License to manage mkd. Obtain a housing and communal services license Licensing of house management activities

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

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

To obtain a license you need:

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

Who needs to obtain a license to manage apartment buildings?

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

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

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

Take the qualification test for managing apartment buildings

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

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

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

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

Collection of information for licensing

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

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

License requirements

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

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

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

Amount of state duty

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

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

Submitting an application

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

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

An inventory of the attached papers is also made.

Application processing time

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

Why the application may be returned

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

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

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

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

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

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

Issuance of a license

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

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

Why can they refuse to issue a license?

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

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

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

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

How licenses are revoked

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

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

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

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

Management of apartment buildings, until recently, was not an activity subject to mandatory licensing. However, in 2014, paragraph 51 was added to the special list of Federal Law No. 99-FZ, obliging entrepreneurs and legal entities to obtain permits to carry out work on managing apartment buildings.

The management of an apartment building means a set of works carried out under a specific agreement, which looks like in the following way:

unscheduled, routine home repairs;
cleaning, improvement of the local area;
provision of utilities and payment acceptance;
accident elimination;
passport office services, documentation maintenance.

Management of an apartment building can be carried out by various partnerships (homeowners, real estate owners) and cooperatives. In this case, obtaining a license is not required.

The legislative framework

Clause 51 No. 99-FZ, which classifies management companies as those who are required to obtain permits, was introduced by No. 255-FZ dated June 21, 2014. In addition, No. 255-FZ introduced changes to the Housing Code, which, after the amendments, also began to indicate the obligation to license this type of activity.

The responsibility that awaits violators of current legislation is specified in the Code of Administrative Offenses and the Criminal Code of the Russian Federation. Taken together, these regulations allow regulatory authorities to monitor the activities of management companies and improve the quality of the services they provide.

For entrepreneurs and legal entities involved in managing apartment buildings, there are some requirements:

registration on the territory of the Russian Federation;
officials have no criminal record related to economic crimes, as well as serious crimes;
absence of the licensee and his officials in the registers of persons with canceled licenses for managing apartment buildings;
agreement to disclosure requirements;
availability of a qualification certificate.

The last item on the list requires the licensee to successfully pass the qualification exam. Heads of management companies and employees who are responsible for compliance with the rules of management activities must have such certificates.

The exam has the form computer testing. When passing it, knowledge and legal requirements for managing apartment buildings are tested. The questions have a narrow focus in the housing and communal services sector. Upon successful completion (more than 85% of correct answers), the person being tested receives a qualification certificate for 5 years. After this period, knowledge must be tested again. Preparation for the exam must be done independently.

It is also worth noting the general requirements for management companies for conducting business:

availability of qualified labor force;
absence of violations and claims from state housing supervision;
availability of the necessary material and technical base;
no financial problems.

One of the mandatory requirements is to register the management organization as a legal entity.

Licensing of management companies is carried out by state housing supervision authorities. The procedure by which a license must be obtained is described in the special Licensing Regulations.

First of all, you need to draw up and submit the appropriate application, attaching copies to it:

qualification certificates;
registration certificates;
order on the appointment of a manager;
receipts for payment of state duty.

In some cases, instead of constituent documents, an order of appointment and a certificate of registration, it is enough to attach an extract from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs.

A complete package of documents can be submitted to the licensing authority through:

personal visit;
sending a registered letter;
sent electronically.

Specialists must check the completeness of the documents provided according to the inventory of investments and put an entry number on a copy of the inventory, handing this document to the licensee. After this, within three days, government authorities must decide to consider the application.

After making a positive decision to consider the application, housing supervision authorities after 45 days must make a decision on granting permits to the licensee. If this decision is positive, the recipient can pick up the license in person or receive it by mail, by registered mail.

Cost and validity period

To issue a license to manage apartment buildings, you must pay a state fee in the amount of 30,000 rub.. If the owner of the license needs to duplicate it or re-register it, he must pay 5000 rubles.

