This is a document confirming the qualifications of an official of the license applicant.

Who needs it?

The management organization must have an employee who has a qualification certificate. The chairman of the HOA does not need to confirm qualifications.

Why get it?

To open a new management company, you need to obtain a license to manage MKD. To obtain such a license, an official of the licensee, an official of the license applicant must pass a qualification exam and receive a qualification certificate (clause 2, part 1, article 193 of the LC RF).

This provision is also justified by the order of the Ministry of Construction of the Russian Federation dated 05.12.2014 No. 789 / pr. Obtaining a qualification certificate is one of the licensing requirements.

Where is the exam taking place?

in your region. It is accepted by the regional licensing commission.

What should be done before the exam?

To pass the exam, apply to the GZhI. An application form is available on your website. It takes up to 15 working days for the application to be approved.

How many questions are in the exam?

There are 200 questions in total. At the exam, 100 of them individually, arbitrarily and automatically fall out - 3 answers for each, one of which is correct. How is the exam?

Do not be late for the exam, registration and assignment of numbers will take place. These numbers will be needed when passing the test - participants are identified by them. You need to take a passport or other identification document to the exam.

The qualifying exam is free and takes place in testing mode. Testing is carried out on a computer. In 2 hours, you need to correctly answer at least 86 questions out of 100, but no less. Otherwise, the exam will not be counted and you will have to retake it.

The results will be announced in 5 days. Those who successfully pass the test will receive a qualification certificate valid for 5 years.

How to answer questions?

Answer in order - proceed to the next question after answering the previous one. Revision of answers is not allowed.

What can not be done on the exam?

You can not communicate and exchange things with other participants in the exam, as well as use the texts of laws, acts, reference books, means of communication, leave the premises

Can I retake the exam?

Can. You can retake the housing and communal services qualification exam an unlimited number of times.

Where can I work with a qualification certificate?

You can manage MKD not only in the region where you passed the exam and received a qualification certificate, but also in any other. A qualification certificate is issued to an individual without reference to a company or region.

But the license to manage MKD already obliges the licensee (organization or individual entrepreneur) to carry out its activities only where the license was issued. The exam and the receipt of the certificate take place in the same region.

Changes in the certificate

If you have changed your full name, this must be reflected in the qualification certificate. The qualification certificate is reissued on a new form on the basis of a written application.

If you lose your qualification certificate, you do not need to retake the housing and communal services qualification exam. Submit a written claim of loss and a duplicate will be issued to you.

How to pass the housing and communal services exam online?

You can practice and pass a trial qualifying exam of housing and communal services online. On the RosKvartal platform there is a free simulator for passing such an exam. It has two modes: training and exam.

Study Mode allows you to answer all 200 exam questions sequentially or selectively. Correct answers are given with explanations and references to legislation. From the list, you can select only those questions for the exam that you are not sure about.

In the exam mode, the conditions are as close as possible to the exam. Each applicant receives an individual set of tests consisting of 100 questions. For the time allotted for testing, you need to correctly answer the maximum number of questions in the housing and communal services exam.

Can a qualification certificate be cancelled?

Yes, GJI can do it.

Why can a certificate be cancelled?

The certificate may be annulled by the decision of the GZhI before the expiration of its five-year validity period, if it is found that the certificate was obtained using forged documents or information about the owner of the certificate was included in the register of disqualified persons.

The reason for the annulment of a qualification certificate may be the entry into force of a court decision against the holder of the certificate, if it provides for punishment for crimes in the field of economics, grave and especially grave crimes.

How is a certificate cancelled?

The decision to annul the certificate is recorded in writing, supported by the basis for this action and signed by the head of the GZhI. The GZhN body within 5 working days notifies the owner of the certificate about the cancellation of the document.

Appropriate adjustments are made to the register of qualification certificates. This information is kept for 3 years. During this period, you cannot retake the qualifying exam. The decision to disqualify can be challenged in court.

1. Licensing activities for the management of apartment buildings (Article 192 of the Housing Code of the Russian Federation)

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

2.Term for which the license is granted

The license is granted for a period of five years and is valid only on the territory of the constituent entity of the Russian Federation, whose state housing supervision authority issued it. The validity period of the license is extended after five years in accordance with the procedure established by the Government of the Russian Federation. The license is not transferable to third parties.

