Licensing of management organizations. Functions of state housing supervision

Law on licensing a management company in housing and communal services

The gradual reform of the housing and communal services system also affected management companies. Since September 2014, a requirement to carry out a licensing procedure for each management company was introduced. The deadline for these activities was set for May 2015. From now on, servicing an apartment building without a license is not allowed.

The rules for licensing management companies are regulated by Federal Law No. 255-FZ. In addition, the details of the procedure are recorded in Government Decree No. 1110. The validity of the licensing document will apply exclusively to the territory of one region.

Licensing of the activities of management organizations takes into account the following circumstances:

• only a legal entity registered with the Federal Tax Service can act as an applicant for a permit;
• The license is issued without specifying the deadline for its validity, i.e. indefinitely;
• the terms of use of the license provide for a simplified procedure for its cancellation - this requires at least three orders from the supervisory authority about identified violations within one year.

Note! Information about the issued license will be entered into the federal register. This will allow the organization to take part in municipal competitions for the selection of a management company and enter into contracts for the maintenance of the common property of an apartment building.

The license will allow you to perform the full range of works and services related to the maintenance of the building and surrounding area. The lists of these works are approved by housing legislation. Owners of apartment buildings have the right to independently determine the range of additional services. For this purpose, general meetings are held and appropriate decisions are made.

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Licensing procedure for management companies in the housing and communal services sector

The activities of management companies are subject to mandatory licensing. This requirement became mandatory in September 2014.

The issuance of licenses is carried out by the state housing supervision based on the decision of the licensing commission, which is created at the level of the constituent entity of the Russian Federation.

Mandatory conditions for carrying out housing and communal activities:

• the manager has a certificate of passing a qualification exam;
• staff required to maintain houses;
• material and technical equipment;
• lack of instructions from housing supervision authorities;
• form of organization: legal entity or individual entrepreneur;
• the organization must not be in the process of liquidation or bankrupt;
• information about the company's activities must be completely open.

There are separate requirements for the manager:

• successful passing of the qualifying exam;
• no criminal record;
• absence from the list of disqualified persons;
• permanent employment in a management position in the management company.

Licensing the activities of management organizations is a public process. The validity period of the qualification certificate is 5 years. An application for passing the exam is submitted to the housing inspectorate or directly to the licensing commission. The exam consists of 200 questions, and you must answer at least 86% correctly.

Important!

Taking the exam is free.

Documents for obtaining a license:

• statement;
• constituent documents of a legal entity;
• extract from the Unified State Register of Legal Entities;
• order on the appointment of a manager;
• copies of employee work books and diplomas;
• certificate of registration with the tax authority;
• certificate of completion of advanced training courses for a manager;
• certificate of ownership or lease agreement for non-residential premises;
• documentation for technical equipment.

The state fee for obtaining a license is 30,000 rubles (Article 333.33 of the Tax Code of the Russian Federation).

The housing inspectorate is given 30 days to check the documents and make a decision, after which they make a decision to issue a license or refuse. The main reasons for refusal are failure to pass the exam by the supervisor and provision of false information.

Lack of a license entails the imposition of an administrative fine of up to 500 thousand rubles. If repeated, criminal liability may apply.

The license is valid in the territory of one subject of the Russian Federation and has an unlimited period, but can be revoked. If during the course of a year 2 or more orders to eliminate violations were issued for the same house, and the management company did not comply with them, then it is deprived of the right to manage such a house. When such houses become 15% or more of the total number of houses that are managed by the management company, the housing supervision authority initiates going to court with an application for deprivation of the license. In practice, this process is difficult to carry out. For example, in order to deprive a management company that manages 262 houses of its license, it is necessary for residents from 39 houses to regularly submit complaints. Moreover, if the company fulfills one of the requirements, it will have to start all over again.

Considering that the licensing institute appeared in Russia quite recently, it is too early to talk about its pros and cons. Skeptics argue that licensing will lead to the disappearance of competition in the utility services market and only large players will remain, while the quality of services will not improve. Whether this is true or not, time will tell.

ATTENTION!

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Documents and requirements

In order to legally obtain a license document and begin operations, the management company must confirm compliance with a number of mandatory requirements. This list includes:

• ownership or lease of non-residential real estate necessary for the performance of work and services;
• the company's availability of machinery and special equipment to perform licensed activities;
• staff of workers employed on a permanent or temporary basis to perform all types of work and services;
• the head of the management organization has a qualification certificate and has completed an advanced training course in the housing and communal services program;
• placement in the public domain of a mandatory list of reporting documentation on the current activities of the management company.

Due to the labor-intensive and complex licensing procedure in the housing and communal services sector, the best option would be to contact a lawyer to prepare the documentation. In this case, the founders and the head of the management company will receive a guarantee of quick licensing, and the lawyer will take upon himself the preparation of all mandatory documents.

