home · Motivation · The process of licensing activities for the management of apartment buildings. Features of a license to manage apartment buildings Issuance of a license to manage an apartment building

The process of licensing activities for the management of apartment buildings. Features of a license to manage apartment buildings Issuance of a license to manage an apartment building

  • GENERAL PROVISIONS OF HOUSING LAW
  • The concept of housing law. General provisions of housing law
    • Citizens' right to housing
    • The concept of housing law
    • Subject and method of housing law
    • Basic principles of housing law
  • Housing legislation
    • Housing legislation system
    • Housing and civil legislation: correlation
    • The effect of housing legislation over time
    • Application of housing legislation by analogy
  • Housing legal relations
    • Concept and types of housing legal relations
    • Object and subjects of housing legal relations
    • Grounds for the emergence of housing legal relations
    • Contents of housing legal relations
  • Residential premises as a subject of housing legal relations
    • The concept of residential premises, requirements for residential premises
    • Types of residential premises
    • Purpose of living space. Use of residential premises
  • Housing stock
    • Concept and types of housing stock
    • State accounting of housing stock
  • Transfer of residential premises to non-residential premises and non-residential premises to residential premises
    • Conditions for transferring residential premises to non-residential premises or non-residential premises to residential premises
    • Documents required for transferring residential premises to non-residential and non-residential premises to residential
    • The procedure for transferring residential premises to non-residential and non-residential premises to residential
    • Refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises
  • Reconstruction and redevelopment of residential premises
    • The concept of reconstruction and (or) redevelopment of residential premises
    • Documents submitted for approval of reconstruction and (or) redevelopment of residential premises
    • The procedure for approving the reconstruction and (or) redevelopment of residential premises
    • Refusal to approve the reconstruction and (or) redevelopment of residential premises
    • Consequences of unauthorized reconstruction and (or) redevelopment of residential premises
  • ACQUISITION OF RESIDENTIAL PREMISES IN PRIVATE OWNERSHIP BY CITIZENS
  • The right of private ownership of residential premises
    • The concept and features of the right of private ownership of residential premises. Rights and obligations of the owner of residential premises and other residents
    • Purchase and sale agreement as the basis for the acquisition of residential premises into private ownership
    • Exchange agreement as a basis for the acquisition of residential premises into private ownership
    • Donation agreement as a basis for the acquisition of residential premises into private ownership
    • Rent agreement as a basis for the acquisition of residential premises into private ownership
  • Property rights to residential premises of persons who are not owners
    • Rights to residential premises of members of the cooperative before payment of the share contribution
    • Rights to residential premises of family members of the owner of the residential premises
    • Rights to residential premises of former family members of the owner
    • Use of residential premises provided by testamentary refusal
    • Use of residential premises on the basis of a lifelong maintenance agreement with dependents
    • Eviction of a citizen whose right to use residential premises has been terminated or who violates the rules for using residential premises
  • Registration of rights to residential premises and transactions with them
    • Form of transactions aimed at acquiring residential premises into private ownership
    • State registration of rights to residential premises and transactions with them
    • State registration of encumbrances (restrictions) of residential premises as an object of real estate
  • Common property of owners in an apartment building
    • Ownership rights to common property of owners in an apartment building
    • Property belonging to the common property of owners in an apartment building
    • The procedure for determining and acquiring shares in the right of common ownership of common property in an apartment building
    • The powers of the owners of common property in an apartment building and the maintenance of such property. Changing the boundaries of premises in an apartment building
    • The right of ownership to the common property of the owners of rooms in a communal apartment. Maintenance of common property in a communal apartment
