In order to control the management of apartment buildings, the state introduced the so-called licensing. The procedure for obtaining a license is enshrined in the regulations of the constituent entities of the Russian Federation. Without this licensing, only certain organizations can manage common property.

Multi-family building management activities

Houses can be managed by various legal entities. The basis for this is the contracts that management companies conclude with residents. But to carry out this activity, you need to obtain a special license. At the same time, the activities of the management company are regulated by several regulations.

There is a special order of management, which includes:

• collection and storage of all technical documents;
• collection and storage of data on all residents of the house, including those who use the property on the basis of contracts;
• ensuring the preparation of proposals regarding the repair and operation of an apartment building.

The concept of licensing activities

As for the concept of a license, it is important to understand that it is not issued to all managing organizations. Activities for the management of multi-apartment buildings without licensing can be carried out by cooperatives and homeowners associations. The legislator cannot oblige the owners to manage their property and impose restrictions on them to exercise their right. The license is required for other legal entities whose duties include the management of residential buildings.

And in order to prevent these organizations from carrying out house management activities without a license, the legislator introduced certain sanctions. The license has no expiration date and is valid only on the territory of the subject of the Russian Federation that issued it. Licensing activities for the management of MKD has many requirements on the part of the authorized bodies that organizations need to comply with.

Features of licensing activities for the management of apartment buildings

In order to obtain a license, you must:

• be an entrepreneur or legal entity;
• have a qualification certificate;
• not have a criminal record;
• do not have other licenses to carry out activities for the management of an apartment building.

In addition, the candidate is required to submit a statement that he wishes to obtain a license. Further, it is necessary to fulfill the requirements of the housing control authorities to eliminate the circumstances that do not allow licensing. If, of course, there are. Compliance with these requirements the organization must confirm with the help of documents. The authority responsible for issuing licenses checks all information within a month.

The following documents are required to obtain a license:

• articles of association or other memorandum of association;
• protocol of creation managing organization and other registration documents;
• valid qualification certificate;
• a document confirming that the person has no criminal record;
• receipt of payment of the license fee.

Further, the state housing supervision body makes an appropriate decision. He is obliged to provide the licensing commission with a reasoned proposal on whether to give the organization a license or not. All licenses issued to management companies are included in a special register.

To obtain a qualification certificate, the applicant must pass the appropriate exam.

The procedure for carrying out this examination, including questions and determining the results, is established by the federal executive body. Disqualified persons are not allowed to take the qualified exam. The validity period of the certificate is 5 years. In addition, the document may be canceled if false documents were used to obtain it, as well as if the applicant was convicted in accordance with Russian law.

This license may be revoked if during the year the licensee receives two or more administrative penalties for improper performance of their duties. But in this case, the owners have the right of veto, which they can impose on the decision of the state body and allow the management company to continue its activities.

Control over compliance by state housing supervision bodies with the requirements of legislation in the field of licensing

The bodies of state housing supervision, in whose competence is the issuance of a license to organizations for the management of multi-apartment buildings, is subject to control by the state. The procedure for exercising this control is contained in the Housing Code and other regulatory acts of the Russian Federation.

As for the body of state power that exercises this control, its powers are determined by the Government of the Russian Federation. Most often, these are federal executive authorities. They carefully check the entire process of granting these licenses, and if any violations are found on the part of the state housing supervision authorities, they require their elimination.

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What powers does a management company with a management license have.

In the management agreement, two organizations are indicated in relation to one house, MUP "IDEZ" and LLC "ZHEU" is the management company of our house. The Criminal Code of our house claims that they do not have the authority to conclude contracts with resource workers, therefore the contracts are concluded by the first company. The owners, for a number of reasons, must maintain two companies, since the powers are divided. How can we remove one of the companies from the contract, two companies cannot manage the house according to the residential complex?

Olga 24.02.2019 21:08

Dubrovina Svetlana Borisovna 08.03.2019 17:20

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Agree with colleague.

Zakharova Elena Alexandrovna 09.03.2019 11:00

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List of documents for obtaining a license for managing apartment buildings

According to Part 1 of Art. 162 of the Housing Code of the Russian Federation, the right to manage a specific MKD from a managing organization can only come after the conclusion of a management agreement with each owner of the premises in this house. Is the license applicant required to provide such evidence to the licensing authority? Neither in Chapter 19 of the LCD, nor in the Licensing Regulations, approved. Decree of the Government of the Russian Federation of October 28, 2014 No. 1110 does not contain such instructions.