The license is issued to the recipient for an indefinite period, but there are territorial restrictions. If a license is obtained in a certain subject of the Russian Federation, management of apartment buildings can only be carried out in this region. Although there are no expiration dates, in certain cases the license may be suspended.

Suspension of a license can be carried out if there are violations of the current requirements of licensed activities. Temporary suspension of permitting documentation is carried out by court decision. Renewal occurs automatically after the expiration of the due date. If the comments of the regulatory authorities are not corrected within the prescribed period, the license will be revoked.

Complete termination of a license is also carried out by court decision, and housing supervision authorities must notify other government agencies about these changes.

Forecasts

Management companies that did not submit applications for obtaining a license were equated to organizations that did not want to manage houses, or organizations that were going to violate current legislation.

It was assumed that such changes in the current legislation would streamline the activities of management companies, and with their help it would be possible to achieve the proper quality of services provided. However, in practice the situation has only worsened.

Statistical studies have shown that the number of complaints from the population about the Criminal Code has increased after amendments to the legislation. It turned out that the introduction of licenses led to the fact that there were fewer management companies, the number of offers was correspondingly reduced, and, as a result, the price increased and the quality of services worsened.

In accordance with the legislation on administrative offenses, entrepreneurs and legal entities can be held administratively liable in cases of carrying out activities without a license and in cases of gross violation of conditions, if the type of activity is required for licensing.

Penalties for violators of the law are as follows:

If there is no license: 40,000-50,000 rub. with confiscation of production tools for legal entities, up to 2500 rubles. for entrepreneurs.
If the requirements specified in the license were violated: 30,000-40,000 rub. for organizations, up to 2000 rubles for individuals.
If there are gross violations of license requirements: 100,000-200,000 rub. for legal entities, up to 8,000 rubles for entrepreneurs.

In addition, management companies may also face criminal liability for illegal activities, but only in certain cases. So, if activity without a license has caused major damage or is associated with receiving large sums of money, the violator may pay up to 300,000 rub., to be attracted to correctional labor up to 480 hours or six months of restriction of freedom.

If a criminal offense was committed by an organized group of persons, the punishment is increased: a fine of up to 500,000 rubles, correctional labor for up to 5 years, or restriction of freedom for up to 5 years. There are also fines for officials.

Additional information on obtaining a license to manage apartment buildings is presented in this video.

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.

Apartment building management activities

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

There is a special management procedure, which includes:

collection and storage of all technical documents;
collection and storage of data about 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 activity licensing

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

And in order to prevent these organizations from operating houses without a license, the legislator introduced certain sanctions. The license has no validity period and is valid only on the territory of the subject of the Russian Federation that issued it. Licensing of MKD management activities has many requirements from authorized bodies that organizations need to fulfill.

Features of licensing activities for managing apartment buildings

In order to obtain a license, you must:

be an entrepreneur or legal entity;
have a qualification certificate;
have no criminal record;
do not have other licenses to carry out activities related to the management of an apartment building.

In addition, the candidate must provide a statement that he wishes to obtain a license. Next, it is necessary to comply with the requirements of housing control authorities to eliminate circumstances that do not allow licensing. If, of course, there are any. The organization must confirm compliance with these requirements using documents. The body responsible for issuing licenses verifies all information within a month.

To obtain a license you will need the following documents:

charter or other constituent agreement;
protocol on the creation of a management organization and other registration documents;
valid qualification certificate;
a document confirming that the person has no criminal record;
receipt for payment of the license fee.

Next, the state housing inspection 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 receive a qualification certificate, the applicant must pass the appropriate exam.

The procedure for carrying out this examination, including questions and determination of results, are established by the federal executive body. Disqualified persons are not allowed to take the qualified examination. The certificate is valid for 5 years. In addition, the document may be canceled if forged 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 the licensee receives two or more administrative penalties for improper performance of their duties within a year. But in this case, the owners have the right of veto, which they can impose on the decision of the government body and allow the management company to continue its activities.

