Licensing requirements for management organizations for managing apartment buildings. Licensing requirements for management organizations for managing apartment buildings What not to do during the exam

To obtain a license, legal entities and individual entrepreneurs must be registered only on the territory of the Russian Federation; a license will not be issued to organizations registered on the territory of foreign states.

Activities for managing an apartment building - performing work and (or) providing services for managing an apartment building on the basis of an apartment building management agreement.

Licensing of activities for the management of apartment buildings - state housing supervision bodies of the constituent entity of the Russian Federation

Document review period with the licensing authority is 30 days from the date of submission of the full set of documents

License validity period- indefinitely

State duty (license fee): 30,000 rubles

License cost from 70,000, and is also calculated additionally, depending on the degree of readiness of the documents (payment is made in stages based on the contract for the provision of services).

The organization receives a housing and communal services license in the region of the Russian Federation where it intends to operate. In case of expanding the scope of activity into the housing and communal services of another constituent entity of the Russian Federation, the company must apply to the licensing commission of that region to obtain the appropriate housing and communal services license.

The licensing 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;

3) the official of the licensee, the official of the license applicant does not have an unexpunged or outstanding conviction for crimes in the economic sphere, for crimes of moderate gravity, serious and especially serious crimes;

4) the absence in the register of persons who exercised 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 has been applied 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;

6) compliance by the licensee with the requirements for disclosure of information established by Part 10 of Article 161 of this Code.

List of documents for a housing and communal services license

1.​ Charter, notarized copy;

2.​ Memorandum of association (if any), notarized copy;

3.​ Certificate of state registration of the organization, notarized copy;

4.​ Certificate of registration of the organization with the tax authority, notarized copy;

5.​ Certificate of State Registration of Changes (GRN) - if appropriate changes were made, a notarized copy;

6.​ Decision or protocol on creation, a copy certified by the signature of the head and the seal of the organization;

7.​ Decision or protocol on appointment to the position of manager, a copy certified by the signature of the head and the seal of the organization;

8.​ Decision or protocol on amendments to the constituent documents, a copy certified by the signature of the head and the seal of the organization;

9.​ Order on the appointment of a manager, a copy certified by the signature of the manager and the seal of the organization;

10. Extract from the Unified State Register of Legal Entities, no older than 1 month, original;

11.​ Original payment order with a note from the bank confirming payment of the fee for issuing the license form - 30,000 rubles;

12.​ Certificate of advanced training for the head of an organization.

13.​ Power of attorney for representation of interests;

14. Inventory of documents in 2 copies.

Qualification certificate

1. An official, officials of a licensee are required to have a qualification certificate.

2. 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 determining the results of the qualification exam, the procedure for conducting the qualification exam, the list of questions offered to the applicant at the qualification exam are established by the federal executive body authorized by the Government of the Russian Federation.

3. There is no fee charged to the applicant for taking the qualifying exam.

4. An applicant whose information is not contained in the register of disqualified persons is allowed to take the qualifying exam.

5. 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.

6. The qualification certificate is issued for a period of 5 years.

Our services " License for the management of apartment buildings" include:

1. consultation with a specialist on the issue of obtaining a license and the list of documents that need to be collected;

2.​ legal examination of documents submitted by the Client for compliance with licensing requirements;

4.​ preparation of a package of documents necessary to obtain a license (application, orders, forms, etc.);

5. Submitting a package of documents signed by the license applicant to the licensing authority;

6.​ receiving a document confirming the acceptance of a package of documents for consideration;

7.​ monitoring the passage of licensing procedures, interaction with the licensing authority when checking the license applicant for compliance with licensing requirements and on-site inspection (if necessary);

8.​ assistance in eliminating expert comments (if any).

9.​ obtaining a license and transferring it to the Client.

Responsibility for lack of a housing and communal services license

Article 14.1.3. Carrying out business activities for managing apartment buildings without a license

1. Carrying out entrepreneurial activity in the management of apartment buildings without a license to carry it out, if such a license is required, -

entails the imposition of an administrative fine on officials in the amount of 50,000 to 100,000 rubles or disqualification for up to 3 years; for individual entrepreneurs - from 150,000 to 250,000 rubles or disqualification for up to 3 years; for legal entities - from 150,000 to 250,000 rubles.

2. Carrying out business activities for the management of apartment buildings in violation of licensing requirements, except for the cases provided for in Article 7.23.1 of this Code,

On July 21, 2014, the President of the Russian Federation signed, which introduced amendments to the RF Housing Code in terms of establishing the mandatory licensing of activities for managing apartment buildings. As one of the requirements for licensees and license applicants, it is established that an official has a licensee/license applicant. Let's try to figure out who should be such an official?

Who is licensed?

First, I would like to remind you which organizations are subject to licensing.

According to clause 1 of Article 192 of the Housing Code of the Russian Federation “ MKD management activities are carried out by management organizations on the basis of a license..." Clause 2 of Article 192 of the RF Housing Code establishes that “ Activities for the management of apartment buildings are understood as the performance of work and (or) provision of services for the management of apartment buildings on the basis of a contract for the management of apartment buildings».

As is known, HOAs and housing cooperatives, which are non-profit organizations, are not management companies; they are not charged with the obligation to conclude management agreements. Article 162 of the Housing Code of the Russian Federation directly establishes that a management agreement is concluded with a management organization (the second party to the agreement is the owners of the premises, or those representing the interests of the owners of the HOA or housing cooperative).

Homeowners' associations and housing cooperatives can manage an apartment building independently, without a management organization. In this case, they can enter into agreements with the owners of the premises for the maintenance and repair of common property, for the provision of utilities ( analogues of management contracts, but still not management contracts!).

Thus, Only management organizations are subject to licensing(including individual entrepreneurs) managing houses on the basis of a management agreement. Homeowners' associations and housing cooperatives are not subject to licensing!

Who is certified?

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Note: the explanations of this section of the article have lost their relevance due to the entry into force on July 30, 2017, which, among other things, amended clause 2, part 1, article 193 of the RF Housing Code, namely: the presence of a qualification certificate has been established as one of the licensing requirements " the sole executive body of a legal entity, the head of a legal entity or its branch or an individual entrepreneur managing an apartment building, and in the event of concluding an agreement on the transfer of powers of the sole executive body - the sole executive body of the legal entity or individual entrepreneur to whom such powers have been transferred.”