Vladimir 20.08.2018 15:12

Good afternoon, Vladimir. According to the provisions of the Federal Law "On Licensing certain types activities", the following documents are attached to the application for a license: a copy of the charter, certified by a notary public (for legal entities); a copy of the certificate (sheet) of state registration LLC (IP), protocol (decision) on creation; a copy of the certificate of registration of changes (if any); a copy of the qualification certificate of an official; a copy of the order on the appointment of an official; document confirming the payment of state duty. We can advise you to contact our office with all the documents available on this issue. For a discount, use the promotional code - MIP 11.

Saybotalov Vadim Vladimirovich 02.09.2018 19:50

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Yes that's right. But before submitting documents, it is necessary to clarify the list of additional documents, since sometimes it is enough to present an extract from the Unified State Register of Legal Entities (EGRIP), instead of constituent documents.

Krainev Dmitry Anatolievich 03.09.2018 13:19

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You will also find the following articles helpful

• Termination of activities for the management of MKD in connection with changes in the status of the license
• Informing LSG bodies and owners of premises in MKD about decisions made by the licensing commission and the GZHN body
• The procedure for organizing and exercising license control
• Registers of information containing information on licensing activities for the management of MKD
• Procedure for making a decision to grant or refuse a license
• Creation of conditions for the management of apartment buildings
• Direct management of an apartment building by owners
• Management of an apartment building owned by the state or municipality
• Choosing a way to manage an apartment building. General requirements
• Economic activities of the homeowners association
• Chairman of the board of the homeowners association
• Audit Commission of the Association of Homeowners

GOVERNOR OF THE MOSCOW REGION

RESOLUTION

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

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

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

I decide:

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

2. Approve the attached composition of the Licensing Commission.

3. Approve the attached Regulations on the Licensing Commission.

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

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

Governor
Moscow region
A.Yu.Vorobiev

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

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

Pestov D.V.		Decree of the Governor of the Moscow Region dated March 11, 2015 N 64-PG
Khromushin E.A.		Minister of Housing and Communal Services of the Moscow Region (Chairman of the Commission)"
		Decree of the Governor of the Moscow Region dated March 11, 2015 N 64-PG)
Gusev V.A.		Excluded from the Licensing Commission by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG
Melnik V.G.		Decree of the Governor of the Moscow Region of October 29, 2015 N 460-PG Resolution of the Governor of the Moscow Region of June 20, 2019 N 286-PG
Abyasov N.S.		Additionally included in the Licensing Commission from December 5, 2017 by Resolution of the Governor of the Moscow Region dated December 4, 2017 N 526-PG; excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG
Belekhova Yu.A.		Chairman of the Association of Council Chairmen apartment buildings Moscow region (as agreed)
		(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG)
Borisenko L.V.		Director of the Self-Regulatory Organization Non-profit partnership "Association of organizations in the field professional management real estate "GUARANTEE" (as agreed)
Gerasimenko V.Yu.		Decree of the Governor of the Moscow Region dated December 4, 2017 N 526-PG
Dupak V.V.		Excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG
Ivanov O.B.		Excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated August 28, 2018 N 379-PG
Zvereva L.A.		Deputy Chairman of the Commission for Housing and Public Utilities, Construction, Transport, Road Infrastructure and Improvement of Military Campuses of the Public Chamber of the Moscow Region (as agreed)
		(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG)
Kokhany I.V.		deputy of the Moscow Regional Duma, Chairman of the Committee on Construction, Architecture, Housing and Communal Services and Energy of the Moscow Regional Duma
		Decree of the Governor of the Moscow Region of December 4, 2017 N 526-PG)
Molodetsky I.Yu.		Deputy Head of the Housing Policy Implementation Department of the Housing Policy Department of the Ministry of Housing and Communal Services of the Moscow Region
		(Additionally included in the Licensing Commission from December 5, 2017 by the Decree of the Governor of the Moscow Region of December 4, 2017 N 526-PG; position as amended by the Decree of the Governor of the Moscow Region of June 20, 2019 N 286-PG)
Razvorotneva S.V.		Excluded from the Licensing Commission by Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG
Romanov O.V.		Head of the Administrative and Analytical Department of the Ministry of Housing and Communal Services of the Moscow Region
		(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG)
Rybalchenko M.B.		General Director of the Association of Energy Enterprises of the Moscow Region (as agreed)
		(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated August 28, 2018 N 379-PG)
Smirnov A.B.		Excluded from the Licensing Commission from December 5, 2017 by the Decree of the Governor of the Moscow Region of December 4, 2017 N 526-PG
Urusbambetov M.B.		Excluded from the Licensing Commission by the Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG
Khritkin A.P.		Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated October 29, 2015 N 460-PG; excluded from the Licensing Commission since December 5, 2017 by the Decree of the Governor of the Moscow Region dated December 4, 2017 N 526-PG
Cherepyakin A.A.		Head of Department economic security Main Directorate of Regional Security of the Moscow Region
		(Additionally included in the Licensing Commission by Decree of the Governor of the Moscow Region dated June 20, 2019 N 286-PG)

