildings in the Moscow Region.

2. The Licensing Commission is guided in its activities by the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, laws of the Moscow Region and other regulatory legal acts of the Moscow Region, as well as these Regulations.

3. Organizational and technical support for the activities of the Licensing Commission is carried out by the Ministry of Housing and Communal Services of the Moscow Region (hereinafter referred to as the Ministry of Housing and Public Utilities of the Moscow Region).

II. Main tasks, powers and functions of the Licensing Commission

4. The main tasks of the Licensing Commission are:

a) ensuring publicity and openness of licensing activities for the management of apartment buildings (hereinafter referred to as licensing) in the Moscow Region;

b) ensuring the activities of the Main Directorate of the Moscow Region "State Housing Inspectorate of the Moscow Region" (hereinafter referred to as the body of state housing supervision) for licensing in the Moscow Region.

5. The main powers of the Licensing Commission are:

a) making a decision to issue a license to carry out activities for the management of apartment buildings (hereinafter referred to as a license) or to refuse to issue a license;

b) taking a qualifying examination;

c) participation in activities for license control;

d) making a decision to apply to the court with an application to cancel the license.

6. The Licensing Commission, in order to fulfill its tasks, performs the following functions:

a) considers reasoned proposals prepared by the state housing supervision body and makes decisions on granting a license (on refusal to grant a license);

b) takes a qualification exam, evaluates the results of such an exam and decides on the issuance of a qualification certificate, on the annulment of a qualification certificate, sends the protocol of the exam to the body of state housing supervision;

c) takes part in the licensing control activities carried out by the state housing supervision body in relation to the license applicant;

d) considers documents and materials, including those that are the basis for making changes to the register of licenses for entrepreneurial activities for the management of apartment buildings, received from the state housing supervision body based on the results of inspections of licensees within the framework of license control;
Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG.

e) analyzes the decisions of the state housing supervision body to exclude information about multi-apartment buildings from the register of licenses of the Moscow Region, including in order to identify and verify the grounds for canceling a license;

f) makes a decision to apply to the court with an application for the annulment of the license;

g) generalizes and analyzes the experience of licensing, judicial practice on licensing issues, prepares proposals for improving the licensing system;

h) interacts with the body of state housing supervision and other state authorities of the Moscow region and local authorities of municipalities of the Moscow region on licensing issues;

i) the subparagraph has become invalid - the resolution of the Governor of the Moscow Region of October 29, 2015 N 460-PG;

j) if necessary, invites the licensee, experts, representatives of the state housing supervision body, central executive bodies of state power of the Moscow Region, local government bodies of municipalities of the Moscow Region and interested individuals and legal entities (hereinafter referred to as interested parties) to take part in the work of the Licensing Commission of the licensee;
(Subparagraph as amended by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG.

k) ensure confidentiality when working with information constituting a trade secret of interested parties.

III. Composition, procedure for election (appointment) of members of the Licensing Commission

7. The Licensing Commission consists of 9 people: Chairman of the Licensing Commission, Deputy Chairman of the Licensing Commission, Secretary of the Licensing Commission and members of the Licensing Commission.

8. Only an individual can be a member of the Licensing Commission. The Licensing Commission may include representatives of:

a) self-regulatory organizations, public associations, non-profit organizations operating in the field of housing and communal services, higher educational institutions that train specialists in the field of management of apartment buildings;

b) public authorities of the Moscow region.
from December 5, 2017 by the Decree of the Governor of the Moscow Region of December 4, 2017 N 526-PG.

9. The number of representatives provided for by subparagraph "a" of paragraph 8 of these Regulations must be at least 1/3 of the composition of the Licensing Commission.
Decree of the Governor of the Moscow Region of December 4, 2017 N 526-PG.

10. The composition of the Licensing Commission is approved by a resolution of the Governor of the Moscow Region with a term of office of three years. Upon the expiration of the specified period, a new composition of the Licensing Commission is approved, and the continuity of its activities must be ensured.