However, the legislation of the Russian Federation does not establish the obligation to certify company managers! The Housing Code of the Russian Federation states that certification must be carried out officials of license applicants. The same norm of the RF Housing Code is referred to by the RF PP dated October 28, 2014 N1110, without additional clarification of who exactly may be an “official of the license applicant.” There are also no explanations in the Order of the Ministry of Construction of Russia dated October 28, 2014 N659/pr, which approved the Procedure for conducting the qualification exam.

Thus, An official of a licensee/license applicant does not have to be the head of the organization!

Let us explain the logic of the legislator who approved just such a provision using an example.

In a number of municipalities of the Russian Federation, there are city-forming enterprises, which can be large metallurgical, oil, mining, agricultural and other enterprises. In Soviet times, such enterprises very often carried out, among other things, maintenance of the entire infrastructure of the settlements on the territory of which they operated. This included maintaining heating networks, servicing apartment buildings, etc. Many of these enterprises were the main consumer of water, heat, and electricity; many of them have, for example, their own boiler houses, which provide hot water not only to their own enterprise, but to the entire settlement.

After the liquidation of the USSR, a number of such enterprises continued to deal with housing and communal services issues, highlighting the corresponding departments in their composition: for example, divisions servicing boiler houses began to perform the functions of the RSO, divisions carrying out the maintenance and routine repair of apartment buildings began to perform the functions of the management authority. Over time, with the advent of the regulatory framework regulating the activities of housing organizations, appropriate changes were made to the Charter and other documents of the enterprise, and by 2014 such enterprises can be represented in the form of a holding company carrying out various types of activities, including MKD management. At the same time, the enterprise could remain a single legal entity, without separating legal entities from its composition for the implementation of certain types of activities (including activities related to the management of apartment buildings).

We can consider an example in which the head of a certain housing and communal services department of a city-forming enterprise is a super professional who ensures high quality management of apartment buildings. It is necessary to take into account that with the huge turnover and profitability of the entire enterprise as a whole, the housing and communal services department has a powerful financial resource that allows it to ensure high quality work even in conditions of high non-payments and other financial losses. The presence of a boiler house within the same enterprise allows us to transfer the rather complex problematic relations “UO - RSO” into the framework of interaction between divisions of one company.

Now let’s imagine that the head of the company is required to undergo certification and receive a qualification certificate. But the main profile of the enterprise is not housing and communal services. Let's assume this is a metallurgical enterprise, the general director of which has been involved exclusively in metallurgy for several decades. And this honorary metallurgist, honored worker of Russian metallurgy, is offered to take an exam on knowledge of housing legislation. The probability that he will not pass such an exam is quite high.

The consequences seem quite dire, and, first of all, for the residents of the settlement. Due to the loss of the city-forming enterprise's right to carry out activities to manage apartment buildings, the local government body will hold a competition to select a management entity, or the owners of the premises will hold a general meeting and elect a management entity. The selected MA will no longer have the resources of the city-forming enterprise; in addition, problems will inevitably arise for the new MA and for this very enterprise, which will now act as a RSO. And even when employees of the housing and communal services department of the city-forming enterprise move to a new management organization, a serious management crisis is possible due to a change in the structure and work system. Etc. and so on.

In the given example, it is much more logical to certify the head of the housing and communal services department, who with a high probability will pass the exam, receive a certificate and continue to manage the management of apartment buildings, remaining part of the city-forming enterprise with its enormous financial, labor, and administrative resources.

And the law on licensing activities for managing apartment buildings (255-FZ of July 21, 2014) does not violate this logic.

So, according to Article 193 of the Housing Code of the Russian Federation, in order to obtain a license to manage an apartment building, you must have a qualification certificate of an official ( not necessarily a leader! ).

To understand what requirements are imposed on applicants for obtaining a qualification certificate, an analysis of the legislation seems to be the most correct.

Distance learning center "AKATO" offers
applicants for a qualification certificate
(officials of license applicants,
responsible for the management of apartment buildings)
use a special Internet service
in preparation for the qualifying exam

Rights and obligations

license applicants, licensees and officials of divisions of the licensing authority

Rights and obligations of officials of divisions of the licensing authority during the implementation.

Officials of the Main Directorate of the Ministry of Emergency Situations of Russia for the constituent entities of the Russian Federation, special units performing state functions (hereinafter referred to as officials of the divisions of the licensing body), when performing state functions, are obliged to:

timely and fully implement the powers granted in accordance with the provisions to prevent, identify and suppress violations of licensing requirements;

when conducting an inspection as part of the performance of a state function, comply with the legislation of the Russian Federation, the rights and legitimate interests of the licensee;

carry out an inspection on the basis of an order from the head (deputy head) of the Main Directorate of the Ministry of Emergency Situations of Russia for a constituent entity of the Russian Federation, a special unit on its conduct (hereinafter referred to as the order on conducting an inspection) in accordance with its purpose;

carry out an inspection only during the performance of official duties, and an on-site inspection only upon presentation of official identification and a copy of the order to conduct the inspection;

carry out verification in accordance with the principles of legality and the presumption of good faith;

not prevent the licensee (another person authorized by him) from being present during the inspection and giving explanations on issues related to the subject of the inspection;

provide the licensee (another person authorized by him) during the inspection with information and documents related to the subject of the inspection;

familiarize the licensee (another person authorized by him) with the results of the inspection;

take into account, when determining the measures taken in response to detected violations, the compliance of these measures with the severity of the violations, their potential danger to life, human health, animals, plants, the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, for the occurrence of emergencies of a natural and man-made nature, and also to prevent unreasonable restriction of the rights and legitimate interests of the licensee;

request from licensees, receive from them information and documents that are necessary to conduct an inspection and the presentation of which is provided for by the legislation of the Russian Federation;

issue orders to licensees to eliminate identified violations of licensing requirements;

apply measures to suppress and bring the perpetrators of their commission to justice in the manner established by the legislation of the Russian Federation;

prove the validity of their actions when they are appealed by licensees in the manner established by the legislation of the Russian Federation;

comply with the deadlines for conducting the inspection established by Federal Law No. 294-FZ of January 1, 2001 “On the protection of the rights of legal entities and in the exercise of state control (supervision) and municipal control”;

not to demand from the licensee documents and other information, the presentation of which is not provided for by the legislation of the Russian Federation;

before starting an on-site inspection, at the request of the licensee (another person authorized by him), familiarize him with the provisions of these Administrative Regulations;

record the inspection performed in the inspection log.