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

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

I. General provisions

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

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

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

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

4. The main tasks of the Licensing Commission are:

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

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

5. The main powers of the Licensing Commission are:

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

b) taking a qualifying examination;

c) participation in activities for license control;

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

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

a) consider motivated proposals prepared by the state housing supervision body and make decisions on granting a license (on refusal to grant a license);

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

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

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

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

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

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

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

i) the subparagraph is no longer valid - the resolution of the Governor of the Moscow Region of October 29, 2015 N 460-PG;

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

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

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

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

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

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

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

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

10. The composition of the Licensing Commission is approved by a resolution of the Governor of the Moscow Region with a term of office of three years. After the expiration of the specified period, it is approved new composition Licensing Commission, while ensuring the continuity of its activities.

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

IV. Organization of activities of the Licensing Commission

11. Chairman of the Licensing Commission:

a) manage the activities of the Licensing Commission;

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

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

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

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

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

13. Members of the Licensing Commission are obliged to:

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

b) attend meetings of the Licensing Commission;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

V. Procedure for organizing the work of the Licensing Commission

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Since May 2015, the life of organizations involved in the management of housing and communal services has become much more complicated. The requirements for the Criminal Code have also become stricter.

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

How is this issue regulated by law?

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

In particular, it is aimed at tightening the requirements for companies implementing.

Passed law made changes not only to housing legislation, but also to some other legal acts.

So, from January 1, 2015, managing organizations bear administrative responsibility for any violations of the rules of doing business in the housing and communal services sector. From May 1, 2015, they can only function on condition.

Licenses issued to management companies in the field of housing and communal services are in no way limited in terms of validity. But they operate exclusively on the territory of the subject where they were issued.

By 2019, there were no innovations in the federal legislation on the activities of the Criminal Code. Since June 2, 2016, subjects of the Russian Federation and municipalities cannot be participants in the Criminal Code.

Requirements for the Criminal Code

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

There are also special requirements for the head of the management company:

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

Where to apply for a license?

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

1. State housing supervision of the subject of the Russian Federation.
2. Regional Licensing Commission for the management of apartment buildings.

Apply for a license and Required documents needed in the first place. Goszhilnadzor reviews the submitted documentation and submits to the licensing commission a conclusion based on the results of the review.

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

What documents are required?

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

All documents must be submitted as copies certified by a notary. Internal documents companies, such as an order of appointment, can be certified with a seal.

If the premises where the management company is located is not its property, then along with the certificate of the present owner, the concluded lease agreement must be provided.

Passing the qualifying exam

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

If this stage is completed successfully, then the manager receives a qualification certificate. The presence of this document in the person heading the Criminal Code is the main condition for the successful completion of the licensing procedure.

The exam involves verification of knowledge and requirements of the legislation of the Russian Federation required for the implementation of entrepreneurial activities related to the management of apartment buildings.

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

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

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

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

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

Upon successful completion of the exam, the manager receives a qualification certificate valid for 5 years.

General term and cost of licensing

Everyone had to be licensed until early May 2015. Newly established companies are also required to go through this procedure.

No more than 30 days should elapse from the moment the application for licensing is submitted to the territorial body of the Housing Inspectorate until the receipt of a license.

It is this period that is allotted to the Housing Inspectorate and the licensing commission to evaluate the submitted documents and make a decision on the licensee.

Licensing each management company passes once during the entire activity. Received the license is valid indefinitely.

Subparagraph 134 of paragraph 1 of Article 333.33 of the Tax Code of the Russian Federation indicates the amount state duty for obtaining a license by management companies in the amount of 30,000 rubles (for 2019). The attestation exam for heads of multi-apartment building management organizations is free of charge.

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

The reasons for the likely refusal to license the management company are indicated in the Housing Code of the Russian Federation. IN legislative act it says that this can happen if:

1. The person holding leadership position in the managing organization, there is an unexpunged (outstanding) conviction for especially grave, grave, moderate and economic crimes.
2. If the head did not pass the qualification exam and did not receive a certificate.
3. The director of the company is included in the register of disqualified persons.

The license will not be issued if management company during the year, no action was taken in relation to three (or more) instructions received from the bodies of State supervision in the field of housing and communal services.