Changes in the composition of the Licensing Commission are made by a resolution of the Governor of the Moscow Region on the basis of a written request from the state authorities of the Moscow Region, organizations and institutions whose representatives are members of the Licensing Commission. Written appeals are sent to the address of the Ministry of Housing and Public Utilities of the Moscow Region.

IV. Organization of activities of the Licensing Commission

11. Chairman of the Licensing Commission:

a) manage the activities of the Licensing Commission;

b) approves the agenda and date of the meetings of the Licensing Commission;

c) chair and preside over meetings of the Licensing Commission;

d) signs the minutes of meetings of the Licensing Commission;

e) performs functions within its competence aimed at ensuring the fulfillment of the tasks of the Licensing Commission.

12. In the absence of the Chairman of the Licensing Commission at the meeting of the Licensing Commission, his functions are performed by the Deputy Chairman of the Licensing Commission. In the absence of the chairman of the Licensing Commission and his deputy at the meeting, the presiding functions are assigned to a member of the Licensing Commission, elected by a majority of votes from among those present.

13. Members of the Licensing Commission are obliged to:

a) get acquainted with the materials of the meeting of the Licensing Commission;

b) attend meetings of the Licensing Commission;

c) observe the order and ethical standards in the process of discussing the issues under consideration and making decisions;

d) reasonably state his position, give reasoned comments and (or) additions (if any) to the submitted materials;

e) send to the Secretary of the Licensing Commission its opinion (if any) on the agenda of the meeting of the Licensing Commission in writing.

14. Members of the Licensing Commission have the right to:

a) receive information about the activities of the Licensing Commission;

b) in accordance with the procedure established by these Regulations, put issues on the agenda of meetings of the Licensing Commission;

c) demand the convocation of a meeting of the Licensing Commission;

d) exercise the rights provided for by the legislation of the Russian Federation and the legislation of the Moscow Region in the field of licensing, as well as these Regulations.

15. Members of the Licensing Commission are not entitled to use their position and the information received during the meetings of the Licensing Commission for personal interests, as well as to allow their use for personal interests by other persons.

16. Membership in the Licensing Commission is free of charge.

17. The powers of a member of the Licensing Commission cannot be transferred to third parties.

18. Secretary of the Licensing Commission, within the scope of his competence:

a) provides organizational support for the activities of the Licensing Commission;

b) participates in the development and approval of the schedule of meetings of the Licensing Commission;

c) agree with the Chairman of the Licensing Commission on the date of the meeting of the Licensing Commission;

d) determine the agenda of the meeting of the Licensing Commission and coordinate it with the Chairman of the Licensing Commission;

e) notify the members of the Licensing Commission and interested parties about the date, place, time and agenda of the meeting of the Licensing Commission;

f) organizes the work on processing documents and preparing materials on the agenda of meetings of the Licensing Commission;

g) ensure the presence of experts at the meeting of the Licensing Commission;

i) notify the members of the Licensing Commission and interested parties about the decisions taken by the Licensing Commission;

j) reports materials at the meeting of the Licensing Commission on agenda items;

k) draw up the minutes of meetings of the Licensing Commission and extracts from them;

l) ensures the storage and transfer to the archive of the minutes of the meetings of the Licensing Commission and other materials related to the activities of the Licensing Commission;

m) carries out registration of individuals applying for a qualification certificate (hereinafter referred to as the applicant) and assigns an individual identification number to each applicant;

o) exercise the powers necessary to ensure the work of the Licensing Commission.

V. Procedure for organizing the work of the Licensing Commission

19. Meetings of the Licensing Commission are held at least once a month.

20. The quorum for holding meetings of the Licensing Commission is more than 1/2 (one second) of the number of members of the Licensing Commission.

21. If there is no quorum at the meeting, the Chairman of the Licensing Commission has the right to decide to postpone the meeting to another date.

22. Meetings of the Licensing Commission are open. The meeting of the Licensing Commission may be attended by persons who are not members of the Licensing Commission.