3. Licensing requirements (Art. 193 RF LC)

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 for the management of apartment buildings;

1.1) lack of identity or similarity to the point of confusion of the company name of the license applicant or licensee with the company name of the licensee, whose right to carry out entrepreneurial activities in the management of apartment buildings arose earlier;

2) the presence of an official (the sole executive body of a legal entity, the head of a legal entity or its branch or an individual entrepreneur who manages an apartment building, and in the event of an agreement on the transfer of powers of the sole executive body - the sole executive body of a legal entity or an individual entrepreneur, which such powers have been transferred) of the licensee, applicant for a license of a qualification certificate;

3) the licensee's official, the license applicant's official does not have an unexpunged or outstanding conviction for crimes in the field of economics, for crimes of medium gravity, grave and especially grave crimes;

4) the absence in the register of persons who performed the functions of the sole executive body of the licensee, the license of which was canceled, as well as persons who, by the charter or other documents of the licensee, are responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building and in respect of which an administrative penalty has been applied in the form of disqualification, individual entrepreneurs whose license has been canceled and (or) in respect of which an administrative penalty in the form of disqualification has been 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 entrepreneurial activities in the management of apartment buildings of information on the cancellation of a license previously issued to a licensee, a license applicant;

6) compliance by the licensee with the requirements for disclosure of information;

6.1) compliance by the licensee with the requirements for the placement of information established part 10.1 of Article 161 ZhK RF (placement in the GIS system of housing and communal services);

7) other requirements established by the Government of the Russian Federation.

(reference to licensing requirements compliance with the requirements stipulated part 2.3 of article 161 ZhK RF).

4. The procedure for making a decision to grant a license or to refuse to grant a license

The application of the license applicant for the grant of a license and the documents attached to it are considered by the state housing supervision body in the manner established by Federal Law No. license application and accompanying documents. Based on the results of consideration of the application, the body of state housing supervision prepares for the licensing commission a reasoned proposal to grant a license or to refuse to grant it.

The grounds for refusing to grant a license to a license applicant are:

1) non-compliance of the license applicant with the license requirements, established during the verification of the application for a license and the documents attached to it;

2) the presence of false or distorted information in the license application submitted by the license applicant and (or) the documents attached to it.

5. The procedure for the licensee to place information about apartment buildings, the management of which is carried out by the licensee. Grounds and procedure for entering information about an apartment building in the register of licenses of a constituent entity of the Russian Federation, deleting information about an apartment building from the specified register (Article 198 of the LC RF)

Information about apartment buildings managed by the licensee shall be placed by the licensee in the system.

In the event of a change in the list of apartment buildings, the management of which is carried out by the licensee, in connection with the conclusion, termination, termination of the agreement on the management of an apartment building, the licensee, within five working days from the date of conclusion, termination, termination of the said agreement, is obliged to place this information in the system, as well as send them to the body of state housing supervision.

The body of state housing supervision, after receiving the information specified in part 2 of article 198 of the Housing Code of the Russian Federation, makes changes to the register of licenses of the subject of the Russian Federation in in order and on time approved by the federal executive body responsible for the development and implementation of public policy and legal regulation in the field of housing and communal services.

If the court invalidates the decision of the general meeting of owners of premises in an apartment building on the choice of a managing organization or on changing the method of managing an apartment building, which served as the basis for sending the information specified in Part 2 of Article 198 of the Housing Code of the Russian Federation to the state housing supervision body, changes in the register of licenses of a constituent entity of the Russian Federation are introduced by the body of state housing supervision on the basis of a court decision that has entered into legal force to recognize the corresponding decision of the general meeting of owners of premises in an apartment building as invalid no earlier than the date of entry into force of such a court decision.

6. Emergence of the right to carry out activities for the management of an apartment building

When fulfilling the requirements for placing the specified information in the system and making changes to the register of licenses of a constituent entity of the Russian Federation in connection with the conclusion of an agreement on managing an apartment building, the licensee has the right to carry out activities to manage such a house from the date determined in accordance with part 7 of article 162 RF LC, with the exception of the case specified in part 7 of article 198 of the RF LC.

