Currently, licensing of a management company (UK) in the field of housing and communal services is mandatory. It is important to determine what requirements should be presented to the Criminal Code, what documentation should be provided in order to obtain a permit, what are the grounds for depriving the license of the Criminal Code and responsibility for breaking the law.
What is a license?
So, a license means a document issued by a local government authority, which, in turn, must comply with the requirements of the law on licensing management companies and provide the right to manage apartment buildings. Among the rights we highlight the implementation of a full range of services that relate to management. Today, two types of licenses are issued. This applies to all management companies and HOAs.
In accordance with the law on licensing management companies in the housing and communal services sector, the management of apartment buildings is carried out by permission (license), not counting the management of the HOA or other authorized company.
Requirements
A person who applies for this permission must meet the following requirements:
- Must be registered IP or LLC in the Russian Federation.
- An LLC or IP official must have a qualification certificate, which is issued for a period of up to five years. Accordingly, based on exam results. Examinations are taken directly by an official of the licensing commission. In this case, it is necessary to answer several questions in a short period of time. Of all the questions, most should be correct.
- An LLC or IP official must not have an outstanding criminal record for economic crimes of any kind.
- There should not be data on the official of the LLC or individual entrepreneur in the register of persons whose licenses were canceled, or administrative responsibility was applied to the manager.
- A previously issued permit for the management of an apartment building shall not be revoked.
What else involves licensing a management company?
An application for a license is filled out indicating the sites and other sources of information where the recipient tells about his own activities.
Commission work
Licensing of the Criminal Code is carried out by regional commissions. Among the members of the commission should highlight representatives from state authorities, public organizations. Earlier it was supposed to include SRO participants in the number of such representatives. When licensing housing and utilities management companies, it is necessary to attract about twenty people to make decisions. But in fact, it is possible to attract only a third of the named amount. Certification on the subject of knowledge in the field of the current legislation of the Russian Federation is carried out directly by the same commission when using test material. The person who plans to pass the certification, in turn, is responsible for the property of the house. This may be an employee of the Criminal Code. Usually, heads of departments who are responsible for house maintenance are sent for certification from the Criminal Code.
A qualification exam is taken for licensing housing and communal services management companies.
Presence in all subjects
The main powers for licensing housing and communal services this law assigns to licensing commissions. They must be present in all subjects.Licensing commissions are required to take a qualification exam and decide whether or not to issue a permit. This commission includes community representatives. Of these, 1/3 are part of the SRO, public associations, and other non-profit organizations that carry out housing control. Consequently, the state seeks to strengthen the importance of public control in the structure of housing and communal services.
Who regulates the licensing of the management company?
Who issues licenses?
Licenses for management companies are issued on the basis of Decree of the Government of the Russian Federation No. 1110 of October 28, 2014. This resolution approves the provision on licensing the activities of managing companies for apartment buildings.
An appeal in the form of filling out an application for a license should be considered by the licensing authority. It is important to attach a duplicate qualification certificate, an inventory of documents. The state duty is thirty thousand rubles. Such a statement is subject to consideration by the state housing supervision body in terms that do not exceed thirty days from the moment of its receipt. The period for the creation of an order with the content of information regarding whether to grant a license or not should not exceed 45 days from the date of receipt of the application.
An appropriate decision should be made in accordance with the opinion of the licensing commission of management companies. A refusal to issue a license may occur when an individual entrepreneur or LLC does not have any compliance with the requirements for persons who have the right to apply for a license or have provided false information and documents.
Loss of license
There are cases in which the management company may lose the license. The analyzed law provides for some provisions in order to increase the level of responsibility of the Criminal Code. These include the fact that the loss of rights to manage the house by the management company is possible if the order of the state housing supervision authority is not fulfilled throughout the year.
It is also important to note that the management company may be deprived of a license. Such a decision is made by the judicial authority at the request of the aforementioned supervisory authority.
Applicant Verification
We emphasize that even when the supervisory authority makes a decision on issuing a license to manage apartment buildings, the applicant checks the applicant, where requests are made to the Ministry of Internal Affairs, the Inspectorate of the Federal Tax Service, the Ministry of Construction and Housing and Public Utilities, as well as providing information from the Treasury to verify the information provided from the applicant. The regional ministry fills out a register of persons who were deprived of their license and held administrative responsibility as a disqualification. Electronic information can speed up the verification process. The licensing process is public. In some entities, licensing commissions are entitled to request data from other units, while in other entities applicants for a license independently submit requests with due payment for the final work. This kind of non-distribution requires further work on the part of both licensing commissions and supervisory authorities in the field of housing and communal services under 255 Federal Laws.
Registry
The authorities maintain a national and regional register of persons who have received a license, a qualification certificate for managing the house. Public information contained in registries:
- on the issuance of licenses;
- about recipients of licenses;
- persons who have been disqualified for violating licensing conditions.
In addition, regional and federal registries are currently being created. After receiving permission, everyone learns about which houses are under the direct control of their company.In the case of taking responsibility for the management of an apartment building as an addition, it is necessary to make changes in the form of an appendix to the license. Obtaining permission again is not necessary. The issuance of a license is carried out one-time, it is not necessary to renew or renew it.
Control
The Ministry of Regional Development exercises control over the licensing system. Verification in the area of compliance with the requirements for licensing of the Criminal Code is carried out in a planned and unscheduled manner. A planned check is carried out by this ministry, an unscheduled check is carried out on the basis of statements by interested parties.
Fines
An important aspect in this law is the amount of fines for non-enforcement. For example, for carrying out activities in the field of managing apartment buildings in the absence of a license, a fine is imposed in the form of a fine: for officials - 50,000-100,000 rubles or disqualification for a period of up to 3 years, respectively, for individual entrepreneurs - 150,000-2550,000 rubles or disqualification up to 3 years, for legal entities - 150,000-250000 rubles.
Requirements for the management company during licensing must be followed.
An administrative fine may be imposed for a member of the licensing commission. For example, for unjustified decision-making on the issue of issuance, or an unjustified refusal to obtain a license, a fine is provided for officials in the amount of 50,000-100,000 rubles. This confirms 255 Federal Laws.
findings
In this way, After analyzing the legislative aspects regarding the licensing of management companies, it is not known how its entry affects the quality of services provided by these companies. The main significance of this normative act consists precisely in leaving on the market those companies which, in good faith, most efficiently and honestly fulfill their own responsibilities for managing an apartment building. However, this makes it difficult to operate those companies that often violated the conditions of the law and were administratively liable for these violations.
Owners of apartments have the right to independently decide on the abandonment of the management company or its replacement, the refusal of its services. In this case, the largest part of the responsibility is imposed on the state housing supervision authorities, because their duties are to issue or withdraw licenses, as well as to exercise licensing control. Consequently, management companies must strictly comply with all requirements received by them from the aforementioned control body, since non-compliance with the conditions of these requirements also provides for administrative liability.
We examined how the licensing of the management company goes.