23. The chairman of the Licensing Commission presides and chairs the meeting of the Licensing Commission. In the absence of the Chairman of the Licensing Commission at the meeting of the Licensing Commission, his functions are performed by the Deputy Chairman of the Licensing Commission. In the absence of the chairman of the Licensing Commission and his deputy at the meeting, the functions of the chairman are assigned to a member of the Licensing Commission, elected by a majority of votes from among the members of the Licensing Commission present.

24. Members of the Licensing Commission and interested parties must be notified of the place, date and time of the meeting no later than 2 (two) working days before the date of the meeting. The notification shall be sent in any way that makes it possible to reliably establish the receipt of the notification by the person to whom it was sent, including by facsimile message, telephone message or e-mail.

25. To ensure its activities, the Licensing Commission develops and approves the Rules of Procedure for the Licensing Commission.

26. The minutes of the meeting of the Licensing Commission shall be drawn up no later than 2 (two) working days from the date of the meeting of the Licensing Commission. The minutes of the meeting of the Licensing Commission shall be signed by the person chairing the meeting of the Licensing Commission. A copy of the minutes of the meeting of the Licensing Commission within a period of not more than 2 (two) business days from the date of the meeting of the Licensing Commission shall be sent to the state housing supervision body.
(Clause as amended by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG.

27. The minutes of the meeting of the Licensing Commission shall indicate:

a) date, place and time of the meeting of the Licensing Commission;

b) the total number and personal composition of the members of the Licensing Commission and other persons participating in the meeting of the Licensing Commission;

c) the agenda of the meeting of the Licensing Commission;

d) references to federal laws, other regulatory legal acts of the Russian Federation and the Moscow Region, and internal documents of the Licensing Commission, which guided the Licensing Commission when making decisions;

e) conclusions on the issues under consideration on the agenda of the meeting of the Licensing Commission.

28. The minutes of the meeting of the Licensing Commission must contain the decisions made by the Licensing Commission and the results of voting on them.

29. The Licensing Commission makes decisions on the agenda of the meeting by open voting.

30. Voting on agenda items is carried out by submitting ballots. In the voting ballots for each item on the agenda of the meeting of the Licensing Commission, a member of the Licensing Commission must choose 1 (one) of the following voting options: "for", "against". A member of the Licensing Commission marks the voting option corresponding to his decision. The voting ballot must be signed by a member of the Licensing Commission.

34. A member of the Licensing Commission declares his dissenting opinion in writing (if any). This fact shall be reflected in the minutes, and the relevant document shall be attached to the meeting materials.

VI. Procedure for the Licensing Commission to make a decision to issue a license or to refuse to issue a license

35. On the basis of a reasoned proposal received from the state housing supervision body to grant a license or to refuse to grant a license, the Licensing Commission makes a decision to grant a license or to refuse to grant a license.

36. The Licensing Commission makes a decision to grant a license or to refuse to grant a license within 10 (ten) working days from the date of receipt of a reasoned proposal from the state housing supervision body. The decision is sent to the body of state housing supervision no later than 2 (two) business days following the day the relevant decision is made.
(Clause as amended by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG.

37. The decision of the Licensing Commission to grant a license is the basis for the state housing supervision body to issue a license.

38. The decision of the Licensing Commission to refuse to grant a license may be appealed to the court in accordance with the procedure established by the legislation of the Russian Federation and the legislation of the Moscow Region.

VII. The procedure for the adoption of the qualification exam by the Licensing Commission

39. The organization of the qualification exam is carried out in accordance with the requirements established by the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated December 05, 2014 N 789 / pr "On approval of the procedure for conducting a qualification exam, the procedure for determining the results of a qualification exam, the procedure for issuing, canceling a qualification of the certificate, the Procedure for maintaining the register of qualification certificates, the Form of the qualification certificate, the List of questions proposed to a person applying for a qualification certificate at the qualification exam, provided for by Decree of the Government of the Russian Federation of October 28, 2014 N 1110 ".
(Clause as amended by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG.

40. Based on the results of the qualification exam, no later than 3 (three) business days after it was held, the Licensing Commission draws up and signs the protocol of the qualification exam. The protocol shall be sent to the body of state housing supervision no later than the working day following the day of its signing.