7. Exclusion from the register of licenses of the subject of the Russian Federation of information about the house or houses by decision of the body of state housing supervision

If, within twelve months from the date of issuance by the state housing supervision body of an order in respect of an apartment building or apartment buildings, the management of which is carried out by the licensee, the licensee and (or) an official, the licensee's officials were appointed by the court two or more times an administrative punishment for non-fulfillment or improper fulfillment of the specified instruction, information about such a house or houses, by decision of the state housing supervision body, is excluded from the register of licenses of a constituent entity of the Russian Federation, with the exception of the case of a decision provided for by part 7 of article 198 of the Housing Code of the Russian Federation.

If, within twelve months from the date of issuance by the state housing supervision authority of an order to eliminate violations of one or more license requirements provided for in paragraphs 1 - 5 parts 1 article 193 The Housing Code of the Russian Federation, the licensee and (or) official, officials of the licensee were imposed by the court an administrative penalty for non-fulfillment or improper fulfillment of the specified order, by decision of the state housing supervision body, information about all apartment buildings in respect of which the licensee carries out management activities.

In the event that the licensee and (or) an official, officials of the licensee, within twelve months from the date of imposition of an administrative penalty for violation of license requirements, which is classified as gross violations of license requirements, again committed such a violation of license requirements, by decision of the state housing supervision body information about an apartment building or apartment buildings is excluded from the register of licenses of a constituent entity of the Russian Federation in the manner established by the Government of the Russian Federation (applied after 10 days from the date of approval by the Government of the Russian Federation of a list of gross violations of license requirements).

In the event that within twelve months the licensee and (or) an official, officials of the licensee were imposed by the court three or more times an administrative penalty for obstructing the legal activities of an official of the state housing supervision body to conduct inspections or evading such inspections, by decision of the body of state housing supervision, information about an apartment building or about all apartment buildings in respect of which the licensee has committed actions (inaction) aimed at preventing such inspections or evading such inspections is excluded from the register of licenses of a constituent entity of the Russian Federation.

In the event that a court decision on declaring a licensee bankrupt in accordance with Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)” comes into force, by decision of the state housing supervision authority, information about all multi-apartment buildings is excluded from the register of licenses of the subject of the Russian Federation houses in respect of which the licensee carries out management activities.

8. The basis for the licensee to terminate the activity of managing the house

The exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation is the basis for the licensee to terminate the management of such a house in the manner prescribed by Article 200 of the LC RF.

From the date of exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, the licensee is not entitled to carry out activities to manage such an apartment building, including charging and collecting fees for residential premises and utilities, issuing payment documents to consumers, except as provided for part 3 of article 200 LCD RF.

Within two months from the date of proper informing, in accordance with the procedure established by Article 197 of the Housing Code of the Russian Federation, of the owners of premises in an apartment building about the existence of grounds for deleting information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, these owners have the right to take a decision at a general meeting of owners of premises in an apartment building to continue implementation by the licensee of activities for the management of an apartment building. Within three working days from the date of execution of the minutes of the general meeting of owners of premises in an apartment building, the state housing supervision body must be notified of decision by sending him a copy of the minutes of the general meeting of owners of premises in an apartment building by registered by mail with acknowledgment of receipt. In this case, information about such a house is not excluded from the register of licenses of the subject of the Russian Federation.

9. Cancellation of the license and termination of its validity

The license is canceled by a court decision on the basis of consideration of the application of the state housing supervision body to cancel the license. This application is submitted to the court on the basis of the decision of the licensing commission.

10. The basis for consideration by the licensing commission of the issue of applying to the court with an application for the cancellation of a license

The basis for the consideration by the licensing commission of the issue of applying to the court with an application for the cancellation of a license is the exclusion from the register of licenses of a constituent entity of the Russian Federation on the grounds specified in parts 5 - 5.4 of Article 198 of the Housing Code of the Russian Federation, information about apartment buildings, the total area of ​​\u200b\u200bthe premises in which is fifteen and more than a percent of the total area of ​​premises in multi-apartment buildings managed by the licensee during calendar year prior to the date of the licensing commission's decision to apply to the court, as well as the absence within six months in the register of licenses of the constituent entity of the Russian Federation of information about apartment buildings, the management of which is carried out by the licensee.