When checking the compliance of licensees with licensing requirements, officials of divisions of the licensing body do not have the right to:

verify compliance with mandatory requirements that are not related to the requirements in the field of licensed activities;

carry out a scheduled or unscheduled on-site inspection if the licensee (another person authorized by him) is not present during the inspection;

demand the presentation of documents and information if they are not the objects of inspection and do not relate to the subject of inspection, as well as seize the originals of such documents;

disseminate information obtained as a result of the inspection and constituting a state, commercial, official, or other secret protected by law, except for cases provided for by the legislation of the Russian Federation;

exceed the deadlines for conducting an inspection established by Federal Law No. 294-FZ of January 1, 2001 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”

When carrying out inspections of licensees' compliance with licensing requirements, officials of divisions of the licensing body have the right to request documents and information necessary for the implementation of state functions.

Rights and obligations of the licensee in respect of whom control (supervision) measures are carried out

When conducting an inspection, the licensee (another person authorized by him) has the right:

be present during the inspection, give explanations on issues related to the subject of the inspection;

receive from officials of the divisions of the licensing authority conducting the inspection information that relates to the subject of the inspection and the presentation of which is provided for by the legislation of the Russian Federation;

familiarize yourself with the results of the inspection and indicate in the inspection report your familiarization with the results of the inspection, agreement or disagreement with them, as well as with individual actions of officials of the divisions of the licensing body conducting the inspection;

appeal against the actions (inaction) of officials of the divisions of the licensing body conducting the inspection, which entailed a violation of the rights of the licensee during the inspection, in administrative and (or) judicial proceedings in accordance with the legislation of the Russian Federation.

When conducting a documentary check, the licensee (another person authorized by him) is obliged to provide officials of the divisions of the licensing body conducting the documentary check with information and documents related to the installation, maintenance and repair of building and structure support equipment.

When conducting an inspection, the licensee (another person authorized by him) is obliged to:

provide officials of the divisions of the licensing authority conducting an on-site inspection with the opportunity to familiarize themselves with documents related to the goals, objectives and subject of the on-site inspection, if the on-site inspection was not preceded by a documentary inspection;

provide access to officials of divisions of the licensing body conducting an on-site inspection and experts and representatives of expert organizations participating in the on-site inspection to the territory, buildings, structures, premises, as well as to equipment used by the licensee in the course of carrying out activities;

provide, at the request of officials of the divisions of the licensing authority conducting the inspection, information about the products used and certificates used in the implementation of licensed activities, as well as information about the facilities where the licensee installs, maintains and repairs fire safety equipment for buildings and structures.

Rights, duties and responsibilities of officials of licensing authorities (Article 7 of the Federal Law of 4th N 99-FZ “On licensing of individual”)

1. Officials of licensing authorities, in the manner established by the legislation of the Russian Federation, when carrying out licensing, have the right:

1) request from government bodies, license applicants and licensees, and receive from them information and documents that are necessary for licensing and the submission of which is provided for by the legislation of the Russian Federation;

2) conduct inspections of license applicants and licensees;

3) issue instructions to licensees to eliminate identified violations of licensing requirements;

4) apply measures to suppress and bring those responsible for their commission to administrative responsibility in the manner established by the legislation of the Russian Federation.

2. When carrying out licensing, officials of licensing authorities are obliged to:

1) fulfill in a timely manner and in full the powers granted in accordance with the legislation of the Russian Federation in the field of licensing;

2) comply with the legislation of the Russian Federation, the rights and legitimate interests of license applicants and licensees.

3. When carrying out licensing, officials of licensing bodies in case of improper performance of their duties and in case of committing illegal actions (inaction) bear responsibility in accordance with the legislation of the Russian Federation.

4. Within thirty working days from the date of receipt of information about facts of violation of the legislation of the Russian Federation by officials of licensing authorities when carrying out licensing, licensing authorities are obliged to inform legal entities or individual entrepreneurs whose rights and legitimate interests have been violated, about the measures taken against those responsible for such violations by officials.

Responsibility of officials of the licensing authority

for decisions and actions taken by them in the course of providing the service

4.9. Violation by an official of the procedure for providing a public service, resulting in the failure to provide a public service to the applicant or the provision of a public service to the applicant in violation of the established deadlines, except for the cases provided for in paragraph 4.11 of the regulations, if these actions (inaction) do not contain a criminal offense -

entails a fine on the official in the amount of three thousand to five thousand rubles.

4.10. Demand by an official of documents and (or) payment not provided for by federal laws and other normative laws of the Russian Federation adopted in accordance with them, if these actions do not contain a criminal offense -

shall entail the imposition on the official of an administrative fine in the amount of five thousand to ten thousand rubles.

4.11. Violation by an official vested with the authority to consider complaints about violations of the procedure for providing a state or municipal service, the procedure or deadlines for considering a complaint, or the illegal refusal or evasion of the said official from accepting it for consideration -

shall entail the imposition on the official of an administrative fine in the amount of twenty thousand to thirty thousand rubles.

The licensing authority does not have the right to require the applicant to take actions, including approvals, necessary to obtain a public service and related to applying to other government bodies and organizations, as well as:

1) submission of documents and information that are at the disposal of bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies participating in the provision of those provided for in Part 1 of Article 1 of the Federal Law dated 01.01.01 N 210-FZ "On the organization of the provision of state and municipal services" state and municipal services, in accordance with acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts, with the exception of documents included in the specified part 6 Article 7 of the Federal Law of 01.01.01 N 210-FZ “On the organization of the provision of state and municipal services” list of documents. The applicant has the right to submit the specified documents and information to bodies providing public services and bodies providing municipal services on his own initiative;

2) carrying out actions, including approvals, necessary for obtaining state and municipal services and related to contacting other state bodies, local governments, organizations, with the exception of receiving services and obtaining documents and information provided as a result of the provision of such services, included to the lists specified in Part 1 of Article 9 of the Federal Law of January 1, 2001 N 210-FZ “On the organization of the provision of state and municipal services.”