41. The schedule of qualification exams is approved by the decision of the Licensing Commission and is subject to official placement (publication) on the official website of the Ministry of Housing and Public Utilities of the Moscow Region in the information and telecommunication network "Internet" mgkh.mosreg.ru.

VIII. The procedure for the participation of the Licensing Commission in the activities of licensing control

42. Licensing control activities include conducting documentary, scheduled and unscheduled on-site inspections in relation to the license applicant and licensee.

43. When an unscheduled on-site inspection is carried out with respect to the license applicant, as well as when a scheduled and unscheduled on-site inspection is carried out with respect to the licensee, members of the Licensing Commission have the right to personally be present during their conduct.

IX. The procedure for the Licensing Commission to make a decision to apply to the court with an application for the cancellation of a license

44. In case of exclusion from the register of licenses of the Moscow Region of information about apartment buildings, the total area of ​​​​the premises in which is fifteen or more percent of the total area of ​​\u200b\u200bpremises in apartment buildings, the management of which was carried out by the licensee during the calendar year preceding the date of the decision of the Licensing Commission on applying to the court, as well as the absence for six months in the register of licenses of the Moscow Region of information about apartment buildings, the management of which is carried out by the licensee, the state housing supervision body sends a notification of this fact to the Licensing Commission within 3 (three) business days from the date of occurrence of the said circumstances.
(Clause as amended by Decree of the Governor of the Moscow Region dated August 28, 2018 N 379-PG.

45. Within 10 (ten) working days from the date of receipt of such notification, the Licensing Commission decides to apply to the court with an application to cancel the license.

46. ​​Not later than the working day following the day of receipt of the decision of the Licensing Commission on applying to the court with an application for the annulment of the license, the state housing supervision body proceeds to prepare an application for the annulment of the license and the necessary documents to it for submission to the court. The preparation of these documents must be completed within 7 (seven) working days.


Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

Until January 2015, the management of apartment buildings did not require a license and was subject to little state control. To correct this situation, a new law was issued, which was signed by the President of the Russian Federation V.V. Putin on July 31, 2014.

According to him, all organizations and individual entrepreneurs wishing to manage an apartment building, in order to carry out this activity, must obtain a special document - a license.

Licensing of activities allows the best way to control the performance of the management company of its duties.

Issues and exercises control over the fulfillment of license requirements by a commission specially created for this purpose. It selectively arranges unscheduled inspections, as a result of which administrative violations may be revealed.

In the event that in one year the licensing commission revealed two or more violations, which, moreover, were not eliminated on time, the licensee may lose the license and be included in the register of disqualified persons. In this case, he will no longer be able to obtain a new license.

Important! Legal entities and individuals with the status of an entrepreneur have the right to manage an apartment building only if they have a license. Homeowners, united in various partnerships, can manage it without obtaining such a document.

How to get a license?

To obtain a license, it is required to submit an appropriate application to the executive authorities of the region in which it is planned to conduct activities.

However, before that, you need to pass a test, according to the results of which, a qualification certificate is issued or not issued. The exam lasts no more than 2 hours. Testing is considered passed if, according to its results, more than 172 points are scored.

In the event that the test attempt fails, you can try your luck again and again, because the number of attempts to retake the test is not limited by anything. The received certificate is attached to the application along with other necessary documents.

Despite the fact that the certificate is valid for 5 years, you can lose it before the expiration of this period. As a rule, this happens if the licensing commission detects any inconsistencies.

To obtain a license, the following documents must be submitted:

  • an application for its extradition;
  • certificate confirming the passing of the qualifying exam (copy);
  • copies of constituent documents (certified by a notary);
  • description of all submitted documents.

After submitting the application, the decision to issue the document will be made within 30 days. During this time, the licensing commission checks all the data provided by the applicant. Not everyone who wants to receive a document receives the right to manage apartment buildings.

The following persons may be denied:

  • not registered as a legal entity or individual entrepreneur;
  • having a valid criminal record;
  • included in the list of disqualified;
  • listed in the list of persons with revoked licenses;
  • not disclosing information on serviced apartment buildings.

To obtain a document, you will also need to pay a fee to the state in the amount of 30,000 rubles.