11. Termination of the license

The license is terminated due to the cancellation of the license by a court decision and other grounds specified in the Federal Law of May 4, 2011 No. 99-FZ "On Licensing Certain Types of Activities", from the date of making the relevant entries in the register of licenses of the constituent entity of the Russian Federation.

12. Fulfillment of the obligation to manage an apartment building by a licensee in the event that information about an apartment building is excluded from the register of licenses of a constituent entity of the Russian Federation

The licensee, in the event that information about an apartment building is excluded from the register of licenses of a constituent entity of the Russian Federation, as well as in the event of termination or cancellation of a license in accordance with Article 199 of the Housing Code of the Russian Federation, is obliged to properly perform the duties of managing an apartment building, providing services and (or) performing work on maintenance and repair of common property in an apartment building in accordance with the requirements of the legislation of the Russian Federation until the day:

1) occurrence in accordance with part 7 of article 162 ZhK RF obligations to manage such a house from a managing organization selected by the general meeting of owners of premises in an apartment building or selected based on the results of the body local government open competition;

2) the occurrence of obligations under an apartment building management agreement concluded by the managing organization with a homeowners association, housing cooperative or other specialized consumer cooperative;

3) the occurrence of obligations under the contracts specified in parts 1 and 2 of article 164 of the LC RF;

4) state registration of a homeowners' association, housing cooperative or other specialized consumer cooperative.

13. Powers of the licensing commission

1) making a decision to issue a license or to refuse to issue a license;

2) acceptance of the qualifying examination;

3) participation in activities for license control;

4) making a decision to apply to the court with an application for the annulment of the license.

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 managing 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 of the maximum number of employees of the Ministry established by the Government of the Russian Federation and the budgetary allocations provided for the Ministry in the federal budget for leadership and management in the field of established functions.

4. To the Ministry of Construction and Housing and Communal Services of the Russian Federation to 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 a 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 for licensing activities for 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 approximate forms of documents used in the licensing of business activities for the management of apartment buildings;

guidelines for the development of administrative regulations for the execution of the state function of license control by the body of state housing supervision of the constituent entity of the Russian Federation.

within 2 months from the date of approval guidelines, specified in paragraphs four and five of paragraph 4 of this resolution, to approve the administrative regulations for the provision of public services for licensing business activities for the management of apartment buildings and the administrative regulations for the performance of the state function of licensing control by the state housing supervision body of the constituent entity of the Russian Federation;

not later than January 1, 2015, ensure the possibility of filing and receiving documents on licensing issues in accordance with the Federal Law "On Licensing Certain Types of Activities" in the form of electronic documents signed with an electronic signature using information and telecommunication networks common use, including the federal state information system "Unified portal of state and municipal services (functions)".

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

With changes and additions from:

1. This Regulation establishes the procedure for licensing business activities for the management of apartment buildings, carried out by the managing organization.

2. Licensing of entrepreneurial activity in the management of apartment buildings is carried out by the bodies of state housing supervision of a constituent entity of the Russian Federation (hereinafter referred to as the licensing body).

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 contract for the management of an apartment building, provided for in part 2 of article 162

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

Information about changes:

Decree

4.1. Gross violations of license requirements include:

a) violation of the license requirement provided for by subparagraph "a" of paragraph 3 of these Regulations, which caused harm to 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 license requirement provided for by 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 in order to properly maintain heat supply systems (heating , hot water supply) in apartment buildings;

c) violation of the licensing requirement provided for by subparagraph "a" of paragraph 3 of this Regulation, in terms of failure to conclude within 30 calendar days from the date of commencement of the execution of the contract for the management of an apartment building contracts for the performance of work in order to properly maintain the systems of in-house gas equipment in accordance with the requirements established by Rules for the use of gas in terms of ensuring safety when using and maintaining in-house and in-house gas equipment when providing utility services for gas supply, 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 in-house and in-house gas equipment", performance of maintenance work, including maintenance and repair of elevators, lifting platforms for the disabled in accordance with the requirements established by the Rules for the organization of 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 footpaths), escalators, with the exception of escalators in subways", except for the case of operation, including maintenance and repair of elevators, lifting platforms for the disabled, by managing organizations independently in accordance with the requirements established by the Rules organizing 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 7 43 "On the organization of the safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving footpaths), escalators, with the exception of escalators in subways";

