Some time ago, the issue of obtaining a license for the management of apartment buildings became an actively discussed topic in the housing sector. The government has provided a fairly understandable procedure, but in practice there are various questions, so this topic requires preliminary study. The whole procedure is regulated by law, namely, Art. 192 LCD RF. What is the procedure for obtaining a license? Is it possible to work without it? What documents are required to receive it? The answers to these questions are provided by our article.
Basic concepts
The license for the management of apartment buildings allows management companies to gain access to work related to maintenance.
The front side of the license contains the following data:
- Title.
- Licensee Information.
- Number (identifier), date of receipt of the document.
- The name of the authority that issued the license.
The following data is displayed on the reverse side:
- Location of the Criminal Code.
- The area of action.
- Data on the commission that conducted the licensing.
The format of the document is A4. Information on all issued securities is recorded in the federal database on the portal of the State Housing Inspection and in the registers of licenses for managing apartment buildings by entities.
Who issues the document for how long
Until 2018, licenses were granted perpetual. Now the State Housing Supervision Authorities are writing them out for 5 years. The reason for this is a statement from the applicant, successful exam results, documents submitted, and a commission decision.
The issuance of a license for the management of apartment buildings is carried out by the State Housing Supervision and the licensing commission. The State Housing Supervision Authority in each subject of the country is a housing inspection. There are regions in which the indicated name is changed in accordance with regional legislation.
70% of the commission should be members of public organizations directly related to housing and communal services, and 30% should be representatives of the legislative assembly and city authorities.
On certain issues, these bodies are interchangeable and mutually supportive organizations. They act in concert when making a decision on refusal, cancellation, issuance of a license for the management of MKD (apartment buildings), as well as in carrying out activities related to the control and supervision of the actions of the Criminal Code.
Housing inspectorates have been functioning for quite some time. The principles of their work and methods for monitoring the actions of the Criminal Code are known to many citizens. Homeowners, if they have disagreements with the management company, make a complaint and contact the inspectorate with it.
To perform certain actions and the requirements of fulfillment of obligations, one should understand the features of the functioning of the housing sector. The activities carried out by the licensing commission are quite general, and in some cases completely formal.
The legislation contains two requirements for potential members of the commission:
- At least 2 years of work experience in the housing and utilities sector.
- The presence of higher education.
Permits are valid and apply only to the region in which they were issued.
Legislative regulation
All issues related to the license for the management of multi-apartment buildings are covered in the legislative standards.A lot of federal regulations have been adopted, to which regional laws are attached. For example, administrative regulations that are approved to comply with legislative requirements.
The licensing procedure is regulated by the following normative acts: section 10 ZhK, 1110-P of the Government, 99-FZ, 255-FZ, 657-P and 658-P of the Ministry of Construction.
Varieties of work related to the maintenance of MKD
When submitting a package of documents for licensing certain types of activities, many have the question of who has the right to act as an applicant. Who should take the qualification test?
The management company must sign an agreement with the tenants. But a license is required to conclude an apartment building management contract. Without it, it is impossible to carry out activities related to housing and communal services.
The following types of work are subject to licensing:
- The provision of services specified in the agreement with housing and communal services companies.
- Work related to the improvement of the local area.
- Safety of documentation, document management.
- Scheduled home repairs, maintenance.
- Collection of obligatory payments.
- Emergency services, as well as ensuring the normal functioning of a residential building.
Who does not need a license
It turns out that without this document, individual organizations serving housing complexes and individual houses can legally work. The licensing procedure for certain types of activities must go through management companies. HBC and HOA are non-profit organizations. This means that these organizations do not require a license. They can conduct their activities without receiving this document until the legislative bodies change the situation.
Requirements for Applicants
In accordance with the Decisions, the following requirements have been developed and approved for applicants for a license to manage an apartment building:
- Lack of disqualification and criminal record.
- The presence of a qualification certificate.
- The license document should not be canceled at the initiative of the commission.
- Compliance with the rules for the provision of services in MKD.
- Documents on state registration of the Criminal Code must have the appropriate code for OKVED.
- Providing financial statements demonstrating the satisfactory performance of the management company.
Passing a qualification exam to obtain a certificate
Testing, as well as obtaining a certificate based on its results, is a rather long-term process.
Managers must pass an examination for knowledge of the Housing Law, as well as an examination conducted by the commission. The decision on the possibility of issuing a document is made by industry veterans, representatives of the housing sector, public figures.
The order is as follows:
- Submission of a statement of desire to be tested.
- Examination procedure.
- Getting the result and certificate.
The applicant for a license must apply to the DZHN with a certificate, application and other documents.
In certain regions, you can familiarize yourself with the list of exam questions in advance and pass a mock exam. Legislatively, the number of representatives subject to certification has not been established. The issue of numbers in each case is considered individually. But to ensure interchangeability, it is recommended that at least two representatives pass the test: the chief executive officer and his deputy.
An exam is conducted in the form of testing on a computer. A total of 200 questions have been developed, each of which offers three possible answers. The test subject must select one of them. During the registration process for the exam, each is assigned an individual identifier, in accordance with which a unique list of 100 questions is provided. The representative will have to consistently answer them in two hours. There is no way to return to missed tasks.
If the Criminal Code does not pass the exam, then they will refuse to obtain a license.Then MKD will remain without community supervision. Within half a month after receiving official notification from the city administration, homeowners must hold a meeting and decide on the re-election of the Criminal Code. If the owners do not come to a unanimous opinion, the city authorities will select the Criminal Code on their own, without the participation of residents of the MKD.
Procedure for obtaining a license
To receive a document, you should:
- Drawing up an application for admission to the exam.
- Checking the register of disqualified persons (takes 3-10 days).
- Receive notification of admission to testing (15 days).
- Registration for testing, its conduct.
- The protocol on the results of the examination is generated automatically, but they sign it within 3 days.
- Announcement of the results (no later than 5 days from the date of its implementation). The notification is sent electronically.
Cost
For issuing a license, you must pay the state commission:
- Initial receipt - 30 thousand rubles.
- Re-registration - 5 thousand rubles.
- Issuance of a duplicate license - 5 thousand rubles.
Each UK can use the services of intermediaries who will take care of all the registration tasks. But in this case, the costs will increase by up to 85 thousand rubles.
Required documents
To obtain a license and conclude an apartment building management contract, you must provide:
- Statement.
- Constituent documents.
- The order of assignment.
- Qualification certificate.
- Receipt of payment of state commission.
Documents can be submitted by mail, through the MFC, through a personal visit to the licensing commission, through a proxy or representative.
Renewal of the license for the management of apartment buildings and the procedure for its extension
If the document expires, it should be extended. If an old-style license is issued, it is subject to renewal. The extension procedure is carried out on the basis of documents and applications within 2 days after verification, but no later than a month from the date of registration of the application. Based on the test results, the commission prepares a reasoned decision on licensing the management of multi-apartment buildings.