Licensing of management companies in housing and communal services: documents and requirements. Law on licensing of management companies

Licensing of management companies - what is it, what is being done for, how is the process organized and what is the benefit of tenants from apartment buildings?

The license is ...

License - a document issued by a local government authority that confirms compliance with the requirements of the law and gives the right to manage apartment buildings. This includes the right to provide both a full range of services and some of them related to management. Thus, two types of licenses are issued.

The rules apply to all management organizations, regardless of the form of ownership (public, municipal, private), and HOA.

Licensing of management companies now obliges them to have a permit. Doing business without permission will result in a fine of 300 thousand rubles. Or prohibition to work in a similar position to an individual (maximum 3 years).

The law requires both the organization and the person holding the position of the head (director). In the case of HOA, the fulfillment of the requirements, as a rule, concerns only the chairman.

The peculiarity of the license in the management of multi-apartment buildings is its perpetuality. It operates until the company ceases to exist or is not punished.

Issues of legislation

In this area, a whole package of normative acts has been adopted, it includes laws and acts adopted by the government, as well as local state authorities responsible for organizing the licensing process.

• The RF LC is the main law on the licensing of management companies.
• The law "On licensing of certain types of activities" is used in a part that does not contradict the Jogorku Kenesh, its provisions on suspending the action, the return of a license to management companies does not apply.
• Regulation on licensing of management companies - Government Decree No. 1110 of October 28, 2014.

To them it is necessary to add the laws "On Technical Regulations for the Safety of Buildings and Structures", "On Energy Saving and Energy Efficiency".

Managing organizations are subject to the rules of management and maintenance of MKD, the rules for the provision of public services and many other acts that directly or indirectly affect the activities in the area of housing and communal services.

Requirements for the company

Apply for a license can:

• IP and commercial organizations that are not under the procedure of bankruptcy or liquidation, and have a state registration at the time of filing.
• HOAs serving more than one house, unless they are located on one site (then there is no need to obtain a license) and they do not have a common engineering network.
• Performing licensing requirements.
• A company previously forcibly deprived of a license can not receive it again.
• Open access to documents on the financial and economic activities of the organization was provided.
• In the system of informing housing and communal services, the organization regularly publishes information, according to the law.

Licensing the activities of management companies provides quite reasonable requirements for applicants.

Additional requirements for IP or the head of the company

Some requirements are imposed on the head of the company or IP:

• The presence of a certificate for the head of the management company.
• Absence of previous convictions for economic crimes (Chapter 22 of the Criminal Code), for serious crimes and crimes of moderate severity.

Licensing of the activities of management companies of the housing and communal services does not require a specified number of employees with experience or education. This paragraph helps not to create obstacles in the employment of people without education or without experience.

Legislation requires that an IP applicant for a license is not previously deprived of it or is not subject to disqualification for violating the rules of home service.

Given that the IP has the right to hire a limited number of people, it's easier to immediately organize an LLC or a different legal entity. Person, then not to deal with the re-issuance of documents in case of business expansion or changes in legislation. The law on the licensing of management companies does not automatically provide for a reissue of a permit.

Licensing authorities

Licensing of management companies is provided by regional commissions, which include representatives of both government agencies and the public.

It was planned that they would be represented by members of self-regulating organizations.

The introduction of members of the public in their composition is aimed at reducing the risks of corruption.

The procedure for licensing management companies requires the collection of at least 20 people for decision-making, but in practice it is possible to attract for work not more than a third of the required number.

Attestation is carried out by the same commission by exam in the form of a test on the computer for knowledge of the law. It passes the person responsible for maintaining the common property of the house. They do not need to be the head of the enterprise. The sphere of housing and communal services is often supported by the city-forming enterprises, and it is unlikely that the director of a huge industrial company will pass the attestation. Therefore, for this purpose, the head of the unit responsible for servicing the houses is sent.

The choice of an employee remains for the company, which, in general, is not bad, given the realities in the housing and communal services.

Certification and its order

The question is, who will be responsible for the common property of the house. He will have to study the licensing of management companies. The procedure is as follows:

• The applicant submits an application;
• Documents are sent by mail, in person or through electronic service;
• Checking for a criminal record;
• A call to the exam is provided by sending an invitation by mail or through electronic service;
• Verification is carried out within 15 days after submission of the application;
• The invitation is sent no earlier than 5 days before the test;
• Registration of the incoming candidates is solely the responsibility of the secretary, other members of the commission have no right to be present;
• 2 hours are given to answer 100 questions;
• It is completely forbidden to leave the premises where the exam is conducted, and to bring along any reference literature, legislation, etc.;
• The exam is considered successful when receiving at least 172 points, provided that the correct answer is estimated at 2 points.