3. The implementation of the powers provided for by the Regulations on licensing business activities for the management of apartment buildings, the Regulations on maintaining a register of disqualified persons of management organizations and the Regulations on monitoring compliance with the requirements for licensing activities for the management of apartment buildings, approved by this resolution, is carried out by the Ministry of Construction and Housing public utilities of the Russian Federation within the limits established by the Government of the Russian Federation of the maximum number of employees of the Ministry and budgetary allocations provided for the Ministry in the federal budget for leadership and management in the field of established functions.

4. The Ministry of Construction and Housing and Communal Services of the Russian Federation shall approve:

the procedure for conducting a qualification exam, the procedure for determining the results of a qualification exam, the procedure for issuing and canceling a qualification certificate, the procedure for maintaining a register of qualification certificates, the form of a qualification certificate and the list of questions offered to the applicant at the qualification exam;

methodological instructions on the procedure for the formation and activities of the 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;

methodological recommendations for the development of administrative regulations for the provision of public services for licensing business activities for the management of apartment buildings, including sample forms of documents used in licensing business activities for the management of apartment buildings;

methodological recommendations for the development of administrative regulations for the execution of the state function of licensing control by the state housing supervision body of a constituent entity of the Russian Federation.

within 2 months from the date of approval of the methodological recommendations specified in paragraphs four and five of clause 4 of this resolution, approve the administrative regulations for the provision of state services for licensing business activities for the management of apartment buildings and the administrative regulations for the execution of the state function of licensing control by the state housing supervision body subject of the Russian Federation;

no later than January 1, 2015, ensure the possibility of submitting and receiving documents on licensing issues in accordance with the Federal Law “On Licensing of Certain Types of Activities” in the form of electronic documents signed with an electronic signature, using public information and telecommunication networks, including the federal state information system "Unified portal of state and municipal services (functions)".

Position
on licensing of business activities for the management of apartment buildings
(approved by resolution

With changes and additions from:

1. These Regulations establish the procedure for licensing business activities for the management of apartment buildings carried out by the management organization.

2. Licensing of business activities for the management of apartment buildings is carried out by the state housing supervision authorities of the constituent entity of the Russian Federation (hereinafter referred to as the licensing authority).

3. Licensing requirements for the licensee, in addition to the requirements provided for by the Housing Code of the Russian Federation, are the following requirements:

b) fulfillment of obligations under the management agreement for an apartment building, provided for in Part 2 of Article 162

4. An applicant for a license to carry out business activities for the management of apartment buildings (hereinafter referred to as the license), taking into account the specifics of licensing business activities for the management of apartment buildings established by the Housing Code of the Russian Federation, is subject to the licensing requirements provided for in paragraphs 1 - 5 of part 1 of Article 193 of the Housing Code Russian Federation.

Information about changes:

Resolution

4.1. Gross violations of licensing requirements include:

a) violation of the licensing requirement provided for in subparagraph “a” of paragraph 3 of these Regulations, resulting in harm to the life or serious harm to the health of citizens, which is confirmed by a court decision that has entered into legal force;

b) violation of the licensing requirement provided for in subparagraph "a" of paragraph 3 of these Regulations, in terms of the licensee's failure to conduct strength and density tests (hydraulic tests) of input units and heating systems, flushing and adjustment of heating systems performed for the purpose of proper maintenance of heat supply systems (heating , hot water supply) in apartment buildings;

c) violation of the licensing requirement provided for in subparagraph "a" of paragraph 3 of these Regulations, in terms of failure to conclude, within 30 calendar days from the date of commencement of execution of the apartment building management agreement, contracts for the performance of work for the purpose of proper maintenance of in-house gas equipment systems in accordance with the requirements established Rules for the use of gas in terms of ensuring safety when using and maintaining indoor and intra-apartment gas equipment when providing public gas supply services, approved by Decree of the Government of the Russian Federation of May 14, 2013 N 410 “On measures to ensure safety when using and maintaining intra-house and intra-apartment gas equipment", performing maintenance work, including maintenance and repair of elevators, lifting platforms for the disabled in accordance with the requirements established by the Rules for the safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving walkways) and escalators, with the exception of escalators in subways, approved by Decree of the Government of the Russian Federation of June 24, 2017 N 743 "On the organization of the safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving pedestrian walkways), escalators, with the exception of escalators in subways", except for the case of carrying out maintenance work, including maintenance and repair of elevators, lifting platforms for the disabled, by management organizations independently in accordance with the requirements established by the Rules for organizing the safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving pedestrian walkways) ) and escalators, with the exception of escalators in subways, approved by Decree of the Government of the Russian Federation of June 24, 2017 N 743 “On the organization of the safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving pedestrian walkways), escalators, with the exception of escalators in subways";

d) violation of the licensing requirement provided for in subparagraph “b” of paragraph 3 of these Regulations, in terms of the licensee’s failure to conclude, within 30 calendar days from the date of commencement of the execution of the apartment building management agreement, contracts with resource supply organizations for the purpose of acquiring utility resources consumed in the use and maintenance of common property in an apartment building;

e) violation of the licensing requirement provided for in subparagraph "b" of paragraph 3 of these Regulations, in terms of the licensee having a debt to the resource supply organization recognized by him or confirmed by a judicial act that has entered into legal force in an amount equal to or exceeding 2 average monthly payment obligations under the resource supply agreement , concluded in order to ensure the provision of utility services of the appropriate type to the owners and users of premises in an apartment building and (or) the acquisition of utility resources consumed during the use and maintenance of common property in an apartment building, regardless of the fact of subsequent payment of the specified debt by the licensee;