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

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

f) violation of the licensing requirement provided for by 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 premises, included in the common property in an apartment building, electronic access codes to 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 technical documentation for an apartment building and other related with the management of such an apartment building, documents, technical means and equipment), which has assumed obligations for the management of an apartment building of a managing organization, a homeowners association, a housing cooperative, a housing construction cooperative, other specialized consumer cooperative, and in the case of direct management of an apartment building by the owners of premises in such a building, to one of the owners indicated in the decision of the general meeting of owners of premises on the choice of the method of managing the apartment building, or, if such an owner is not indicated, to any owner of premises in this house, or evasion from the transfer of technical documentation to an apartment building and other documents, technical means and equipment related to the management of such an apartment building to these persons, or a violation of the procedure and deadlines for the transfer of technical documentation to an apartment building provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them and other documents, technical means and equipment related to the management of such an apartment building;

g) violation of the licensing requirement provided for by subparagraph "d" of paragraph 3 of these Regulations, in terms of the non-cessation by the licensee of the activity of managing an apartment building within 3 days from the date of exclusion of information about such a house from the register of licenses of a constituent entity of the Russian Federation, with the exception of carrying out such activities in accordance with the provisions of Part 3 of Article 200 of the Housing Code of the Russian Federation;

h) violation of the license requirement, provided for by 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 the implementation of 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, is applicable 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 license requirements, which is classified as gross violation of license requirements, gross violations of license requirements provided for in subparagraphs "a", "b", "d", "e" and " h" of paragraph 4.1 of 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 license requirements have been committed is subject to exclusion.

When the licensee repeatedly commits, within 12 months from the date of imposition of an administrative penalty for violation of license requirements, which is classified as gross violation of license requirements, gross violations of license requirements provided for in subparagraphs "c", "f", "g" of clause 4.1 of this Regulation, from of the register of licenses of the constituent entity of the Russian Federation, in accordance with part 5.2 of article 198 of the Housing Code of the Russian Federation, information about 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 shall send or submit to the licensing authority an application for the grant of a license drawn up in accordance with paragraph 1 of Article 13 federal law"On licensing certain types of activities", which also indicates the following information on the compliance of the license applicant with the licensing requirements established by paragraph 4 of these Regulations:

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

b) on the absence of an unexpunged or outstanding conviction for crimes in the sphere of economy, crimes of medium gravity, grave and especially 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 canceled, 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 relation to which an administrative penalty in the form of disqualification has been applied, individual entrepreneurs whose license has been canceled and (or) in respect of which an administrative penalty in the form of disqualification has been applied;

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

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

a) copies of constituent documents of a legal entity certified by a notary public (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 an official of the license applicant;

d) a description of the attached documents.

7. Submission by the license applicant of an application for a license and documents required for obtaining a license, their acceptance by the licensing authority, return of an application for a license and documents attached to it, issuance of a license, renewal of a license, issuance of a duplicate and a copy of a license are carried out in the manner established by the Federal Law "On Licensing 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 license requirements specified in paragraph 4 of this Regulation, the licensing authority requests necessary information, which are at the disposal of the bodies providing public services, bodies providing municipal services, other state bodies, local governments or organizations subordinate to state bodies or local governments, 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 application for a license and documents submitted by the license applicant, as well as verification of the compliance of the license applicant with the licensing requirements specified in clause 4 of these Regulations, interdepartmental information interaction in accordance with the Regulations by the Decree of the Government of the Russian Federation dated September 8 2010 N 697 "On a unified system of interdepartmental electronic interaction", carried out:

a) with the Federal Treasury to obtain information on the payment of the state fee;

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 (or absence) of an official of the license applicant with an unexpunged or outstanding conviction for crimes in the field of economics, crimes of medium gravity, grave and especially grave crimes;

d) with the Ministry of Construction, Housing and Communal Services of the Russian Federation to obtain information about the presence (or 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 canceled, as well as persons for whom the charter or other documents of the licensee impose responsibility for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building and in respect of which an administrative penalty in the form of disqualification has been applied, individual entrepreneurs whose license has been canceled and (or) in respect of which an administrative penalty 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 cancellation of a license previously issued to the license applicant.

