The introduction of legislative changes in the field of management of housing and communal services from 2020 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.
Requirement of a license
Starting from 2020, all organizations providing management activities for multi-storey buildings are required to have a special license.
The requirement for the presence of such a document is established in accordance with regulatory law 7 FZ-255 of July 21, 2014. In order to obtain such a document, it is necessary to ensure compliance with certain licensing conditions and pay the required state fee in such cases - 30 thousand rubles for initial registration and 5 thousand rubles for repeated registration. An organization applying for a permit will need to have:
- Certificate of registration of the legal entity in which the management company will act;
- Pre-drafted contract for house management;
- Application on behalf of the head of the organization about the need to be included in the register of licenses for managing apartment buildings;
- Qualification certificate.
Completing the procedure for obtaining a license is a mandatory step for the existence of all companies servicing apartment buildings on the basis of a management agreement concluded with the residents of such a building. In such a situation, it does not matter whether the company operates with one house or several.
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.
There are also requirements for legal entities:
- registration in the Russian Federation;
- availability of material resources - office, equipment, special equipment, etc.;
- staffed (repair team, administrative workers, etc.);
- transparency and openness of information about economic activities;
- absence of the applicant from the list of disqualified persons;
- not activated bankruptcy or liquidation procedure of the organization.
Obtaining a qualification certificate
An entrepreneur or an authorized representative of the management company undergoes qualification testing at the licensing commission. 200 exam questions are known in advance, half of them are randomly included in the test. Time to solve – 2 hours, minimum passing level – 86% correct answers. Based on the results of testing, members of the commission may conduct an additional conversation regarding the applicant’s awareness of the current legislation in the field of housing and communal services.
Important! Failure of testing serves as a reason for refusing to issue a license to carry out business activities for managing apartment buildings.
Licensing of management companies
Federal Law No. 255-FZ of July 21, 2014 “On amendments to the Housing Code of the Russian Federation, certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation” (hereinafter referred to as Federal Law No. 255-FZ), Housing Code Russian Federation dated December 29, 2004 No. 188-FZ, supplemented by the section “Licensing of activities for the management of apartment buildings.”
The administration of the city of Perm informs you from which management companies (organizations) applications were received to the State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) for a license to carry out business activities to manage an apartment building.
A complete list of apartment buildings that have submitted applications is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, “Register of license applicants” tab.
Within one month from the date of notification, the owners of an apartment building have the right to make a decision at a general meeting of premises owners to terminate the management agreement with the license applicant and/or choose a different method of management.
For the provision of methodological and informational support in order to organize a general meeting of owners of premises in an apartment building to make a decision on terminating the management contract with the license applicant and/or choosing a different method of management, owners can contact the housing and communal services and housing departments of the territorial bodies of the Perm city administration at the location of the apartment building at home at the following numbers:
| Administration | Telephone |
| Administration of Dzerzhinsky district | 246-55-42 |
| Administration of the Industrial District | 227-91-90 |
| Administration of the Kirovsky district | 283-28-50 |
| Administration of Leninsky district | 212-13-63 |
| Administration of Motovilikha district | 260-45-67 |
| Administration of Ordzhonikidze district | 263-47-26 |
| Administration of the Sverdlovsk region | 244-40-13 |
| Administration of the village of Novye Lyady | 295-85-82 |
If the owners of the premises make a decision to hold a general meeting, the Inspectorate, as the executive body of a constituent entity of the Russian Federation that carries out regional state housing supervision, must be notified of the decision made within three working days from the date of its holding by sending it a copy of the minutes of the general meeting of owners premises of the house by registered mail with acknowledgment of receipt. In this case, information about such a house is not entered into the register of licenses of a constituent entity of the Russian Federation.
25.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company “Manager” (TIN 5906081061) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
25.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company "START" (TIN 5903062818) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
25.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company "LIDER" (TIN 5904242186) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
24.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company “Manager” (TIN 5904286994) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
24.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company “Manager” (TIN 5904999480) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
24.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company “Manager” (TIN 5908002185) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
23.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company “Manager” (TIN 5905231518) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
23.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company “Manager” (TIN 5905285270) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
23.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company "REMOZ" (TIN 5903038759) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
23.03.2015
Information for owners of premises in apartment buildings
The State Housing Supervision Inspectorate of the Perm Territory (hereinafter referred to as the Inspectorate) received an application from the Limited Liability Company “Manager” (TIN 5906109550) for a license to carry out business activities in the management of apartment buildings. The list of apartment buildings specified in the application is posted on the Inspectorate’s website at www.iggn.permkrai.ru in the “Licensing” section, tab “Register of license applicants”
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;
- TIN;
- 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 of licenses of housing and communal services management companies. 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.