f) violation of the licensing requirement provided for in subparagraph "b" of paragraph 3 of these Regulations, in terms of refusal to transfer, carried out in cases provided for by the legislation of the Russian Federation, technical documentation for an apartment building and other documents related to the management of such an apartment building, keys to the premises, included in the common property in an apartment building, electronic access codes for equipment included in the common property in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building (hereinafter referred to as the technical documentation for the apartment building and other related with the management of such an apartment building, documents, technical means and equipment), which has assumed obligations to manage the apartment building of the management organization, homeowners' association, housing cooperative, housing construction cooperative, other specialized consumer cooperative, and in the case of direct management of the apartment building by the owners of the premises in such a house to one of the owners specified in the decision of the general meeting of owners of the premises on the choice of method of managing the apartment building, or, if such owner is not indicated, to any owner of the premises in this house, or evasion of the transfer of technical documentation for the apartment building and other related management by such an apartment building of documents, technical means and equipment to the specified persons, or violation of the procedure and deadlines for the transfer of technical documentation to an apartment building and other documents, technical means related to the management of such an apartment building, provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them and equipment;

g) violation of the licensing requirement provided for in subparagraph “d” of paragraph 3 of these Regulations, in terms of the licensee’s failure to terminate the activities of managing an apartment building within 3 days from the date of exclusion of information about such a building from the register of licenses of a constituent entity of the Russian Federation, with the exception of carrying out such activities in accordance with with the provisions of Part 3 of Article 200 of the Housing Code of the Russian Federation;

h) violation of the licensing requirement provided for in subparagraph "b" of paragraph 3 of these Regulations, in terms of violation by the licensee of the requirements for the implementation of emergency dispatch services provided for in paragraph 13 of the Rules for the implementation of activities for the management of apartment buildings, approved by the Decree of the Government of the Russian Federation of May 15, 2013. N 416 "On the procedure for carrying out activities for the management of apartment buildings."

Information about changes:

The regulation was supplemented by clause 4.1 from September 26, 2018 - Decree of the Government of Russia of September 13, 2018 N 1090

Clause 4.2 as amended by the said resolution applies from October 6, 2018.

4.2. If the licensee repeatedly commits, within 12 months from the date of imposition of an administrative penalty for violation of licensing requirements, which is classified as a gross violation of licensing requirements, gross violations of licensing requirements provided for in subparagraphs “a”, “b”, “d”, “d” and “ z" of clause 4.1, part 5.2 of article 198 of the Housing Code of the Russian Federation, information about an apartment building or apartment buildings in respect of which such gross violations of licensing requirements have been committed is subject to exclusion.

If the licensee repeatedly commits, within 12 months from the date of imposition of an administrative penalty for violation of licensing requirements, which is classified as a gross violation of licensing requirements, gross violations of licensing requirements provided for in subparagraphs “c”, “e”, “g” of paragraph 4.1 of these Regulations, from of the register of licenses of a constituent entity of the Russian Federation in accordance with Part 5.2 of Article 198 of the Housing Code of the Russian Federation, information on all apartment buildings in respect of which the licensee carries out management activities is subject to exclusion.

5. To obtain a license, the license applicant sends or submits to the licensing authority an application for a license, drawn up in accordance with Part 1 of Article 13 of the Federal Law "On Licensing of Certain Types of Activities", which also indicates the following information about the license applicant's compliance with the licensing requirements established paragraph 4 of these Regulations:

a) on registration of the license applicant as a legal entity or individual entrepreneur on the territory of the Russian Federation;

b) on the absence of an unexpunged or unexpunged conviction for crimes in the economic sphere, crimes of medium gravity, grave and especially serious ones (hereinafter - the official of the license applicant) serious crimes;

c) about the absence of information about the official of the license applicant in 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 an administrative penalty in the form of disqualification was applied, individual entrepreneurs whose license was canceled and (or) in respect of whom an administrative penalty in the form of disqualification was applied;

d) the absence in the consolidated federal register of licenses of information on the revocation of a license previously issued to the license applicant;

6. The following documents are attached to the application for a license:

a) copies of the constituent documents of a legal entity, certified by a notary (for legal entities);

b) a copy of the qualification certificate of the official of the license applicant;

c) a copy of the order on the appointment of a license applicant to the position of an official;

d) a list of attached documents.

7. Submission by the license applicant of an application for a license and the documents necessary to obtain a license, their acceptance by the licensing authority, return of the application for a license and documents attached to it, issuance of a license, renewal of a license, issuance of a duplicate and copy of a license are carried out in the manner established by the Federal Law "On licensing of certain types of activities".

8. When checking the information contained in the application for a license and documents submitted by the license applicant, as well as checking the compliance of the license applicant with the licensing requirements specified in paragraph 4 of these Regulations, the licensing authority requests the necessary information at the disposal of the bodies providing public services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies, in the manner established by the Federal Law “On the organization of the provision of state and municipal services”.

9. As part of the verification of the information contained in the license application and documents submitted by the license applicant, as well as verification of the license applicant’s compliance with the licensing requirements specified in paragraph 4 of these Regulations, interdepartmental information interaction in accordance with the Regulations by Decree of the Government of the Russian Federation dated September 8 2010 N 697 "On a unified system of interdepartmental electronic interaction", is carried out:

a) with the Federal Treasury to obtain information about the payment of state duty;

b) with the Federal Tax Service to obtain information contained in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs;

c) with the Ministry of Internal Affairs of the Russian Federation to obtain information about the presence (absence) of an official of a license applicant of an unexpunged or outstanding conviction for crimes in the economic sphere, crimes of moderate gravity, serious and especially serious crimes;

d) with the Ministry of Construction and Housing and Communal Services of the Russian Federation to obtain information about the presence (absence) of information about the official of the license applicant 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 for whom the charter or other documents make the licensee responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building and in respect of whom administrative punishment in the form of disqualification has been applied, individual entrepreneurs whose license has been canceled and (or) in respect of whom administrative punishment in the form of disqualification has been applied, as well as about the absence in the consolidated federal register of licenses of information about the revocation of a license previously issued to the license applicant.

10. The adoption by the licensing commission of the decision provided for in paragraph 1 of part 4 of Article 201 of the Housing Code of the Russian Federation and the issuance by the licensing authority of an order to grant a license or to refuse to grant it are carried out in the manner established by the Federal Law “On Licensing of Certain Types of Activities”, taking into account provisions of Articles 194 and the Housing Code of the Russian Federation. The period for issuing an order from the licensing authority, taking into account the time required for the licensing commission to make a decision, cannot exceed 45 working days from the date of receipt of the application for a license and the documents attached to it.