Monitoring compliance by state housing supervision bodies with legislative requirements in the field of licensing

State housing supervision bodies, which are responsible for issuing licenses to organizations for managing multi-apartment buildings, are subject to state control. The procedure for implementing this control is contained in the Housing Code and other regulations of the Russian Federation.

As for the government body 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 detected on the part of the state housing supervision authorities, they demand their elimination.

Question answer

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

The management agreement specifies two organizations in relation to one house, MUP "IDEZ" and LLC "ZHEU" - this is the management company of our house. The management company of our house claims that they do not have the authority to enter into contracts with resource workers, so the first company concludes the contracts. For a number of reasons, owners must maintain two companies, since the powers are divided. How can we remove one of the companies from the contract? According to the housing code, management of the house cannot be managed by two companies?

Olga 02/24/2019 21:08

Dubrovina Svetlana Borisovna 08.03.2019 17:20

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I agree with my colleague.

Zakharova Elena Alexandrovna 09.03.2019 11:00

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List of documents for obtaining a license to manage apartment buildings

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

Vladimir 08/20/2018 15:12

Good afternoon, Vladimir. According to the provisions of the Federal Law "On Licensing of Certain Types of Activities", the following documents are attached to the application for a license: a copy of the charter, certified by a notary (for legal entities); a copy of the certificate (sheet) of state registration of the LLC (IP), the protocol (decision) on creation; a copy of the certificate of registration of changes (if any); a copy of the official's qualification certificate; a copy of the order on the appointment of an official; document confirming payment of the 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.

Saibotalov Vadim Vladimirovich 02.09.2018 19:50

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

Krainev Dmitry Anatolievich 03.09.2018 13:19

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You will also find the following articles useful

Termination of MKD management activities due to changes in license status
Informing local self-government bodies and owners of premises in apartment buildings about decisions made by the licensing commission and the State Housing Authority body
The procedure for organizing and implementing licensing control
Registers of information containing information on licensing activities for management of apartment buildings
The procedure for making a decision to grant or refuse a license
Creating conditions for managing apartment buildings
Direct management of an apartment building by the owners
Management of an apartment building in state or municipal ownership
Choosing a method for managing an apartment building. General requirements
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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 undergo a mandatory licensing procedure to obtain access to manage the housing stock entrusted to them. The state is tightening the rules of the game in this market to improve the overall level of quality of services provided and to develop tools for regulating the industry.

Important! This review highlights changes to the licensing procedure and the nuances of each stage for obtaining permission to start a business in the field of housing management.

How to obtain a license to manage apartment buildings

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

Select an area or residential building that is not served by housing and communal services enterprises.
Obtain preliminary approval from residents for the design of the territory for the management and disposal of housing and communal services.
Register as an individual entrepreneur or legal entity.
Collect a registration package for submitting a candidacy.
Receive a qualification certificate.
Submit a licensing application to the competent authorities.
Based on the results of the review, obtain permission and begin activities.

Each stage has its own nuances.

Conducting negotiations with residents of the potentially managed territory

This stage is not mandatory, because To submit an application to the regulatory authorities, it is not necessary to provide approval from the owners of any housing estates. However, in order not to waste time, it is better to first establish agreements with one or more apartment buildings. Otherwise, having already received a license, the organization will not be able to begin its activities.

Licensing requirements for candidates

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

the applicant must be a resident of the Russian Federation;
having experience in a managerial position;
absence of outstanding convictions for economic and other serious crimes.

Documents provided for licensing

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

certificate of state registration of legal entity. 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;
order on the appointment of a manager or 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 records of employees;
confirmation of the availability of sufficient material support - accompanying documentation for inventory, equipment, etc.;
manager's qualification certificate.

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

Licensing Process

To successfully pass licensing 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 a constituent entity of the Russian Federation. Possible application options:

personally or through an authorized representative under a notarized power of attorney;
by postal means of communication, by registered mail with acknowledgment of delivery;
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 transfers the materials to the licensing commission for final consideration and decision-making. The commission provides an opinion which is the basis for refusing or issuing 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 a person who has successfully completed the procedure is entered into 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 management company ceases to meet the requirements or commits a gross violation of the law in the course of managing the housing stock.