  • LEGAL BASIS FOR PROVIDING CITIZENS WITH RESIDENTIAL PREMISES
  • Provision of residential premises under a social tenancy agreement
    • Concept and features of a social tenancy agreement
    • Grounds for providing residential premises under a social tenancy agreement
    • Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises
    • Rights, duties and responsibilities of the landlord, tenant and family members of the tenant under a social tenancy agreement
    • Subletting of residential premises and the legal status of temporary residents
  • Provision of residential premises under lease agreements for residential premises of social housing stock
    • Concept and features of a lease agreement for residential premises of a social housing stock
    • Grounds and procedure for the provision of residential premises under a lease agreement for residential premises of a social housing stock
    • Use of residential premises under social tenancy agreements for citizens registered as needing residential premises
    • Rights, obligations and responsibilities of the parties under a rental agreement for residential premises of a social housing stock
    • Rights and obligations of family members of the tenant under a lease agreement for residential premises of a social housing stock
  • Provision of specialized residential premises
    • Concept and types of specialized residential premises
    • Concept and features of a rental agreement for specialized residential premises
    • Grounds and features of providing specialized residential premises
  • CHANGE AND TERMINATION OF HOUSING LEGAL RELATIONS
  • Changes in housing legal relations
    • Changes in housing legal relations when changing the social tenancy agreement for residential premises
    • Changes in housing legal relations during the move-in and eviction from a residential premises of family members of the tenant of a residential premises under a social tenancy agreement
    • Exchange of residential premises provided on the basis of a social tenancy agreement
  • Termination of housing legal relations
    • Grounds for termination of housing legal relations
    • Termination of housing legal relations upon termination of a social tenancy agreement and eviction of the tenant and his family members
    • Termination of housing legal relations upon termination of a lease agreement for residential premises of a social housing stock and eviction of the tenant and his family members
    • Termination of housing legal relations upon termination of a rental agreement for specialized residential premises and eviction of the tenant and his family members
  • HOUSING CONTROL (SUPERVISION). RESPONSIBILITY IN HOUSING LAW
  • Legal regulation of housing control (supervision)
    • Russian legislation on housing control (supervision)
    • General provisions on housing control (supervision)
    • The procedure for housing control (supervision)
  • General characteristics of liability for violation of housing legislation
    • Specifics of liability in housing law
    • Civil liability in housing law
    • Administrative responsibility in housing law
  • HOUSING MANAGEMENT
  • Management of apartment buildings
    • General provisions on the management of apartment buildings
    • Ways to manage an apartment building
    • Direct management of an apartment building by premises owners
    • Management of an apartment building in state or municipal ownership
    • Apartment building council
    • Creating conditions for managing apartment buildings
  • Management of an apartment building carried out by a homeowners association or a housing cooperative or other specialized consumer cooperative
    • The concept and features of a homeowners' association, the procedure for creating a homeowners' association
    • Rights and obligations of a homeowners’ association in the management of an apartment building
    • Management and control bodies of the homeowners association
    • Legal status of homeowners association members
    • Features of the legal status of housing and housing-construction cooperatives and other specialized consumer cooperatives
    • Peculiarities of management of apartment buildings by associations of residential premises owners and specialized consumer cooperatives
  • Management of an apartment building carried out by a management organization
    • Legal status of a management organization in the field of management of apartment buildings
    • Licensing of activities of a management organization for the management of apartment buildings
    • Apartment building management agreement
  • PAYMENT FOR HOUSING AND UTILITIES
  • Payment for housing and utilities
    • Structure and amount of payment for residential premises and utilities
    • Features of paying for residential premises and utilities