11. Suspension and renewal of the license are not carried out.

12. Cancellation of a license and termination of its validity are carried out in the manner and on the grounds established by the Housing Code of the Russian Federation.

13. The provisions of the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control” and the provisions of the Federal Law “On Licensing of Certain Types of Activities” apply to relations related to the implementation of licensing control. When conducting licensing control, officials of the licensing body have the right, among other things, to issue orders to licensees to eliminate identified violations of licensing requirements, including gross violations of licensing requirements, for carrying out business activities in the management of apartment buildings.

14. Information on licensing of business activities for the management of apartment buildings is posted on the official website of the licensing authority on the Internet, indicating email addresses to which users of this information can send queries on licensing issues.

15. The licensing authority forms and maintains a register of licenses of a constituent entity of the Russian Federation in the manner established by Article 21 of the Federal Law “On Licensing of Certain Types of Activities”, taking into account the specifics of licensing business activities for the management of apartment buildings established by the Housing Code of the Russian Federation. Since May 1, 2015, the formation and maintenance of a register of licenses of a constituent entity of the Russian Federation is carried out in the state information system of housing and communal services.

16. The Ministry of Construction and Housing and Communal Services of the Russian Federation maintains a consolidated federal register of licenses, which includes information about licenses issued by licensing authorities, on the official website of the Ministry in the information and telecommunications network "Internet", and from May 1, 2015 - in the state information housing and communal services system.

17. An application to extend the validity period of a license is submitted to the licensing authority no earlier than 60 working days and no later than 45 working days before the date of expiration of the license.

The decision to extend the validity period of a license is made by the licensing authority, provided that, as a result of an inspection of the licensee, it is established that the deadline for filing an application to extend the validity period of the license has been met, its compliance with the licensing requirements provided for in paragraphs 1 - 6.1 of part 1 of Article 193 of the Housing Code of the Russian Federation, as well as the absence gross violations by the licensee of the licensing requirements provided for in subparagraphs "c" - "d" of paragraph 4.1 of these Regulations, and unfulfilled orders to eliminate gross violations of licensing requirements, the execution period of which has expired on the date of the said inspection. The period for conducting such an inspection cannot exceed 30 calendar days.

18. An application for re-issuance of a license is submitted to the licensing authority no later than 15 working days from the date of the occurrence of the event that is the basis for re-issuing the license in accordance with Part 1 of Article 18 of the Federal Law “On Licensing of Certain Types of Activities”.

19. For the provision or renewal of a license by the licensing authority, as well as for the issuance of a duplicate license, a state duty is paid in the amount and manner established by the legislation of the Russian Federation on taxes and fees.

Position
on maintaining a register of persons who exercised the functions of the sole executive body of a 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 an administrative penalty of disqualification, individual entrepreneurs whose license has been canceled and (or) in respect of whom an administrative penalty in the form of disqualification has been applied
(approved by Decree of the Government of the Russian Federation of October 28, 2014 N 1110)

1. These Regulations establish the procedure for maintaining a register of persons who performed the functions of the sole executive body of a licensee whose license to carry out business activities for the management of apartment buildings (hereinafter referred to as the license) was canceled, as well as persons who are responsible for compliance with the requirements by the charter or other documents of the licensee to ensure proper maintenance of common property in an apartment building and in respect of whom administrative punishment in the form of disqualification has been applied, individual entrepreneurs whose license has been canceled and (or) in respect of whom administrative punishment in the form of disqualification has been applied (hereinafter referred to as the register of disqualified persons of management organizations).

2. The register of disqualified persons of management organizations is publicly available and open, is formed and maintained by the Ministry of Construction and Housing and Communal Services of the Russian Federation on the official website of the Ministry on the Internet information and telecommunications network, and from May 1, 2015 - in the state housing information system -municipal services.

3. The basis for including information in the register of disqualified persons of management organizations is a court decision on the revocation of a license that has entered into legal force or a court decision that has entered into legal force on the application of an administrative penalty in the form of disqualification. The basis for excluding information from the register of disqualified persons of management organizations is the expiration of the period for the information to be in the register of disqualified persons of management organizations, provided for in paragraph 10 of these Regulations, a court decision that has entered into legal force on the cancellation of a court decision on the revocation of a license or on the cancellation of a decision on disqualification or on an amendment type of administrative punishment.

4. If a court decision to cancel a court decision to annul a license (to cancel a decision on disqualification or to change the type of administrative punishment) enters into legal force, a person whose information is included in the register of disqualified persons of management organizations has the right to send it to the Ministry of Construction and Housing -municipal services of the Russian Federation, an application to exclude information about him from the register of disqualified persons of management organizations. The said application must contain information about the name of the court, the grounds, the date of the decision to cancel the court decision to annul the license (to cancel the decision on disqualification or to change the type of administrative punishment) and must be sent by registered mail with return receipt requested or in the form of an electronic document, signed with an electronic signature. The Ministry of Construction and Housing and Communal Services of the Russian Federation verifies the information contained in the said application within 10 working days from the date of its receipt, including by sending a request to the court that made the decision, the information about which is indicated in this application, and if confirmation of their accuracy excludes information about such a person from the register of disqualified persons of management organizations.

5. In order to maintain a register of disqualified persons of management organizations, the Ministry of Construction and Housing and Communal Services of the Russian Federation receives information about court decisions on the revocation of a license that have entered into legal force and about decisions on disqualification specified in paragraph 9 of these Regulations from state housing supervision authorities. The specified information is submitted by the state housing supervision body no later than 5 working days from the day when it became aware of the entry into force of a court decision to cancel a license and (or) a disqualification order, using information and telecommunication networks in the form of an electronic notification signed by authorized for the signing of such notifications by persons using an enhanced qualified electronic signature.

6. In order to ensure the completeness and reliability of the information contained in the register of disqualified persons, the Ministry of Construction and Housing and Communal Services of the Russian Federation has the right to obtain from the Federal Tax Service information about persons in respect of whom there are decisions on disqualification that have entered into legal force, in an interdepartmental manner information interaction in accordance with the Regulations on the unified system of interdepartmental electronic interaction, approved by Decree of the Government of the Russian Federation of September 8, 2010 N 697 “On the unified system of interdepartmental electronic interaction”.