Cases when a license is not required

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

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

(introduced by Federal Law No. 255-FZ of July 21, 2014)

Chapter 19. Licensing of activities for the management of apartment buildings

Article 192. Licensing of activities for the management of apartment buildings

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

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

3. Licensing of activities for the management of apartment buildings includes the activities of state housing supervision bodies in licensing activities for the management of apartment buildings, and the implementation of licensing control.

4. 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 the manner established by the Government of the Russian Federation. The license is not transferable to third parties.
(Part 4 as amended by Federal Law No. 485-FZ dated December 31, 2017)

5. The provisions of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities” apply, taking into account the specifics established by this Code.

6. The provisions of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities” on the suspension, renewal of a license, as well as on establishing grounds for revocation of a license do not apply when licensing activities for the management of apartment buildings.

7. Control over compliance by state housing supervision bodies with the requirements of this Code and Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities” for licensing activities for the management of apartment buildings is carried out by the federal executive body authorized by the Government of the Russian Federation, in in accordance with the procedure established by the Government of the Russian Federation. In case of violation of the requirements of this Code and the Federal Law of May 4, 2011 No. 99-FZ "On licensing of certain types of activities" to the licensing of activities for the management of apartment buildings, officials of the federal executive body authorized by the Government of the Russian Federation issue to the head of the state housing supervision body mandatory execution of orders to eliminate violations.

Article 193. Licensing requirements

1. The licensing requirements are:

1) registration of a licensee, license applicant as a legal entity or individual entrepreneur on the territory of the Russian Federation. Legal entities and individual entrepreneurs registered in the territories of foreign states are not allowed to carry out activities related to the management of apartment buildings;

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;
(clause 1.1 introduced by Federal Law No. 485-FZ dated December 31, 2017)

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 case of concluding an agreement on the transfer of powers of the sole executive body - the sole executive body of a legal entity or individual entrepreneur, who such powers are transferred) to the licensee, applicant for a license, qualification certificate;
(Clause 2 as amended by Federal Law No. 257-FZ dated July 29, 2017)

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

4) the absence in the register of persons who exercised the functions of the sole executive body of the licensee whose license was cancelled, as well as persons who are responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building by the charter or other documents of the licensee and in respect of whom administrative punishment has been applied in the form of disqualification, individual entrepreneurs whose license was canceled and (or) in respect of whom administrative punishment in the form of disqualification was applied, information about the official of the licensee, the official of the license applicant;

5) the absence in the consolidated federal register of licenses for carrying out entrepreneurial activities in the management of apartment buildings of information on the revocation of a license previously issued to the licensee, the license applicant;

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

6.1) compliance by the licensee with the requirements for posting information established by Part 10.1 of Article 161 of this Code;
(clause 6.1 introduced by Federal Law dated December 28, 2016 No. 469-FZ)

7) other requirements established by the Government of the Russian Federation.
(Clause 7 introduced by Federal Law No. 176-FZ dated June 29, 2015)

2. The Government of the Russian Federation approves the regulations on licensing activities for the management of apartment buildings, indicating a list of gross violations of licensing requirements.

Article 194. Procedure for making a decision on granting a license or refusing to grant a license

1. The license applicant’s application for a license and the documents attached to it are considered by the state housing supervision body in the manner established by Federal Law No. 99-FZ of May 4, 2011 “On licensing of certain types of activities”, within a period not exceeding thirty working days from the day of receipt of the application for a license and the documents attached to it. Based on the results of consideration of the application, the state housing supervision body prepares a reasoned proposal for the licensing commission to grant a license or to refuse to grant it.

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

1) the non-compliance of the license applicant with the licensing requirements established during the inspection of the application for a license and the documents attached thereto;

2) the presence of unreliable or distorted information in the license application submitted by the license applicant and (or) the documents attached thereto.