Where to get a license?

Prepared documents are submitted to the executive authorities, which include housing inspections.

You can also submit documents at multifunctional centers, on the website of public services, or by sending them by registered mail.

The issued license does not expire. However, it is limited to the region, that is, it has no effect outside the region in which it was issued and is not transferable to other persons.

In other words, a license obtained in Rostov does not apply to Moscow or any other city.

In what cases can it be cancelled?

Despite the fact that the license that gives the right to manage apartment buildings does not have an expiration date, it can be lost.

The decision of the court may serve as the basis for the annulment of the document. The reason for such a decision may be repeated administrative violations, especially if they have occurred in the last 12 months.

In this case, all houses that were serviced by this licensee are excluded from the register of licenses of the subject of the Russian Federation. Their exclusion from the registers, in turn, entails the annulment of the document that gave the right to manage apartment buildings.

If the licensing commission has decided to exclude the house from the register, its residents are notified about this. After that, they have two months to appeal the court's decision.

In the event that the tenants have expressed a desire to continue cooperation with the licensee, the house is not excluded from the register, and the licensee retains the right to manage an apartment building or houses (if there were several).

What are the penalties for administrative violations?

Regarding the management of apartment buildings, administrative violations include:

  • violation by the licensee of the requirements imposed on him;
  • operating without a license.

If they are detected, organizations and individual entrepreneurs can be fined by the licensing commission for a rather impressive amount.

For the first violation, the fine is 250-300 thousand rubles, and for the second a little less - 150-250 thousand rubles.

If organizations face only a fine for these violations, then individual entrepreneurs can be disqualified for a period of at least 3 years.

How does she look?

The license is a two-sided A4 document. On the front side of the document, its name and owner are indicated.

Here you can also find the number and date of issue, as well as the name of the authority that issued it.

The reverse side indicates the location of the licensee, the region of validity of the document and the name of the licensing commission that made the decision to issue.

Conclusion

To legally manage apartment buildings, you need to obtain a special license. Management without it is illegal and refers to administrative offenses that are punishable by a fine, and for individual entrepreneurs it can also threaten with disqualification from the register of licenses.

To obtain a license, you must meet certain requirements, including:

  • the presence of a certificate confirming the qualification of the licensee;
  • no active criminal record;
  • absence in the lists of disqualified or canceled officials;
  • providing information on serviced homes.

The license is issued for an indefinite period and is valid only in the region in which it was obtained. An application for its receipt is submitted to the housing inspection of the region where the activity is planned.

Moreover, it can be submitted both in person and via the Internet or the postal service.

A license issued to a licensee may be annulled by a court decision. However, if the residents of the house within a certain period announce their desire to continue cooperation with the licensee, the right to manage the house will remain with him.

Since the beginning of 2015, a license for the management of multi-apartment buildings (MKD) is required to carry out maintenance of residential complexes in cities and other settlements. Organizations and individual entrepreneurs (IEs) engaged in relevant activities are required to receive one.

What is the document for?

The President of the Russian Federation Vladimir Putin initiated the introduction of licensing. There were several reasons for this. Here are the main ones:

  1. management companies that had not previously received permit papers carried out the following activities:
    • collected money from the population for services;
    • organized their provision;
  2. however, complaints from citizens about the insufficient level of work of managers have become more frequent;
  3. when considering them, it turned out that there is no legislative mechanism for putting pressure on these organizations.
Attention: licensing is the organization of state control over the implementation by entrepreneurs and enterprises of their obligations to residents.

Legislative framework

The mechanism of regulation by local governments of the activities of management companies is contained in the Housing Code of the Russian Federation (LC). To do this, by law No. 255-FZ of July 14, 2014, a new section was introduced into it - X. The paragraphs entered into force on September 00, 2014. Article 192, paragraph 1, of this section states:

"one. Activities for the management of apartment buildings are carried out by managing organizations on the basis of a license to carry out entrepreneurial activities for the management of apartment buildings (hereinafter also referred to as a license) issued by the state housing supervision body on the basis of a decision of the licensing commission of a constituent entity of the Russian Federation (hereinafter referred to as the licensing commission).