Licensing of activities of a management organization for the management of apartment buildings

The activities of management organizations for the management of apartment buildings are a licensed type of activity. The main provisions on licensing the activities of management organizations are regulated by Chapter 19 “Licensing of activities for the management of apartment buildings” of the Housing Code of the Russian Federation. In 2014, changes were made to the Housing Code of the Russian Federation regarding the licensing of the activities of management organizations.

Legal entities and individual entrepreneurs carrying out business activities in the management of apartment buildings were required to obtain a license for its implementation before 05/01/2015. After this date, carrying out this activity without a license is not allowed. In accordance with Federal Law dated July 21, 2014 No. 255-FZ, until May 1, 2015, legal entities and individual entrepreneurs engaged in the management of apartment buildings, on the date of applying for a license must also comply with the licensing requirements provided for in Art. 193 Housing Code of the Russian Federation. These requirements are:

  1. registration of a licensee, license applicant as a legal entity or individual entrepreneur on the territory of the Russian Federation. Legal entities and individual entrepreneurs registered in the territories of foreign states are not allowed to carry out activities related to the management of apartment buildings;
  2. An official of a licensee, an official of a license applicant has a qualification certificate (the specifics of issuing a qualification certificate will be discussed further);
  3. the absence of an unexpunged or outstanding conviction for crimes in the economic sphere, for crimes of moderate gravity, serious and especially serious crimes;
  4. absence in the register of persons who exercised the functions of the sole executive body of the licensee whose license was revoked, as well as persons who are responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building by the charter or other documents of the licensee and in respect of whom administrative punishment in the form of disqualification, individual entrepreneurs whose license was canceled and (or) in respect of whom administrative punishment in the form of disqualification was applied, information about the official of the licensee, the official of the license applicant;
  5. the absence in the consolidated federal register of licenses for carrying out entrepreneurial activities in the management of apartment buildings of information on the revocation of a license previously issued to the licensee, the license applicant.

An additional requirement introduced in 2014 is that the licensee must comply with disclosure requirements. So, paragraph 10 of Art. 161 of the Housing Code of the Russian Federation stipulates that the management organization must provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation, about their cost, about prices (tariffs) for resources necessary for the provision of public services, in accordance with the information disclosure standard approved by the Government of the Russian Federation.

A license to carry out activities by management organizations is issued by the state housing supervision body of a constituent entity of the Russian Federation on the basis of a decision of the licensing commission of a constituent entity of the Russian Federation (for example, in Moscow the state housing supervision authority is the State Housing Inspectorate of the City of Moscow). The procedure for licensing activities for managing an apartment building is determined by Decree of the Government of the Russian Federation dated October 28, 2014 No. 1110.

Monitoring of compliance by state housing supervision bodies with mandatory requirements is carried out by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

To carry out licensing activities, a constituent entity of the Russian Federation is creating a permanent licensing commission to ensure the activities of state housing supervision bodies in licensing the management of apartment buildings in a constituent entity of the Russian Federation. The decision to create a licensing commission determines the composition of the licensing commission and the procedure for its work, and the chairman of the licensing commission is appointed. In the licensing commission, at least one third of its members must be represented by self-regulatory organizations (Article 202 of the Housing Code of the Russian Federation).

TO powers of the licensing commission relate:

  1. making a decision on issuing a license or refusing to issue a license;
  2. taking a qualifying exam;
  3. participation in licensing control activities;
  4. making a decision to apply to court to revoke a license.

In 2014, the Ministry of Construction and Housing and Communal Services approved the Methodological Recommendations “On the procedure for the formation and activities of the licensing commission of a constituent entity of the Russian Federation for licensing activities for the management of apartment buildings.” According to these recommendations, the number of members is established by the authorized body of the constituent entity of the Russian Federation, but not exceeding 20 people (including the chairman, deputy chairman and secretary).

The licensee himself or officials of the management organization (depending on who manages the apartment building) are required to have a Qualification Certificate (Article 202 of the Housing Code of the Russian Federation). Verification of the qualifications of a person applying for a qualification certificate is carried out in the form of a qualification exam. The procedure for conducting the qualification exam, the list of questions offered to the applicant at the qualification exam, the procedure for determining the results of the qualification exam are established by the federal executive body authorized by the Government of the Russian Federation. It should be noted that there is no fee charged to the applicant for taking the qualifying exam. The criterion for admission to passing the qualification exam, in addition to those required for the issuance of a license, is the absence of information about the applicant in the register of disqualified persons. A qualification certificate is issued provided that the applicant has passed the qualification exam. Failure of the applicant to pass the qualification exam is the basis for a decision to refuse to issue a qualification certificate. The decision to refuse to issue a qualification certificate may be challenged in court. The validity period of the qualification certificate is 5 years.