10. The adoption by the licensing commission of the decision provided for by clause 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, shall be carried out in the manner established by the Federal Law "On Licensing Certain Types of Activities", taking into account the provisions of Articles 194 and the Housing Code of the Russian Federation. The term for issuing the order of 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 is 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 Certain Types of Activities" apply to relations related to the implementation of licensing control. When conducting licensing control, officials of the licensing authority have the right, among other things, to issue instructions to licensees to eliminate identified violations of license requirements, including gross violations of license requirements, to carry out entrepreneurial activities in the management of apartment buildings.

14. Information on licensing business activities for the management of apartment buildings is posted on the official website of the licensing authority in the information and telecommunications network "Internet" indicating the e-mail addresses to which users of this information can send requests for licensing.

15. The licensing authority forms and maintains a register of licenses of a constituent entity of the Russian Federation in the manner prescribed by Article 21 of the Federal Law "On Licensing 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. From May 1, 2015, the formation and maintenance of the register of licenses of the subject of the Russian Federation is carried out in the state information system 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, including information on licenses issued by licensing authorities, on the official website of the Ministry in the Internet information and telecommunication network, and from May 1, 2015 - in the state information system of housing and communal services.

17. An application for renewal of a license shall be submitted to the licensing authority no earlier than 60 business days and no later than 45 business days prior to the license expiration date.

The decision to renew the license is made by the licensing authority, provided that, as a result of the licensee’s inspection, it is established that the deadline for submitting an application for the extension of the license is observed, that it complies 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 license requirements provided for in subparagraphs "c" - "e" of paragraph 4.1 of these Regulations, and unfulfilled orders to eliminate gross violations of license requirements, the deadline for which has expired on the date of the specified audit. The term for such an audit may not exceed 30 calendar days.

18. An application for reissuing a license is submitted to the licensing authority no later than 15 business days from the date of occurrence of the event that is the basis for reissuing a license in accordance with Part 1 of Article 18 of the Federal Law "On Licensing Certain Types of Activities".

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

Position
on maintaining a register of persons who performed the functions of the sole executive body of the licensee, the license of which was canceled, as well as persons who, by the charter or other documents of the licensee, are responsible for complying with the requirements for ensuring the proper maintenance of common property in an apartment building and in respect of which an administrative penalty in the form of disqualification, individual entrepreneurs whose license has been canceled and (or) in respect of which 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. This Regulation establishes the procedure for maintaining the register of persons who performed the functions of the sole executive body of the licensee, the license to carry out entrepreneurial activities for the management of apartment buildings (hereinafter referred to as the license) has been canceled, as well as persons who are responsible for compliance with the requirements by the charter or other documents of the licensee to ensure the proper maintenance of common property in an apartment building and in respect of which an administrative penalty in the form of disqualification has been applied, individual entrepreneurs whose license has been canceled and (or) in respect of which an administrative penalty in the form of disqualification has been applied (hereinafter referred to as the register of disqualified persons of managing organizations).

2. The register of disqualified persons of managing 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 in the information and telecommunications network "Internet", and from May 1, 2015 - in the state information system of housing - public utilities.

3. The basis for including information in the register of disqualified persons of managing organizations is a court decision that has entered into force on the annulment of a license or a court decision that has entered into force on the application of an administrative penalty in the form of disqualification. The basis for deleting information from the register of disqualified persons of managing organizations is the expiration of the period for the information to be in the register of disqualified persons of managing organizations provided for in paragraph 10 of these Regulations, a court decision that has entered into force to cancel a court decision to annul a license or to cancel a decision on disqualification or on changing type of administrative punishment.

4. In the event that the court decision on the annulment of the court decision on the annulment of the license (on the cancellation of the decision on disqualification or on changing the type of administrative punishment) comes into force, the person whose information is included in the register of disqualified persons of managing organizations has the right to send to the Ministry of Construction and Housing - public utilities of the Russian Federation an application to exclude information about him from the register of disqualified persons of managing organizations. The specified 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 to disqualify or change the type of administrative punishment) and must be sent by registered mail with a return receipt or in the form electronic document signed with an electronic signature. The Ministry of Construction, Housing and Communal Services of the Russian Federation shall verify 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 issued the decision, information about which is indicated in this application, and upon confirming their authenticity, excludes information about such a person from the register of disqualified persons of managing organizations.