Will not be able to obtain a license for companies that have foreign registration, as well as those organizations that are in the process of liquidation or bankruptcy.

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

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

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

In this case, the penalty is imposed on entity as well as the head of the organization. Goszhilnadzor continuously monitors the activities of management organizations in the housing and communal services sector.

Affordable housing and communal services - how is the process of licensing the management company in Russia

The video clip shows how the procedure for licensing management companies in the housing and communal services sector is carried out in practice.

It explains how this procedure is regulated, in what form the process of obtaining a license for the operation of the Criminal Code takes place, what documents are required for this, what steps must be taken in stages to obtain permits.

The introduction of legislative changes in the field of housing and communal services management since 2015 provides for a new procedure for the work of entrepreneurs. Now all management companies must go through a mandatory licensing procedure in order to obtain access to the disposal of the housing stock entrusted to them. The state is tightening the rules of the game in this market in order to improve the overall level of quality of services provided and develop tools for regulating the industry.

Important! This review highlights changes in the procedure for passing the licensing procedure and the nuances of each stage for obtaining a permit for entrepreneurship in the field of housing management.

How to get a license to manage MKD

The procedure for obtaining a license has historically developed on the basis of legislative norms. Applicants adhere to the following algorithm of actions:

1. Select an area or residential building that is not serviced by housing and communal services.
2. Obtain prior approval of residents for the design of the territory for the management and disposal of housing and communal services.
3. Register as an individual entrepreneur or legal entity.
4. Collect the registration package for the nomination.
5. Get a qualification certificate.
6. Submit an application for licensing to the competent authorities.
7. Based on the results of the review, obtain permission and start activities.

Each of the stages has its own nuances.

Negotiating with residents of a potentially managed area

This step is optional, because to submit an application to the regulatory authorities, it is not required to provide the approval of the owners of any housing facilities. However, in order not to waste time, it is better to pre-establish agreements with one or more apartment buildings. Otherwise, having already received a license, the organization will not be able to start its activities.

Licensing requirements for candidates

An entrepreneur or an official nominated by an enterprise submitted for licensing must meet the following criteria:

• the applicant must be a resident of the Russian Federation;
• experience in a leadership position;
• no outstanding convictions for economic and other serious crimes.

Documents provided for licensing

Together with an application for a license, an entrepreneur or organization must submit a package of documents:

• certificate of state registration faces;
• statutory documents of the enterprise;
• fresh extract from the Unified State Register of Legal Entities;
• decision of the founders on the organization of the enterprise;
• an order on the appointment of a manager, director;
• documents confirming the availability of non-residential premises for the location of the physical address of the management company (certificate of ownership or lease agreement);
• copies of diplomas and work books employees;
• confirmation of the availability of sufficient material support - accompanying documentation for inventory, equipment, etc.;
• manager's certificate.

Copies must first be notarized. Licensing authorities are not authorized to request additional documents in excess of the established list, they receive information independently from various authorities.

Licensing process

In order to successfully pass the licensing of activities for the management of apartment buildings, the initiator of the procedure must submit the correct documentation set to the regulatory authority. Applications are accepted by the territorial department of the state housing supervision of the constituent entity of the Russian Federation. Possible application options:

• in person or through authorized representative by notarized power of attorney;
• through postal means of communication, by registered mail with acknowledgment of receipt;
• through the public services portal using an electronic digital signature.

Goszhilnadzor checks the accuracy of the information provided, sends requests to various authorities - the Federal Tax Service, the Ministry of Internal Affairs, the Treasury, etc. Based on the results of the audit, it makes a preliminary decision and submits the materials to the licensing commission for final consideration and decision. The commission gives an opinion, which is the basis for refusal or issuance of a license to the applicant. The review procedure takes no more than 30 days, another 2 weeks are provided for the execution and issuance of the document.

Important! Information about the person who has successfully completed the procedure is entered in the register. The grounds for refusal are failure to comply with the requirements of the procedure, lack of a qualification certificate, disqualification, concealment of information, etc.

The license is issued for an unlimited period, but it can be revoked if the Criminal Code ceases to meet the requirements or makes a gross violation of the law in the course of managing the housing stock.

Cases where a license is not required

According to the Housing Code of the Russian Federation, there are exceptions to general rule compulsory licensing. In cases where the disposal of the housing stock of an apartment building is given to the jurisdiction of the HOA or housing cooperative, there is no need to go through the procedure in the state housing supervision.

The new work procedure has made a significant contribution to establishing order in the functioning of managing organizations in the housing and communal services sector. Licensed companies that value their right to continue their activities are forced to comply with the procedure established by regulations and ensure the proper level of quality of services provided.