Thus, for the implementation of licensing, regional authorities are required to create special commissions. Their functions include:

  1. acceptance of applications for the implementation of activities for the management of MKD;
  2. study of documentation;
  3. identification of legal entities and individuals suitable for this activity;
  4. issuance of a permit;
  5. control over the work of the management company;
  6. revocation of a license.
Attention: the tenth section of the LCD contains an indication that the control functions are provided to the executive power of the federal level.

The license has certain restrictions:

  • valid only on the territory of the issuing subject of the federation;
  • issued indefinitely;
  • controlled by government agencies;
  • may be canceled under certain circumstances.
Important: licensing activities for the management of apartment buildings does not affect the officially established associations of residents living in MKD. They dispose of their property without special regulation by the state. Download for viewing and printing:

What services are issued

According to the 162nd article of the LCD, the managing organization is obliged to sign an agreement with the tenants. This agreement specifies the types of services, the provision of which it guarantees. That is, the choice is at the mercy of the parties to the contract. They can choose from this main list:

  1. maintenance and current repair of MKD;
  2. emergency maintenance and organization of control in case of force majeure;
  3. provision of housing and communal services by drawing up agreements with relevant companies;
  4. acceptance of mandatory contributions from tenants;
  5. work on the improvement of the local area;
  6. document flow, including the safety of papers;
  7. others.
Important: in order to conclude an agreement with tenants for the corresponding type of service, you must first obtain a license.

How to get a permit

The step-by-step algorithm for obtaining this type of license is as follows (how to act in practice):

  1. Find a suitable housing estate or house in need of services.
  2. Talk to the tenants (asset) in order to reach a preliminary agreement.
  3. Form a legal entity or business.
  4. Pass the qualification test.
  5. Collect the necessary package of documents.
  6. Submit it to the local government, to whose jurisdiction the selected building belongs.
  7. Get a license.
  8. Start activity.
Attention: in theory, the first two steps are missing. They can be skipped in practice. However, a licensed individual entrepreneur or LLC may be in this case without a field of activity.

Licensing requirements

The licensing committee will review all aspects of the applicant. This collegial body is responsible to the population and authorities for the work of the governing organizations. In addition, the commission is obliged to obey all legal norms. And they are:

  1. the applicant must have a registered legal entity or business:
    • in the registration documents to have the appropriate OKVED (activity code);
  2. the head of an LLC or individual entrepreneur is required to have a qualification certificate in accordance with Article 202 of the LC;
  3. licensing of persons is not allowed:
    • having a criminal record:
      • in the economic sphere;
      • moderate, as well as severe;
      • previously already received a permit, the validity of which was canceled at the initiative of the commission (in any subject of the Russian Federation, it is checked against the consolidated register);
  4. disqualified for this type of work.

Important: in the process of exercising powers, the entrepreneur is obliged to ensure:

  • compliance with the Rules for the provision of services to residents (Government Decree No. 354 of 05/06/2011);
  • free access to financial indicators and other parameters characterizing the work of the managing organization.

Download for viewing and printing:

Qualification certificate


Only people who have proven their qualifications are allowed to manage the housing stock. Testing takes the form of an exam. Questions are prepared by the federal executive body authorized by the Government of the Russian Federation:

  • the test takes up to two hours;
  • a person who has scored at least 172 points is considered to have passed it successfully;
  • There is no fee to take the exam.
Important: the certificate must be renewed every five years. That is the duration of the document.

What documents need to be prepared

An applicant's application is submitted to the housing commission. Attached are the following copies:

  1. received certificate;
  2. for organizations:
    • charter with notarization;
    • order on the appointment of an official;
    • certificates of amendments to the registration documents (if any);
  3. for LLC and sole proprietorship:
    • state registration certificates;
    • minutes of the decision to form an LLC;
  4. everyone must attach the original payment document to pay the state duty;
  5. investment description.
Important: the commission has thirty days to study the documents of the applicant and check the likely circumstances that do not allow him to entrust the management of the MKD.