7. If the Federal Tax Service receives information about persons in respect of whom there are disqualification decisions that have entered into legal force, the Ministry of Construction and Housing and Communal Services of the Russian Federation sends a request for confirmation of the received information to the state housing supervision body of the constituent entity of the Russian Federation, to territory of which the court issued a disqualification order. The state housing supervision body is obliged to respond to this request within 3 working days from the date of its receipt.

8. The Ministry of Construction and Housing and Communal Services of the Russian Federation makes an entry in the register of disqualified persons of management organizations no later than the working day following the day the state housing supervision body submits information about the entry into force of a court decision to cancel a license (disqualification order) or confirmation by the state housing supervision body the information contained in the request sent to it in accordance with paragraph 7 of these Regulations.

9. The following information is indicated in the register of disqualified persons of management organizations:

a) last name, first name, patronymic (if any), date and place of birth of the person;

b) the full name and taxpayer identification number of the organization in which the person worked at the time of the commission of the administrative offense or on the date of entry into force of the court decision to revoke the license, as well as the position in which the specified person worked at the time of the commission of the specified offense or on the date of entry the court decision to annul the license into legal force; the procedure for its provision is established by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

12. The deadline for providing information contained in the register of disqualified persons of management organizations is 5 working days from the date of receipt of the corresponding request by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

Position
on monitoring compliance by executive authorities of the constituent entities of the Russian Federation, exercising regional state housing supervision, with the requirements of the Housing Code of the Russian Federation and the Federal Law "On Licensing of Certain Types of Activities" for licensing business activities for the management of apartment buildings
(approved by Decree of the Government of the Russian Federation of October 28, 2014 N 1110)

1. These Regulations establish the procedure for monitoring compliance by executive authorities of the constituent entities of the Russian Federation exercising regional state housing supervision (hereinafter referred to as state housing supervision bodies) with the requirements of the Housing Code of the Russian Federation and the Federal Law “On Licensing of Certain Types of Activities” for licensing business activities for the management of apartment buildings (hereinafter referred to as mandatory requirements).

2. Control over 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.

3. Control over compliance by state housing supervision bodies with mandatory requirements is carried out in the form of scheduled and unscheduled inspections carried out in accordance with these Regulations and the administrative regulations for the execution of the state function of monitoring compliance by state housing supervision bodies with mandatory requirements, approved by the Ministry of Construction and Housing and Communal Services economy of the Russian Federation (hereinafter referred to as verification).

4. Scheduled inspections are carried out in order to verify compliance by state housing supervision bodies with mandatory requirements. A scheduled inspection of the state housing supervision body is carried out no more than once every 3 years.

5. The Ministry of Construction and Housing and Communal Services of the Russian Federation draws up, before December 1 of the year preceding the year of scheduled inspections, an annual plan for conducting scheduled inspections. The annual plan for conducting scheduled inspections is posted on the official website of the Ministry of Construction and Housing and Communal Services of the Russian Federation on the Internet information and telecommunications network.

6. Unscheduled inspections are carried out in order to verify the elimination of previously identified violations of mandatory requirements, as well as in the event that the Ministry of Construction and Housing and Communal Services of the Russian Federation receives complaints about the actions (inaction) of officials of the state housing supervision body when licensing business activities for the management of apartment buildings houses.

7. Inspections are carried out in the form of a documentary inspection or an on-site inspection. Documentary verification is carried out at the location of the Ministry of Construction and Housing and Communal Services of the Russian Federation. An on-site inspection is carried out at the location of the state housing supervision body being inspected.

8. The inspection period cannot exceed 30 working days.

h) start and end dates of the inspection.

10. Officials of the Ministry of Construction and Housing and Communal Services of the Russian Federation, when conducting an inspection, are obliged to:

a) conduct an inspection on the basis of an order of the Minister of Construction and Housing and Communal Services of the Russian Federation on its conduct in accordance with the purpose of the inspection;

b) conduct an inspection only during the performance of official duties, an on-site inspection only upon presentation of official identification and a copy of the order of the Minister of Construction and Housing and Communal Services of the Russian Federation to conduct an inspection;

c) not prevent officials of the state housing supervision body from being present during the inspection and giving explanations on issues related to the subject of the inspection;

d) provide officials of the state housing supervision body present during the inspection with information and documents related to the subject of the inspection;

e) familiarize the head of the state housing supervision body with the results of the inspection;

f) comply with the inspection deadlines.

11. In the process of conducting a documentary check, officials of the Ministry of Construction and Housing and Communal Services of the Russian Federation have the right to demand that the state housing supervision body provide documents confirming compliance with mandatory requirements.

12. When conducting an on-site inspection, officials of the Ministry of Construction and Housing and Communal Services of the Russian Federation have the right to familiarize themselves with documents related to the goals, objectives and subject of the on-site inspection, if the on-site inspection was not preceded by a documentary inspection, and also freely upon presentation service ID and a copy of the order of the Minister of Construction and Housing and Communal Services of the Russian Federation on conducting an inspection to enter the territory and building (structures, structures, premises) of the state housing supervision body.

g) information about familiarization or refusal to familiarize with the inspection report of the head of the state housing supervision body;

h) signatures of the official or officials who conducted the inspection.

14. Based on the results of inspections, in the event of violations of compliance with mandatory requirements, the official of the Ministry of Construction and Housing and Communal Services of the Russian Federation who conducted the inspection is obliged to issue an order to the head of the state housing supervision body to eliminate the identified violations, indicating the time frame for their elimination.

15. The state housing supervision body notifies the Ministry of Construction and Housing and Communal Services of the Russian Federation about measures taken against officials guilty of violating mandatory requirements, as well as about measures taken to eliminate identified violations of mandatory requirements. the day of taking such measures, and also informs in writing organizations, individual entrepreneurs and citizens whose interests have been violated, in the event of an inspection based on a complaint against the action (inaction) of officials of the state housing supervision body.

From May 1, 2015, a management company can carry out its activities in the housing and communal services sector only if it has a license. We will tell you about the conditions for obtaining it, what requirements are imposed on the company and its officials, and whether the company can be deprived of its license.