Article 195. Registers of information containing information on licensing activities for the management of apartment buildings

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

1) register of licenses of a constituent entity of the Russian Federation;

2) the consolidated federal register of licenses to carry out business activities in the management of apartment buildings (hereinafter referred to as the consolidated federal register of licenses);

3) a register of persons who performed the functions of the sole executive body of the licensee, whose license was cancelled, as well as persons who are responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building by the charter or other documents of the licensee and in respect of whom administrative punishment in the form of disqualification, individual entrepreneurs whose license was canceled and (or) in respect of whom administrative punishment in the form of disqualification was applied (hereinafter referred to as the register of disqualified persons).

2. The register of licenses of a constituent entity of the Russian Federation must contain a section that includes information about the address of an apartment building or addresses of apartment buildings, the management of which is carried out by the licensee.

3. Maintaining the consolidated federal register of licenses and the register of disqualified persons is carried out by the federal executive body authorized by the Government of the Russian Federation, in the manner established by the Government of the Russian Federation. State housing supervision bodies are obliged to submit to the authorized federal executive body the information necessary for maintaining these registers in the manner and within the time limits established by the Government of the Russian Federation.

4. Information contained in the registers specified in part 1 of this article is open, publicly available and subject to placement in the system, with the exception of information, access to which is limited by the legislation of the Russian Federation. The list of information contained in these registers is established by the Government of the Russian Federation.
(as amended by Federal Law No. 485-FZ dated December 31, 2017)

5. An entry in the register of disqualified persons is made by the authorized federal executive body no later than the day following the day the state housing supervision body submits information about the entry into force of a court decision imposing an administrative penalty in the form of disqualification.

6. Information entered into the register of disqualified persons, as well as information about the revocation of a license entered into the consolidated federal register of licenses, must be stored for three years from the date of their entry.

Article 196. Procedure for organizing and implementing licensing control

1. The provisions of the Federal Law dated December 26, 2008 No. 294-FZ “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 dated 4 May 2011 No. 99-FZ “On licensing of certain types of activities”, taking into account the specifics of conducting an unscheduled inspection established by part 3 of this article.
(as amended by Federal Law dated June 29, 2015 No. 176-FZ)

2. Officials of the state housing supervision body, when exercising licensing control, are obliged to fulfill in a timely manner and in full the powers granted in accordance with the legislation of the Russian Federation to prevent, identify and suppress violations of licensing requirements. When exercising licensing control, officials of the state housing supervision body have the rights provided for in Part 5 of Article 20 of this Code. Moreover, if violations of licensing requirements are detected, officials of the state housing supervision body must establish that these violations were committed as a result of guilty actions (inaction) of officials and (or) employees of the licensee.
(as amended by Federal Law dated June 29, 2015 No. 176-FZ)

3. An unscheduled inspection on the grounds provided for in paragraphs 1, 4, 5 of part 10 of Article 19 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities”, as well as in connection with the receipt of applications to the state housing supervision body, applications from citizens, including individual entrepreneurs, legal entities, orders (instructions) of the chief state housing inspector of the Russian Federation on the appointment of an unscheduled inspection, issued in accordance with Part 4.2 of Article 20 of this Code, information from state authorities, local governments, from funds mass information about facts of violations by the licensee of licensing requirements is carried out without coordination with the prosecutor's office and without prior notification of the licensee about an unscheduled inspection.
(Part 3 introduced by Federal Law No. 176-FZ dated June 29, 2015; as amended by Federal Law No. 485-FZ dated December 31, 2017)

Article 197. The procedure for informing local government bodies, owners of premises in an apartment building and other interested parties about decisions made by the licensing commission and the state housing supervision body

1. The local government body of the municipality, on the territory of which the licensee carries out activities for the management of apartment buildings, the owners of premises in the apartment building, the management activities of which are carried out by the licensee, resource supply organizations with which the licensee has concluded contracts for the supply of resources necessary for the provision of public services, others interested parties must be informed about the existence of grounds for excluding information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, about a decision to exclude information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, about the licensing commission making a decision to send an application to the court to cancel a license , on the court decision to cancel the license that has entered into legal force and making a corresponding entry in the register of licenses of a constituent entity of the Russian Federation.