The documentation that will be reviewed by the authorized government agency includes:

• a statement indicating information about the management company, the region of activity, etc.;
• constituent documents of the company, Unified State Register of Legal Entities, TIN certificate;
• documents confirming the legality of ownership of real estate objects in which the declared types of activities will be carried out;
• forms and forms confirming the purchase of special equipment, machinery, materials;
• personnel documentation on the availability of employees with work skills and qualifications in the housing and communal services sector;
• order for the appointment of a manager, his current qualification certificate;
• payment order confirming payment of the state fee for issuing a license.

Submission of the application and package of documents is allowed both in writing and in electronic form. The licensing authority will check the documentation, compliance with the conditions and requirements regulated by law.

Having a license makes it possible to indicate it as part of a competitive application, as well as when concluding a contract for managing a house. At the same time, the procedure for choosing a management company has been significantly simplified for owners of residential premises, since the federal register of licenses is publicly available.

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The procedure for obtaining a management organization license

To comply with all legal requirements in the housing and communal services sector and obtain a permit, the company must follow the step-by-step instructions:

• obtaining from the tax authority a sheet of the Unified State Register of Legal Entities (it must indicate the main and additional types of activities related to the maintenance of apartment buildings);
• the director of the organization is obliged to pass a certification exam and receive a qualification certificate;
• the organization carries out a set of actions aimed at fulfilling the requirements of the law (registration of real estate ownership or concluding a lease agreement, purchasing special equipment, hiring employees, etc.);
• payment of the state fee for obtaining a license;
• collecting documents and filling out an application for licensing;
• sending documentation to the State Housing Supervision unit;
• If all specified requirements are met, a license form is issued.

After the license is issued, the housing and communal services management company is obliged to comply with its conditions. If the rules for maintaining apartment buildings are violated, owners can contact the State Housing Supervision Authority with complaints. Based on the results of consideration of complaints, an order may be issued regarding the inadmissibility of further violations by the Criminal Code. If 3 or more orders are recorded during a calendar year, the license may be revoked in court.

If you need help preparing documents and completing the licensing procedure, take advantage of a free consultation with our lawyers. Call by phone. indicated on the website, or fill out the feedback form. With our help, you will quickly receive a license and can begin servicing your apartment building.

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The Ministry of Construction published a bill on licensing management companies in housing and communal services

Point of view: Dmitry Taralov

project coordinator of RosZhKH

Licensing of management companies and common sense

Currently, a package of amendments to the Housing Code introducing the practice of licensing management organizations is being actively discussed. Yesterday, for example, this bill was discussed in the Public Chamber. To be honest, I didn’t watch the broadcast, but I have no doubt that there was a lot said about control, responsibility and the welfare of citizens.

However, this bill was immediately subjected to a barrage of criticism. There are two main complaints:

1) The bill stipulates that only licensed organizations can manage apartment buildings. An integral annex to the license is a list of houses under management. It turns out to be a vicious circle - until you manage houses, you cannot get a license, until you get a license, you cannot manage houses. It seems quite reasonable to assume that such measures (like the previous “recipe for saving the world” - self-regulation in the housing and communal services sector) are, not least of all, an attempt to limit the entry of new players into the market.

2) Now, for two administrative periods, the management company’s license for the house is terminated. If during the year GZHI have terminated the license for more than 15% of the houses managed by the management company, then an application is submitted to the court to terminate the company’s license.

Regarding the first point, everything is relatively clear and simple. It is unlikely that this is really a mechanism that completely closes the MKD management market to new players. Most likely, there are unclear wording and some imperfection in the text. Another thing is that if these formulations are preserved, then somewhere they will probably be used to limit competition.

The second one is more difficult. In a conditional Germany, where the laws are clear, officials are honest, and businessmen are law-abiding, these norms would look logical. But in Russia, where, in my firm belief, housing and communal services officials are lazy and corrupt, and housing and communal services businessmen are swindlers and thieves, such standards will certainly become an excellent tool for competition.

I don’t like a competitor - I reached an agreement with the State Housing Property Inspectorate, they slapped administrative orders on him, revoked his license and that’s it - there is no competitor. I made an agreement with the administration - and his house was awarded to you through a competition. Sleight of hand. And when management companies (as happens with us) are affiliated with power structures...

If the Criminal Code is “its own,” then nothing will force the State Housing Inspectorate to even consider an application for an administrative violation. Just the day before, my beloved State Housing Inspectorate of St. Petersburg en masse rejected more than 150 statements from residents about administrative violations committed by management organizations, simply pretending that they did not notice the statements, but thought that these were complaints about poor-quality housing services. And with complaints - this is in the Criminal Code. It’s as if you were robbed, and the police, instead of accepting the statement, would tell you that the fact of having a wallet in your pocket is, for example, a public offer to borrow money and you first need to find the borrower yourself and ask to return the money. And only if he doesn’t return it, then maybe...

Over the 8 years of existence of the Housing Code, 16 packages of amendments were introduced into it. Two per year. I can’t even begin to count how many articles were added or changed. Twice a year, the state, slightly or greatly, changes the rules of the game in the market for the provision of housing and utility services. Or maybe you just need to scratch the itch of lawmaking and try to make sure that everyone, incl. and government agencies, were existing laws implemented?