Licensed activities in the field of housing and communal services

Licensing of management companies is provided for by the Law of July 21, 2014 No. 255-FZ, the Housing Code and other regulations. Obtaining a license is not required if the activity is carried out by housing, consumer cooperatives or homeowners' associations.

Both legal entities and persons registered as individual entrepreneurs can obtain a license.

This document is issued within a month from the date of submission of documents to the State Housing Committee authorities. This time is allocated to conduct an audit of the company and determine whether the submitted documents comply with legal requirements. The State Housing Committee also checks and monitors compliance with licensing requirements.

Licensing of a management company is a one-time action.

The permit is paid, its cost is set by the Government. The license for the right to carry out activities in the housing and communal services sector is unlimited. It cannot be transferred to other persons and is valid only on the territory of Russia.

An integral attribute of the license is an application that indicates the addresses of the apartment buildings where the company operates. In case of changes in the register of apartment buildings, the management company is obliged to notify the State Housing Committee authorities no later than 3 working days. Changes are made to the GZhK website, since this information is open and publicly available.

Concept of licensing requirements

According to clause 3 of the Regulations on licensing business activities for the management of apartment buildings, Resolution No. 1110 of October 28, 2014, licensing requirements imply compliance with the requirements provided for in Part 2 of Article 162 of the Housing Code. According to these requirements, the management company, in the course of its activities, assumes the following obligations:

• for the proper maintenance of collective property on the balance sheet of the apartment building;
• for the proper quality of services and work, for compliance with the requirements of technical regulations and the procedure for maintaining MKD;
• for the proportionality of the quality of services provided to the established requirements.

Requirements for a licensee or applicant

According to Art. 193 of the Housing Code, the following requirements are imposed on the management company that applies for a license (licensee):

• the licensee or applicant is required to register as a legal entity or be an individual entrepreneur in accordance with the laws of the Russian Federation. Persons registered on the territory of foreign states do not receive access to activities related to the management of apartment buildings.
• Company officials must have a qualification certificate.
• The head of the company must not have a criminal record for committing economic or other crimes.
• The register must not include persons who previously performed the function of a licensee and whose license was cancelled, persons to whom administrative punishment (disqualification) was applied, as well as individual entrepreneurs whose license was canceled or administrative punishment (disqualification) was applied.
• The Consolidated Federal Register of Licenses should not contain data on the revocation of a license to manage an MCW.
• Compliance with the requirements for providing data (in accordance with Part 10 of Article 161 of the Housing Code).
• Other statutory requirements.

In addition to the above licensing requirements, the company must be checked for the availability of premises and equipment necessary to carry out activities in the housing and communal services sector. The management company must carry out emergency dispatch services at home both personally and by subcontractors.

In addition, obtaining a license will be impossible in the event of bankruptcy or an open liquidation process of a legal entity applying to manage an apartment building.

Licensing requirements and conditions imposed on an official of a licensee or applicant

In order for a management company to be admitted to licensing, its manager must pass a free exam, which is administered by a permanent regional commission. The list of examination questions is approved at the legislative level.

After passing the examination for suitability for the position held, the manager receives a certificate (the latter is valid for 3 years). Only if the official has a qualification certificate, the company will be able to apply for a license.

• The following licensing requirements and conditions exist for management companies:
• the person must not have a criminal record for economic crimes (unexpunged or expunged);
• disclose information about work in the manner prescribed by law;
• have a qualification certificate for the position held

Responsibilities of the management company

The obligations of the management company are stipulated by the agreement, on the basis of which the company, at the request of residents, management bodies of the HOA, housing cooperative or other cooperative, for a certain period and for a fee, assumes the following obligations:

• carry out work or provide services necessary in the process of managing the house;
• carry out work or provide services related to the proper maintenance and repair of collective property;
• provide housing and communal services to persons living in the house;
• carry out, in agreement with the owners of the apartments in the building, activities related to improving the management of apartment buildings.

Violations of licensing requirements

In order to increase the responsibility of management companies, the law provides grounds for revocation of a license.
Loss of the right to manage a house is failure to comply with the instructions of state housing inspection authorities 2 or more times during the year. Gross violations of licensing requirements are also grounds for depriving the management company of permission to operate.

In addition, the license is canceled if the total number of apartment buildings in the register attached to the license is reduced by 15% or more in a year.

A license can be revoked only in court and by decision of the State Housing Authority. In case of cancellation or cancellation of the license, the company continues to perform its functions of managing apartment buildings until the new management company becomes obligated. A new management company is selected at a general meeting of owners of apartments in apartment buildings or on the basis of a public competition held by local authorities.

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SRO and license

If we are members of an SRO, do we need a license?

Sergey 06/03/2019 14:38

Good afternoon Since 2010, in connection with the abolition of state licensing for construction, organizations whose activities are related to engineering surveys, construction and design are required to join self-regulatory organizations and obtain SRO approval to carry out these works.

When opening a construction company, whose activities are not limited to the sphere of cottage and low-rise construction, or even ordinary painting and plastering work, a businessman is faced with the need to join an SRO and pay a rather large fee. Naturally, the question arises: what is an SRO and why is it needed?

SROs are self-regulatory organizations whose function is to:

Development and approval of requirements for the issuance of certificates of admission to work that affects the safety of capital construction projects;

Issuance of certificates of admission to these works;

Monitoring the implementation of control rules in the field of urban planning legislation, regulatory and technical documentation;

Establishment of systems of disciplinary measures for non-compliance by SRO members with the requirements for the issuance of certificates of admission and control rules in the field of self-regulation.

The list of works for which it is necessary to have an SRO permit was approved by Order of the Ministry of Regional Development of Russia dated December 30, 2009 No. 624.

Illegal entrepreneurship in accordance with Article 171 of the Criminal Code of the Russian Federation, including the performance of work included in the List, without an admission certificate, entails administrative or criminal liability.

Therefore, those who want to engage in serious construction activities must join an SRO, because buying a permit is simply not realistic.

Saibotalov Vadim Vladimirovich 03.06.2019 15:27

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Hello! Either SRO or license. Since 2010 only SRO.

Fedorova Lyubov Petrovna 04.06.2019 08:55

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