2. The procedure and timing for reporting the circumstances provided for in Part 1 of this article, as well as the persons responsible for compliance with the reporting requirements, are established by the Government of the Russian Federation.

Article 198. The procedure for the licensee to post information about apartment buildings, the management of which is carried out by the licensee. Grounds and procedure for entering information about an apartment building into the register of licenses of a constituent entity of the Russian Federation, excluding information about an apartment building from the specified register

(introduced by Federal Law No. 255-FZ dated July 21, 2014)

1. Information about apartment buildings, the management of which is carried out by the licensee, is subject to placement by the licensee in the system. The composition of the specified information to be placed in the system is established by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of information technology, together with the federal executive body, carrying out the functions of developing and implementing state policy and regulatory -legal regulation in the field of housing and communal services.
(Part 1 as amended by Federal Law No. 469-FZ dated December 28, 2016)

2. In the event of a change in the list of apartment buildings, the management activities of which are carried out by the licensee, in connection with the conclusion, termination, termination of an agreement for 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, and also send them to the state housing supervision authority.
(as amended by Federal Laws dated December 28, 2016 No. 469-FZ, dated December 31, 2017 No. 485-FZ)

3. The state housing supervision body, after receiving the information specified in part 2 of this article, makes changes to the register of licenses of a constituent entity of the Russian Federation in the manner and within the time frame approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services. If the licensee fails to provide the information specified in Part 2 of this article about the termination or termination of the management agreement for an apartment building in the manner and within the time frame established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services economy, the state housing supervision body makes changes to the register of licenses of a constituent entity of the Russian Federation on the inclusion of information about an apartment building in this register and (or) on the exclusion of such information from this register based on the results of an unscheduled inspection, the basis for which is the receipt of information from another licensee in connection with the termination, termination of the management agreement for an apartment building and the conclusion of such a management agreement with another licensee. The provisions of this part also apply to cases of changing the method of managing an apartment building and in this regard submitting to the state housing supervision body the information specified in parts 6 and 7 of Article 110, parts 7 and 8 of Article 135 of this Code.
(as amended by Federal Laws dated June 29, 2015 No. 176-FZ, dated December 31, 2017 No. 485-FZ)

3.1. If the court invalidates the decision of the general meeting of owners of premises in an apartment building on the choice of a management organization or on changing the method of managing an apartment building, which served as the basis for sending to the state housing supervision body the information specified in Part 2 of this article, changes to the register of licenses of a subject of the Russian Federation Federations are introduced by the state housing supervision body 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.
(Part 3.1 introduced by Federal Law No. 485-FZ dated December 31, 2017)

4. If the requirements for posting the specified information in the system are met and the state housing supervision body makes changes to the register of licenses of a constituent entity of the Russian Federation in connection with the conclusion of an agreement for the management of 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 Article 162 of this Code, except for the case specified in Part 7 of this article.
(as amended by Federal Law No. 469-FZ dated December 28, 2016)

5. If, within twelve months from the date of issue by the state housing supervision body of an order in relation to an apartment building or apartment buildings, the management activities of which are carried out by the licensee, the licensee and (or) the official, the officials of the licensee were convicted by the court two or more times an administrative penalty has been imposed for non-fulfillment or improper execution of the specified order, information about such 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 decision-making provided for in Part 7 of this article.
(Part 5 as amended by Federal Law No. 485-FZ dated December 31, 2017)

5.1. If, within twelve months from the date the state housing supervision body issues an order to eliminate violations of one or more licensing requirements provided for in paragraphs 1 - 5 of part 1 of Article 193 of this Code, the licensee and (or) an official, the licensee’s officials are appointed by the court administrative punishment for non-fulfillment or improper execution 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 is excluded from the register of licenses of a constituent entity of the Russian Federation.
(Part 5.1 as amended by Federal Law No. 485-FZ dated December 31, 2017)