If information about the certified person was entered into the register of disqualified persons or the qualification certificate was obtained using forged documents, the qualification certificate is canceled

Under activities related to the management of an apartment building means the performance of work and (or) provision of services for the management of an apartment building on the basis of an agreement for the management of an apartment building. The license is granted without any limitation on its validity period and is valid only on the territory of the constituent entity of the Russian Federation whose state housing supervision authority issued it. The license is not transferable to third parties. The provisions of Federal Law dated May 4, 2011 No. 99-FZ apply to relations related to licensing activities for managing apartment buildings. However, this law does not apply to relations related to the suspension, renewal of a license, as well as the establishment of grounds for revocation of a license. Article 194 of the RF Housing Code establishes a closed list of grounds for refusing to grant a license to a license applicant:

  1. the non-compliance of the license applicant with the licensing requirements established during the inspection of the application for a license and the documents attached thereto;
  2. the presence of inaccurate or distorted information in the license application submitted by the license applicant and (or) the documents attached thereto.

The license applicant's application for a license and the documents attached to it are considered by the state housing supervision authority in the manner established by Federal Law dated May 4, 2011 No. 99-FZ, within a period not exceeding 30 working days from the date of receipt of the application for a license and the documents attached to it documents. Based on the results of consideration of the application, the state housing supervision body prepares a reasoned proposal for the licensing commission to grant a license or to refuse to grant it.

Information on licensing activities for the management of apartment buildings, licensees who carry out or have carried out this type of activity is contained in:

  • register of licenses of a constituent entity of the Russian Federation;
  • the consolidated federal register of licenses to carry out business activities in the management of apartment buildings (hereinafter referred to as the consolidated federal register of licenses);
  • the register of persons who performed the functions of the sole executive body of the licensee whose license was cancelled, as well as persons who are responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building by the charter or other documents of the licensee and in respect of whom administrative punishment in the form of disqualification was applied, individual entrepreneurs whose license has been revoked and (or) against whom an administrative penalty in the form of disqualification has been applied (hereinafter referred to as the register of disqualified persons).

In accordance with the Federal Law of July 21, 2014 No. 209-FZ “On the State Information System of Housing and Communal Services,” from May 1, 2015, information from these registers is subject to placement in the state information system of housing and communal services defined by federal law.

Cancellation of a license to manage an apartment building is carried out by a court decision based on the consideration of an application from the state housing supervision body to cancel the license. The said application is submitted to the court based on the decision of the licensing commission. The license is terminated from the date of making the relevant entries in the register of licenses of a constituent entity of the Russian Federation. The management organization, if the license is terminated or cancelled, is obliged to transfer to the person who has assumed the obligations to manage the apartment building, technical documentation for the apartment building and other documents related to the management of such a house within 2 working days. Within 15 days from the date of receipt of notification from the state housing supervision body about the termination of the license or its cancellation, the local government body convenes a general meeting of owners of premises in an apartment building to decide on the choice of method of managing such a house.

Dear Colleagues!

The Licensing Commission of the Moscow Region for licensing the management of apartment buildings (hereinafter referred to as the “Licensing Commission”) began its work.

Applications for admission to the qualification exam can be submitted to the Ministry of Housing and Communal Services of the Moscow Region at the address:

Moscow, st. Sadovaya-Triumfalnaya, 10/13, office No. 522.

Department for supporting the activities of the Licensing Commission

Urusbambetov Mukhamed Bagidovich - deputy head of the housing department - head of the department for ensuring the activities of the Licensing Commission;

Revishvili Alexander Alexandrovich – chief specialist of the department

Phone – 84952490687.

The qualification exam is held on the basis of the training center of the Ministry of Housing and Communal Services at the address:

143900, Moscow region, Balashikha, Sovetskaya st., 42

After passing the qualification exam, having received a notification from the Licensing Commission confirming the successful completion of the qualification exam, you must contact the State Housing Inspectorate of the Moscow Region with an application for the issuance of a qualification certificate.

An application for issuance of a qualification certificate is submitted by a person who has passed the qualification exam personally or by his representative on the basis of a power of attorney certified in the prescribed manner.

An application for issuance of a qualification certificate and a notification confirming the successful completion of the qualification exam are submitted directly to the State Housing Inspectorate of the Moscow Region or sent by post with acknowledgment of delivery.

Since May 2015, the life of organizations involved in management in the housing and communal services sector has become significantly more complicated. The requirements for management companies have also become more stringent.