5. In order to maintain a register of disqualified persons of managing organizations, the Ministry of Construction and Housing and Communal Services of the Russian Federation receives information about court decisions that have entered into legal force on the annulment of a license and on decisions on disqualification specified in clause 9 of this Regulation from state housing supervision bodies. The specified information is submitted by the body of state housing supervision no later than 5 working days from the date when it became aware of the entry into force of the court decision on the annulment of the license and (or) the decision on disqualification, using information and telecommunication networks in the form of an electronic notification signed by authorized to sign 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 on persons in respect of whom there are disqualification decisions that have entered into force, in the manner of an interdepartmental information exchange in accordance with the Regulations on the unified system of interdepartmental electronic interaction, approved by the Decree of the Government of the Russian Federation of September 8, 2010 N 697 "On the unified system of interdepartmental electronic interaction".

7. In the event that information is received from the Federal Tax Service about persons in respect of which there are effective disqualification orders, the Ministry of Construction and Housing and Communal Services of the Russian Federation sends a request for confirmation of the information received to the state housing supervision body of the constituent entity of the Russian Federation, to the territory of which the court issued an order of disqualification. The body of state housing supervision 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 shall make an entry in the register of disqualified persons of managing organizations no later than the working day following the day the state housing supervision body submits information on the entry into force of a court decision to annul a license (decree on disqualification) or confirm body of state housing supervision of the information contained in the request sent to it in accordance with paragraph 7 of this Regulation.

9. The following information shall be indicated in the register of disqualified persons of managing organizations:

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

b) the full name and identification number of the taxpayer 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 on the annulment of 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 into force the legal force of a court decision to annul a license; the procedure for its granting is established by the Ministry of Construction, Housing and Communal Services of the Russian Federation.

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

Position
on monitoring compliance by the 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 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. This Regulation establishes the procedure for monitoring compliance by the executive authorities of the constituent entities of the Russian Federation exercising regional state housing supervision (hereinafter referred to as the state housing supervision bodies) of the requirements of the Housing Code of the Russian Federation and the Federal Law "On Licensing Certain Types of Activities" for licensing business activities for the management of apartment buildings (hereinafter referred to as mandatory requirements).

2. The Ministry of Construction, Housing and Communal Services of the Russian Federation shall exercise control over the observance by state housing supervision bodies of mandatory requirements.

3. Control over compliance by state housing supervision bodies with mandatory requirements is carried out in the form of scheduled and unscheduled inspections conducted in accordance with this Regulation and the administrative regulation for the execution of the state function to monitor 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 by 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 an annual plan for scheduled inspections by December 1 of the year preceding the year in which scheduled inspections are carried out. The annual plan for scheduled inspections is posted on the official website of the Ministry of Construction, Housing and Communal Services of the Russian Federation in the information and telecommunications network "Internet".

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 in the implementation of licensing business activities for the management of multi-apartment houses.

7. Checks are carried out in the form of a documentary check or field check. A documentary check 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 term of the audit 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, 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 certificates and a copy of the order of the Minister of Construction, Housing and Communal Services of the Russian Federation on the 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) to acquaint the head of the state housing supervision body with the results of the inspection;

e) observe the terms of the inspection.

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

12. When conducting an on-site inspection, officials of the Ministry of Construction, 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 official certificate and a copy of the order of the Minister of Construction and Housing and Communal Services of the Russian Federation on the inspection to enter the territory and building (buildings, 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 carried out the inspection.

14. Based on the results of the inspections, in the event of violations of compliance with the 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 deadlines for their elimination.

15. The state housing supervision body notifies the Ministry of Construction, Housing and Communal Services of the Russian Federation of the measures taken against officials guilty of violating the mandatory requirements, as well as the measures taken to eliminate the identified violations of the mandatory requirements, within 10 working days from date of the adoption of such measures, and also informs writing organizations, individual entrepreneurs and citizens whose interests are violated, in the event of an audit on a complaint against the action (inaction) of officials of the state housing supervision body.

On 07/21/2014, the President of the Russian Federation signed, by which amendments were made to the LCD of the Russian Federation in terms of establishing the obligation to license activities for the management of MKD. As one of the requirements for licensees and license applicants, 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 recall which organizations are subject to licensing.