5.2. If the licensee and (or) an official, officials of the licensee, within twelve months from the date of imposition of an administrative penalty for a violation of licensing requirements, which is classified as a gross violation of licensing requirements, again commits such a violation of licensing 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.
(Part 5.2 introduced by Federal Law dated December 31, 2017 No. 485-FZ; as amended by Federal Law dated April 3, 2018 No. 59-FZ)

5.3. If within twelve months the licensee and (or) an official, officials of the licensee have been imposed an administrative penalty three or more times by the court for obstructing the legitimate activities of an official of the state housing supervision body to conduct inspections or evading such inspections, by decision of the authority State housing supervision from the register of licenses of a constituent entity of the Russian Federation excludes information about an apartment building or about all apartment buildings in respect of which the licensee took actions (inaction) aimed at preventing such inspections or evading such inspections.
(Part 5.3 introduced by Federal Law No. 485-FZ dated December 31, 2017)

5.4. If a court decision declaring a licensee bankrupt comes into force in accordance with Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)”, by decision of the state housing supervision body, information on all multi-apartment buildings is excluded from the register of licenses of a constituent entity of the Russian Federation houses in respect of which the licensee carries out management activities.
(Part 5.4 introduced by Federal Law No. 485-FZ dated December 31, 2017)

6. 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 activities of managing such a building in the manner established by Article 200 of this Code. 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 has no right to carry out activities related to the management of such an apartment building, including charging and collecting fees for residential premises and issuing payment documents to consumers, except for the cases provided for in Part 3 of Article 200 of this Code.
(as amended by Federal Law No. 485-FZ dated December 31, 2017)

7. Within two months from the date of proper notification in the manner established by Article 197 of this Code of the owners of premises in an apartment building about the existence of grounds for excluding information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, these owners have the right to make a decision at a general meeting of owners of premises in an apartment building on the licensee’s continuation of activities related to managing an apartment building. Within three working days from the date of registration of the minutes of the general meeting of owners of premises in an apartment building, the state housing supervision authority must be notified of the decision made by sending it a copy of the minutes of the general meeting of owners of premises in an apartment building by registered mail with return receipt requested. In this case, information about such a house is not excluded from the register of licenses of a constituent entity of the Russian Federation.

Article 199. Cancellation of a license and termination of its validity

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

2. The basis for the licensing commission to consider the issue of applying to the court to cancel 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 this Code, information about apartment buildings, the total area of the premises in which is fifteen or more percent of the total area of premises in apartment buildings, the management activities of which were carried out by the licensee during the calendar year preceding the date the licensing commission made a decision to go to court, as well as the absence for six months in the register of licenses of a constituent entity of the Russian Federation of information about apartment buildings houses managed by the licensee.
(as amended by Federal Law No. 485-FZ dated December 31, 2017)

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

Article 200. Termination of activities related to the management of apartment buildings due to the exclusion of information about the apartment building from the register of licenses of a constituent entity of the Russian Federation, termination of the license or its cancellation

1. 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 in the manner established by Article 198 of this Code, as well as in the event that the license is terminated or canceled in accordance with Article 199 of this Code, is obliged to transfer it to the person who accepted undertake obligations to manage an apartment building, technical documentation for an apartment building and other documents related to the management of such a building, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of the owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, within three working days from the date of the occurrence of the events provided for in Part 3 of this article.
(Part 1 as amended by Federal Law No. 485-FZ dated December 31, 2017)

2. The procedure for terminating the activity of managing an apartment building in connection with the exclusion of information about the apartment building from the register of licenses of a constituent entity of the Russian Federation, termination of a license or its cancellation is established by the Government of the Russian Federation.