Now the activities of such organizations are subject to mandatory licensing. They do not have the right to work without a valid license for the maintenance and management of apartment buildings.

How is this issue regulated by law?

Started in September 2014 Federal Law of July 21, 2014 No. 255-FZ, which made some additions to the provisions of the Housing Code of the Russian Federation.

In particular, it is aimed at tightening requirements for companies carrying out...

The adopted law introduced changes not only to housing legislation, but also to some other legal acts.

Thus, from January 1, 2015, management organizations bear administrative responsibility for any violations of the rules of doing business in the housing and communal services sector. From May 1, 2015, they can operate only under the condition.

Licenses issued to management companies in the housing and communal services sector are not limited in terms of validity. But they operate exclusively on the territory of the subject where they were issued.

By 2019, no innovations had occurred in federal legislation on the activities of management companies. From June 2, 2016, constituent entities of the Russian Federation and municipalities cannot be participants in the management company.

Requirements for the management company

In accordance with the law on licensing management companies, the latest must meet certain requirements:

Special requirements for the head of the management company:

  • he must have a qualification certificate;
  • work in the position must be a permanent place of work;
  • no criminal record at the time of submitting the licensing application.

Where to apply to obtain a license?

The issuance of licenses for the ability to manage and maintain an apartment building is carried out through the interaction of two structures:

  1. State housing supervision of a constituent entity of the Russian Federation.
  2. Regional licensing commission for the management of apartment buildings.

You must submit an application for a license and the necessary documents at the first instance. Goszhilnadzor reviews the submitted documentation and transmits a conclusion to the licensing commission based on the results of the review.

If the conclusion is positive, then the commission a decision is issued to issue a license to the management organization. On its basis, the Housing Supervision issues a license, which is then issued by the Criminal Code.

What documents will be required?

Together with application for a license For a management company in the housing and communal services sector, the following documentation must be submitted to the territorial body of Goszhilnadzor:

All documents must be submitted as notarized copies. Internal company documents, such as an appointment order, can be certified with a seal.

If the premises where the management company is located is not its property, then along with the certificate of the real owner, you must provide a concluded lease agreement.

Passing the qualifying exam

Before proceeding directly to obtaining a license, the head of the management organization must pass a qualification exam.

If this stage is completed successfully, the manager receives a qualification certificate. The presence of this document in the hands of the person heading the management company is the main condition for successfully completing the licensing procedure.

The exam involves testing knowledge and requirements of Russian legislation requirements for carrying out business activities related to the management of apartment buildings.

To be allowed to take the exam, you must submit an application to the territorial office of the Housing Inspectorate or directly to the licensing commission.

It is submitted personally by the head or through a representative with a power of attorney. In any case, you need to have an identity card (passport) with you.

The exam itself has computer testing form. A total of 200 questions have been prepared for the exam. For testing, the program selects 100 random ones.

The specialization of the questions is very narrow; to answer them correctly you need to have fairly deep knowledge in the field of housing and communal services.

The passing score is 86% . Allotted for testing 2 hours.

Subject to successful passing of the exam, the manager receives a qualification certificate valid for 5 years.

Total licensing period and cost

Everyone still had to go through licensing until the beginning of May 2015. Newly created companies are also required to go through this procedure.

From the moment the application for licensing is submitted to the territorial body of the Housing Inspectorate until the receipt of a license, no more than 30 days should pass.

This is exactly the period allotted to the Housing Inspectorate and the Licensing Commission to evaluate the documents provided and make a decision on the licensee.

Each management company undergoes licensing once during its entire activity. Received the license is valid for an indefinite period.

Subclause 134 of clause 1 of Article 333.33 of the Tax Code of the Russian Federation indicates the amount of the state duty for obtaining a license by management companies in the amount of 30,000 rubles (for 2019). The certification exam for managers of organizations managing apartment buildings is free of charge.

Reasons for refusal to issue a license and what to do in this case?

The reasons for a possible refusal to license a management company are indicated in the Housing Code of the Russian Federation. The legislation states that this may happen if:

  1. A person holding a leadership position in a management organization has an unexpunged (unexpunged) conviction for especially serious, grave, moderate and economic crimes.
  2. If the manager has not passed the qualification exam and received a certificate.
  3. The director of the company is included in the register of disqualified persons.