The questions for licensing the management company are posted on the Internet, everyone can read them.

Within a week, members of the commission publish the results in the form of a signed protocol.

Testing is free of charge, and candidates are not limited in the number of attempts after failure. Participants are notified of the result.

Registration and cancellation of the certificate

Its registration is carried out at the request of the proekazmenovannogo person, it is attached notification.

The certificate is produced somewhere for a week or longer, depending on how busy the employees of housing supervision are. The document blank is protected and numbered.

Loss of the certificate or its damage, change of a surname, a name, a patronymic give the right to receive the new document. A statement is being written, supporting papers are attached.

The new document has the same number as the previous one, but the old one is transferred to the housing supervision body, if it is not lost.

Circumstances terminating the validity of the certificate:

• Sentencing on the relevant article of the Criminal Code;
• Disqualification, according to the Administrative Code;
• Revealing that earlier for admission to the exam fraudulent documents were used.

Termination of the certificate is issued by the protocol of the licensing commission.

Procedure for obtaining a license

If you want to get a permit, you must hand in a package of documents, the commission considers them for 30 days. Licensing of management companies is built according to the same scheme as issuing permits for other types of activities, taking into account the specifics.

The list of documents is limited by legislation, and officials have no right to go beyond it. The regulation on licensing of management companies is strict in this respect.

The collected papers are considered, and the applicant either agrees or is denied it. An incorrect completed application or a shortage of the enclosed documents obliges to notify the applicant about this, pointing out the drawbacks. The correction is given for 30 days. Leaving the term gives you the right to re-apply for a license.

If there is no reason prohibiting a company or a person from working in the housing and communal services sector, it is permitted to re-apply the documents, removing the deficiencies or attaching missing documents to the new application.

The package is transferred to the office in person, through a representative by proxy or by mail with a notification letter.

It is allowed to use electronic services for filing papers and obtaining a license.

If the license is spoiled or lost, a duplicate is issued, for which the fee is taken.

Interaction with other bodies

Verification of the applicant includes requests to the Ministry of Internal Affairs, the Federal Tax Service, the Ministry of Construction and Housing, and the Treasury to verify the information. Is there a previous conviction that the enterprise has a registration, according to the records of the Federal Tax Service.

The Ministry of Regional Development maintains a register of persons who have been deprived of a license or who have been subject to administrative punishment in the form of disqualification. The availability of electronic services facilitates the task and makes a senseless deception. Licensing the activities of management companies is a public process.

In some regions, the commission requests information from other services in the order of interaction, in other applicants it is necessary to make inquiries themselves, naturally, paying for their result.

Documents for registration of the license

• A statement, according to the form from the regional regulations;
• Certificate of registration of a legal entity or an IP;
• Copy of the organization's charter;
• A copy of the passport, if the applicant is an IP;
• INN;
• Qualification certificate;
• A receipt for payment of the state duty for issuing a license;
• list of documents.

These are exemplary documents for the licensing of management companies.

The publicity of the licensing system

The authorities maintain a national and regional register of persons who have received a license, a certificate for managing the house.

Information in the registers is considered to be publicly available:

• Issued licenses;
• Recipients of permits;
• Persons disqualified for violation of license conditions.

Regional and federal registers are maintained.

Having found a license, anyone can find out what houses the company manages.

If the company takes care of servicing an additional home, a change to the licensed application is made. You do not need to get permission again.

It is issued once, no renewal or re-registration is required.

The system of control and challenging the actions of licensing bodies

The licensing system is controlled by the Ministry of Regional Development. Inspections of how the requirements for the licensing of management companies are met are conducted on a planned and unplanned basis. The first category is held, according to the plan in the ministry, the second - according to the statements of all interested persons.

They are held at the place of work or by documents on the orders of the Minister.

The order specifies:

• Who conducts the audit;
• Subject, grounds for conducting;
• Audited body;
• Terms of check, start and end date;
• Papers that are required to be submitted to the inspection committee.

The duration of the procedure is not more than 30 days.

The results of the audit are set out in the act of the commission with the justification of the conclusions. If violations are detected, an order is issued to eliminate them. The regional body is obliged to report on implementation 10 days after its implementation.

Dissatisfaction with the results does not deprive the right to apply to the court in the CAS order. The law does not prohibit applying at first to the court, but still there will be questions about the opinion of the ministry.

Thus, issues related to the licensing of management companies are resolved by all levels of government.