3. The licensee, in the event of exclusion of information about an apartment building 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 this Code, is obliged to properly fulfill the duties of managing the apartment building, providing services and (or) performing work on the 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:
(as amended by Federal Law dated June 29, 2015 No. 176-FZ)

1) the emergence, in accordance with Part 7 of Article 162 of this Code, of obligations to manage such a house from a management organization selected by a general meeting of owners of premises in an apartment building or selected based on the results of an open competition held by a local government body;

2) the occurrence of obligations under a management agreement for an apartment building concluded by the management 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 this Code;

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

4. Within fifteen days from the date of receipt of a notification from the state housing supervision body about the exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, about the termination of a license, about its cancellation, the local government body convenes a general meeting of owners of premises in an apartment building to resolve the issue about choosing a way to manage such a house.
(as amended by Federal Law dated June 29, 2015 No. 176-FZ)

5. If the decision of the general meeting of owners of premises in an apartment building, held in accordance with the requirements of Part 4 of this article, on the choice of method of managing such a house is not accepted or implemented, or the general meeting of owners of premises in an apartment building, which is held by a local government body is obliged to initiate in accordance with part 4 of this article, if a quorum was not held or did not have a quorum, the local government body, within three days from the date of this general meeting or after the expiration of the period specified in part 4 of this article, is obliged to announce an open competition for the selection of a management organization and conduct this competition in the manner established by the Government of the Russian Federation, in accordance with Part 4 of Article 161 of this Code within one month from the date of announcement of this competition.
(as amended by Federal Law dated June 29, 2015 No. 176-FZ)

6. If, in accordance with the legislation of the Russian Federation, an open competition for the selection of a management organization is declared invalid, it is permitted to conclude an agreement for the management of an apartment building without holding an open competition provided for in parts 4 and 13 of Article 161 of this Code.

Article 201. Licensing commission

1. A subject of the Russian Federation creates a permanent licensing commission to ensure the activities of state housing supervision bodies in licensing the management of apartment buildings in a subject of the Russian Federation.

2. The decision to create a licensing commission determines the composition of the licensing commission and the procedure for its work, and the chairman of the licensing commission is appointed.

3. In the licensing commission, at least one third of its members must be represented by self-regulatory organizations, public associations, and other non-profit organizations specified in Part 8 of Article 20 of this Code.

4. The powers of the licensing commission include:

1) making a decision on issuing a license or refusing to issue a license;

2) passing the qualifying exam;

3) participation in licensing control activities;

4) making a decision to go to court with an application to revoke the license.

5. The decision of the licensing commission is the basis for issuing the corresponding order (instruction) of the state housing supervision body.

6. The federal executive body authorized by the Government of the Russian Federation approves methodological instructions on the procedure for the formation and activities of the licensing commission.

7. A decision of the licensing commission made in violation of the requirements of this Code may be challenged in court or declared invalid by a decision of the federal executive body authorized by the Government of the Russian Federation.

8. Members of the licensing commission guilty of violating the requirements of this Code and the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities” bear disciplinary, civil, administrative, and criminal liability in accordance with the legislation of the Russian Federation.

Article 202. Qualification certificate

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

2. Verification of the qualifications of a person applying for a qualification certificate (hereinafter referred to as the applicant) is carried out in the form of a qualification exam. The procedure for conducting the qualification exam, the list of questions offered to the applicant at the qualification exam, the procedure for determining the results of the qualification exam are established by the federal executive body authorized by the Government of the Russian Federation.

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

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

5. A qualification certificate is issued provided that the applicant has passed the qualification exam. Failure of the applicant to pass the qualification exam is the basis for a decision to refuse to issue a qualification certificate. The decision to refuse to issue a qualification certificate may be challenged in court.

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

7. The qualification certificate is canceled in the following cases:

1) obtaining a qualification certificate using forged documents;

2) entering information about the licensee’s official into the register of disqualified persons;

3) the entry into force of a court verdict against an official of the licensee, providing for punishment for crimes in the economic sphere, for crimes of medium gravity, serious and especially serious crimes.

8. The procedure for issuing and canceling a qualification certificate, its form, and the procedure for maintaining the register of qualification certificates are approved by the federal executive body authorized by the Government of the Russian Federation.

The president
Russian Federation
V. PUTIN