A license will not be issued if the management company has not taken any measures within a year in relation to three (or more) instructions received from the State Supervision Authorities in the field of housing and communal services.

Companies that have foreign registration, as well as those organizations that are in the process of liquidation or bankruptcy.

As practice shows, licenses are most often denied to organizations that do not comply with the provisions of the Housing Code of the Russian Federation (Part 10, Article 161) in the field of information disclosure.

Companies are reluctant to comply with this requirement, despite the fact that it is a sine qua non of licensing.

As a conclusion, it is worth saying that the conduct of activities by a management company without obtaining a license is illegal and leads to administrative liability.

In this case, a fine is imposed on both the legal entity and the head of the organization. Goszhilnadzor carries out continuous monitoring of the activities of management organizations in the housing and communal services sector.

Affordable housing and communal services - how the process of licensing management companies works in Russia

The video shows how the licensing procedure for management companies in the housing and communal services sector works in practice.

It is explained how this procedure is regulated, what form the process of obtaining a license to operate a management company takes, what documents are required for this, what steps need to be taken step by step to obtain permits.

Since 2015, all organizations managing multi-storey buildings are required to obtain licenses. In this article we will look at how such permits are issued and what requirements licensees must meet. In order for the material to be useful not only to new, but also to existing operating institutions, we will study the mechanisms used in practice for revoking licenses.

The need to license a management company is enshrined in the Housing Code of the Russian Federation - these changes appeared in Article 7 of the Federal Law-255 dated July 21, 2014. A management company that starts operating without a license will be fined up to RUR 250,000. (Part 1 of Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation).

To obtain a license you need:

  • comply with license conditions;
  • pay the state fee;
  • Submit an application and necessary papers.

Who needs to obtain a license to manage apartment buildings?

Organizations that will service high-rise buildings must undergo a licensing procedure on the basis of a management agreement concluded with residents. Any management company needs such a license, even if it plans to work with only one house. It must be understood that the object of licensing is not the management company itself, but its activities in managing multi-storey buildings.

HOAs and various housing cooperatives do not need to obtain a license.

Agreements may be concluded with the organization, stipulating that it will only repair and maintain common property. This happens, for example, when an apartment building is directly managed by its residents. In this situation, the company does not need a license to operate, since there are no management agreements and it is not considered a manager.

Take the qualification test for managing apartment buildings

This test is intended to prepare for passing the qualification exam by officials of the management organization applying for a qualification certificate.

An individual entrepreneur can also act as a management company if he is involved in managing houses. Both private and public educational institutions must be licensed, and the procedure for going through these procedures will be exactly the same for them.

The introduction of the practice of paying residents for utilities directly to resource officers significantly affects the work of management companies. However, this does not change the rules for obtaining permits. The management company continues to collect funds for housing services and fully manage the apartment building, which means it needs a license. It is not issued for a specific house, so when servicing a large number of objects, the permitting authority will have only one.

Managers of management organizations regularly issue qualification certificates, and many confuse receiving these papers with obtaining a license. In fact, the certificate is only one of the conditions for the future issuance of a license.

Collection of information for licensing

Regional State Housing Inspections are responsible for issuing licenses for the management of apartment buildings. This is indicated in paragraph 2 of the Regulations introduced by the RF PP No. 1110 dated 10.28.14. A licensing commission is being created in the region to consider applications for permits.

The candidate first needs to clarify the location and operating procedure of the State Property Committee and the commission, as well as study the regulations defining the licensing procedure. The departments of the State Housing Inspectorate have their own websites, and some useful information can be found there. To clarify certain unclear issues, a representative of the management company can personally go for a consultation with the licensing authority.

License requirements

To successfully license the management of apartment buildings, you must ensure that the company meets the established requirements.