According to paragraph 1 of article 192 of the LC RF “ MKD management activities are carried out by managing organizations on the basis of a license ...". Paragraph 2 of Article 192 of the LC RF establishes that “ MKD management activities are understood as the performance of work and (or) the provision of MKD management services on the basis of an MKD management agreement».

As you know, HOA and housing cooperatives, related to non-profit organizations, are not management companies, they are not obligated to conclude management contracts. Article 162 of the Housing Code of the Russian Federation expressly states that the management agreement is concluded with the managing organization (the second party to the agreement is the owners of the premises, or representing the interests of the owners of the HOA or housing cooperative).

Homeowners associations and housing cooperatives can manage an apartment building on their own, without a managing organization. In this case, they can conclude agreements with the owners of the premises for the maintenance and repair of common property, for the provision of public services ( analogues of management contracts, but still not management contracts!).

In this way, 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 gets certified?

**********************
Note: clarifications 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 of part 1 of article 193 of the RF LC, namely: as one of the licensing requirements, the presence of a qualification certificate for " 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 an agreement on the transfer of powers of a sole executive body - the sole executive body of a legal entity or an individual entrepreneur to whom such powers have been transferred.

However, the legislation of the Russian Federation does not establish the obligation to attest specifically the heads of companies! The Housing Code of the Russian Federation states that certification must be officials of license applicants. The RF GD dated 10/28/2014 N1110 refers to the same norm of the RF LC, without additional clarification of who exactly can be an “official of the license applicant”. There are also no clarifications in the Order of the Ministry of Construction of Russia of October 28, 2014 N659 / pr, which approved the procedure for conducting a qualification exam.

In this way, an official of the licensee/license applicant is not required 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 municipalities In the Russian Federation, there are city-forming enterprises, which can be large metallurgical, oil, mining, agricultural and other enterprises. AT Soviet times such enterprises very often carried out, among other things, the maintenance of the entire infrastructure of the settlements on the territory of which they carried out their activities. In particular, they maintained heating networks, served apartment buildings, etc. Many of these enterprises were the main consumers of water, heat, electricity, many of them have, for example, their own boiler houses, which provide hot water not only their own enterprise, but 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 relevant departments in their composition: for example, units serving boiler houses began to perform the functions of the RSO, units that carried out maintenance and current repairs of MKD began to perform the functions of the MA. Over time, with the advent of the regulatory framework governing 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 as a kind of holding company carrying out various types of activities, including activities for MKD management. At the same time, the enterprise could remain a single legal entity, without separating legal entities from its structure for the implementation of certain types of activities (including activities for the management of MKD).

You can consider an example in which the head of a certain department of housing and communal services of a city-forming enterprise is a super professional, providing high quality MKD management. At the same time, it should be taken into account that with a 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 as part of the same enterprise makes it possible 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. Suppose this is a metallurgical enterprise, the general director of which has been engaged exclusively in metallurgy for several decades. And now this honorary metallurgist, honored worker of Russian metallurgy is offered to pass an exam on knowledge of housing legislation. The likelihood that he will not pass such an exam is quite high.

The consequences seem rather deplorable, and, first of all, for the inhabitants of the settlement. Due to the loss by the city-forming enterprise of the right to carry out activities for the management of MKD, the local government will hold a competition for the selection of the MA, or the owners of the premises will hold a general meeting and elect the MA. The elected MA will no longer have the resources of the city-forming enterprise, in addition, the problems of the new MA and this very enterprise, which will now act as the RSO, will inevitably arise. And even with the transition of employees of the housing and communal services department of a city-forming enterprise to a new MA, a serious managerial crisis is possible, associated with a change in the structure and system of work. Etc. etc.

It is much more logical in the given example to certify the head of the housing and communal services department, who is highly likely to pass the exam, receive a certificate and continue to manage the management of MKD, remaining part of the city-forming enterprise with its huge financial, labor, and administrative resources.

And the law on licensing activities for the management of MKD (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 MKD, it is necessary to have a qualification certificate of an official ( not necessarily a leader! ).

To understand what requirements are imposed on applicants for a qualification certificate, the most correct is the analysis of the legislation.

Center distance learning"AKATO" offers
applicants for a qualification certificate
(to officials of license applicants,
responsible for MKD management activities)
use a special Internet service
preparing for the qualifying exam