Court decisions and analysis of all the arguments of the old Criminal Code
The court of first instance, justifying the refusal, referred to Part 7 of Art. 162 of the Housing Code of the Russian Federation, according to which the management company is obliged to begin managing apartment buildings from the date of amendments to the regional register of licenses in connection with the conclusion of a management agreement.
The most interesting decision on this dispute was written by the Fifth Arbitration Court of Appeal. He conscientiously and consistently examined all the arguments of the dissatisfied company.
First, he noted that the replacement management company must finish managing the apartment building, including not stopping settlements with residents, from the moment the decision to change it is implemented, that is, from the date of changes in the register of licenses. A management company can manage an apartment building subject to three conditions: concluding a management agreement, placing information about the house in the housing and communal services system, and making appropriate changes to the register of licenses by the housing inspection.
To the objection of the Criminal Code that it was not clear from the order what fee should be returned, the court replied that it was the applicant who charged the fee after the decision was made to exclude the controversial apartment building from the register of licenses of the company, therefore he, “as a professional participant in the management of apartment buildings, could not not be aware of which fees are subject to recalculation, and which services should be charged and not made.”
The references of the Criminal Code that the requirement to recalculate the fee is not based on the provisions of the Rules for the provision of public utility services No. 354 were also rejected by the court, since the order concerned not violations of Rules No. 354, but violations of the management of apartment buildings after a change of company.
The court did not take into account the arguments of the Criminal Code that the residents’ money went directly to the resource supply organizations and that the residents did not fulfill their obligations under the management agreement, since these statements contradict each other.
In response to the organization’s complaint about the absence in the order of a list of specific documents that must be used to confirm the execution of the order, the court objected that this requirement is stated quite clearly and is fulfilled on the basis of those documents that can confirm the elimination of violations based on the discretion of the Criminal Code.
The court also considered the objection that the administration exceeded its powers, since charging and collecting fees do not relate to licensing requirements that the municipality could check, as far-fetched: the regional law gave local administrations the authority to conduct inspections within the framework of state housing supervision and licensing control.
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.
Legislative framework for obtaining a housing and communal services license:
Licensing of MKD management activities is regulated by:
1. Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ, as amended on July 21, 2014.
2. Federal Law of July 21, 2014 No. 255-FZ “On amendments to the Housing Code of the Russian Federation, certain legislative acts of the Russian Federation and the recognition as invalid of certain provisions of legislative acts of the Russian Federation.”
3. Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities”, as amended on 05/05/2014.
4. Decree of the Government of the Russian Federation of October 28, 2014 No. 1110 “On licensing of business activities for the management of apartment buildings.”
5. By order of the Ministry of Construction of Russia dated October 28, 2014. No. 659/pr “On approval of the procedure for conducting a qualification exam, the procedure for determining the results of a qualification exam, the procedure for issuing and canceling a qualification certificate, the procedure for maintaining a register of qualification certificates, the form of a qualification certificate and the list of questions offered to the applicant at the qualification exam.”
The cost of our company’s services for obtaining a housing and communal services license is 90,000 rubles. State duty 30,000 rub.
Requirements for a licensee:
1. The licensee must be registered as a legal entity or individual entrepreneur. 2. Availability of a certificate of qualification of the licensee. The qualification certificate is presented to the official as a result of positive passing of the qualification exam. The certificate is valid for 3 years.
Possible refusals to grant a license:
1. Failure to comply with the requirements of the received application or documents when submitting them for licensing 2. The license applicant has an outstanding conviction for serious economic crimes 3. Disqualification 4. Bankruptcy or being in the process of liquidation 5. Unfulfilled orders of supervisory authorities (more than 3) 6. Registration of an applicant abroad 7. Lack of a certificate of qualifications
Our company is ready to provide you with its services in legal and consulting support in obtaining a housing and communal services license. If you have any questions, call, consultations are free!
In September we celebrate the 10th anniversary of our company.
We are immensely grateful to our clients for their trust and look forward to further cooperation! Look how these 10 years have gone