Reasons for rejection

As a rule, they do not issue permits to violators of the current legislation. In this case, the cause may be one or more of the following:

  • lack of registration as a legal entity or individual entrepreneur;
  • the presence of an outstanding criminal record;
  • presence in the registry:
    • disqualified;
    • persons whose licenses have been revoked;
  • the presence of penalties regarding the concealment of information about the maintenance of MKD (in previous periods).
Attention: the commission is obliged to inform the license applicant about the negative decision taken, indicating the reason.

How to apply

In accordance with the methodology for the implementation of the workflow, the package can be transferred to the commission in one of the following ways:

  • personally or through a representative who has a power of attorney;
  • by mail with a description of the attachments;
  • in electronic form with digital signature.

Attention: the applicant is given a copy of the inventory, on which a mark is placed on the acceptance of the package:

  • stamp imprint;
  • signature of an official with a transcript;
  • the date.

If the application is not submitted personally, then a copy of the inventory will be sent in the way that the applicant used.

Who issues the license

After processing the documents and making a positive decision, a permit is issued. It is a two-sided A4 document, which states:

  1. Name:
    • licensed organization or individual entrepreneur's name;
    • the authority that issued the permit;
  2. number and region.
Important: the state duty for licensing is 30,000 rubles.

Legal requirements for licensed managers

According to the Order of the Ministry of Communications of the Russian Federation No. 368, the Ministry of Construction No. 969 / pr dated September 29, 2015, information about MKDs managed by the organization must be made public by posting it on the official website:

  • if the terms of the contract change, then it must be updated (three working days are given);
  • the same should be done when breaking the agreement with the tenants.

The company is controlled by the authority that issued the authorization paper by checking:

  • unscheduled;
  • periodic.

Important: if repeated violations are detected, the license may be.

1.1. This Organization Standard (hereinafter referred to as STO) establishes the procedure for licensing activities for the management of multi-apartment buildings (hereinafter referred to as MKD) carried out by management companies (hereinafter referred to as MC) (individual entrepreneurs - hereinafter referred to as IP) on the basis of an MKD management agreement, by management companies (IP) that carry out activities for the performance of work and (or) the provision of services on the basis of a contract for the provision of services and (or) the performance of work on the maintenance and repair of common property in an apartment building, concluded with such an organization (IE) on the basis of an agreement (hereinafter referred to as persons engaged in management activities MKD, license applicant, licensee).

When using this CTO, it is advisable to check the validity of the reference standards indicated in it. If the reference document is replaced (changed), then when using this STO, you should be guided by the replaced (changed) standard. If the referenced document is canceled without replacement, then the provision in which the link to it is given applies to the extent that this link is not affected.

September 1, 2014 came into force, aimed at the introduction of licensing activities for the management of apartment buildings.

The activity of managing an apartment building is understood as the performance of work and (or) the provision of services for the management of an apartment building on the basis of an apartment building management agreement.

Public service - Licensing of activities for the management of apartment buildings is carried out by the bodies of state housing supervision of a constituent entity of the Russian Federation (hereinafter referred to as the body of state housing supervision).

Until May 1, 2015, managing organizations must obtain a license to manage apartment buildings, a license is provided without limitation of its duration and is valid only on the territory of the subject of the Russian Federation in which it was issued. The license is not transferable to third parties. Licenses will be issued based on the decision of the licensing commission.

At the same time, a license is issued for each organization engaged in the management of apartment buildings, respectively, the head of two enterprises (in one person) will have to obtain two licenses for entrepreneurial activities in the management of apartment buildings, with one qualification certificate.

In accordance with "Article 333.33 of the Tax Code of the Russian Federation is supplemented by paragraph 134, which establishes the following amounts of state fees for the actions of authorized bodies related to the licensing of entrepreneurial activities for the management of apartment buildings:

- provision (issuance) of a duplicate license for the implementation of entrepreneurial activities for the management of apartment buildings - 5 000 rubles

The name of the public service is the licensing of entrepreneurial activities for the management of apartment buildings, carried out by legal entities or individual entrepreneurs.

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