Licensing requirements are enshrined in Article 193 of the RF Housing Code. Let's list them:

  • Only organizations and individual entrepreneurs with Russian registration can manage high-rise buildings;
  • the official of the management company has a qualification certificate;
  • if the official had a criminal record, then it must be removed or expunged;
  • the responsible person of the management company is not included in the list of managers subject to disqualification;
  • the applicant has not previously received a license to carry out activities related to the management of apartment buildings, which has now been revoked;
  • the candidate follows the rules for disclosure of information in accordance with the Disclosure Standard prescribed in Part 3 of Article 5 of Federal Law No. 469;
  • the candidate follows the rules for posting information in the GIS Housing and Communal Services;
  • the provisions of Part 2.3 of Article 161 of the RF LC are fulfilled;
  • the candidate fulfills the obligations of the agreement to manage a high-rise building.

Amount of state duty

To obtain a license to manage apartment buildings, you must pay a state fee of 30,000 rubles. Its size is fixed in Article 333.33 of the Tax Code of the Russian Federation (clause 134 of part 1).

If the management company reissues the license, then the state duty will be significantly lower - 5,000 rubles.

Submitting an application

The application must be drawn up in the prescribed form and signed by the head of the management company. As an attachment, you must submit photocopies of the following documents:

  • constituent documentation of the organization with certification from a notary (for legal entities);
  • the qualification certificate received by the responsible person;
  • order for this responsible person to receive his position.

An inventory of the attached papers is also made.

Application processing time

The package of documents is reviewed within 30 working days from the date of its submission. If there is a special need, this period is extended for another 30 days.

Why the application may be returned

Sometimes applications for a license to operate an apartment building are returned. The procedure provided for by Federal Law 99 applies here.

The issuing authority decides within three working days from the date of submission of documents whether it will:

  • review the application;
  • return papers due to their non-compliance with existing requirements (indicating the reasons for the return).

A candidate for obtaining a license needs thirty days in advance:

  • re-issue the application with the elimination of shortcomings;
  • provide all missing supporting documents.

If these conditions are not met, the application will be returned to the applicant.

Issuance of a license

If the decision is positive, the licensing authority issues an order to grant the candidate a license to manage apartment buildings. After this, it is sent to the licensee:

  • personally;
  • by registered mail;
  • electronic document, if the applicant asked to respond in this form.

Why can they refuse to issue a license?

Part 2 of Article 194 of the RF Housing Code specifies the reasons for such a refusal:

  • detected non-compliance with licensing conditions;
  • unreliability or distortion of information in the documents submitted by the candidate.

The applicant has the right to appeal the refusal. If he proves the unfoundedness of such a decision of the licensing commission, then its responsible persons may be fined in the amount of 50,000-100,000 rubles under Article 19.6.2 of the Code of Administrative Offenses of the Russian Federation.

After refusal, the management organization has the right to resubmit papers to obtain a license to manage apartment buildings. The number of such attempts is not limited by law. After failure, you can correct the deficiencies found and apply again. In this case, it is necessary to maintain contact with the residents of the house, the management of which is supposed to begin after receiving the necessary permits. If apartment owners, in the process of resolving bureaucratic issues by the management company, choose another company, then this apartment building will not be able to be included in the register of licenses.

How licenses are revoked

The licensing mechanism was introduced by the state in order to obtain a more effective tool for influencing unscrupulous management companies. If the management company violates the rules, then she can either be removed from management or even removed. At the same time, the organization is not deprived of all houses at once - it stops working only with high-rise buildings in which inspectors found violations. The UO is removed by:

In order for the State Housing Property Inspectorate to have a reason to exclude a multi-storey building from the register, the Criminal Code must violate two of its instructions. When such grounds arise, the State Housing Inspectorate reports them to local authorities. Representatives of the authorities inform the owners, who have the right to hold a meeting to make a decision on maintaining relations with the management company, despite the shortcomings in its work. When such a decision is made, the protocol must be transferred to the State Housing Authority (in the form of a copy) within 3 working days from the date of its execution. If the State Housing Inspectorate does not receive the protocol, then the data on the apartment building is excluded from the register of management licenses.

A management organization may lose the permits issued to it and completely lose the opportunity to work in the market if:

  • more than 15 percent of the homes it serves are removed from the register;
  • More than two violations of work rules are detected in 1 year.