The Housing Code of the Russian Federation is designed to protect our rights and freedoms, giving rise to a continuation of the short stories of the most important regulatory act - the Constitution - and regulating housing law. And the latest edition adopted in July 2017 clarifies some aspects, which will be discussed further.
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The latest amendments to the Housing Code of the Russian Federation were introduced by federal law 236-FZ, which comes into force on July 13, 2017. Changes were made only in one chapter, concerning housing and housing cooperatives.
Only three-storey houses
The first is the addition of a phrase to article 110, paragraph 3. If earlier it was indicated that members of the housing cooperative can act as a developer and reconstructor of a residential building, now the legislator has clarified that one housing cooperative can simultaneously deal with one apartment building that has only three floors and no more. But here a reservation is made: in addition to those housing cooperatives that were formed with the aim of building housing for certain categories of citizens: military personnel, civil servants working in the system public education, as well as ordinary citizens in need of social protection.
Invalid meeting
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The changes also affected Article 117, its 1st part. Initially, it refers to the cases in which the meeting of members of the cooperative is recognized as valid, and when not at all, as well as when the decision made by him is considered legal and when not. So, in order to avoid a double interpretation of some individual articles of the Housing Code of the Russian Federation, a part of the sentence "unless otherwise provided by this Code" was added. There is nothing significant in this innovation, it only supplements and improves the previously adopted amendments.
New Articles
Perhaps the most extensive change in the Housing Code of the Russian Federation this time was the introduction of two new articles 123.1 and 123.2.
The first of them fully regulates the organization of the life of a housing cooperative that builds an apartment building, in particular, obliges the management of the cooperative to place in the official housing and communal services system some information that is of the most significant importance for familiarizing and monitoring their activities. Also, the management of the cooperative, in accordance with the newly introduced article, must, at the insistence of a member of such a cooperative, provide him with the opportunity to familiarize himself with the above documents.
The third part of Article 123.1 provides for the obligation to keep a register of members of the housing cooperative, and in the two final paragraphs - that the supervisory authority has the right to familiarize itself with all of the above requirements through the already mentioned housing and communal services system.
It should be borne in mind that almost all the main points (especially those affecting issues related to the maintenance of the housing and communal services system) will have to be implemented in without fail only starting from the first of July of the next (2016) year.
And another new article (123.2) provides for the procedure for monitoring the life of those housing cooperatives that are engaged in the construction of a residential building, in particular:
- what rights does the control body have in general;
- what he can do in case of non-compliance with the requirements put forward to the cooperative to eliminate the discrepancies found;
- information about the subject of control of the relevant body;
- grounds for conducting a scheduled inspection (once a year);
- an exhaustive list of grounds for carrying out an unscheduled inspection (expiration of the selected deadlines, complaints and statements from citizens, the requirement of the prosecutor's office).
Drawing conclusions from all the above changes in the Housing Code of the Russian Federation in 2017, one generalization can be made: that the legislation has come to grips with the regulation of the activities of the country's housing cooperatives.
What changes will happen in the near future
The government has already prepared a new version of the Housing Code of the Russian Federation, in which the amendments will be put into effect at the end of August 2017. Innovations are made by federal law number 176-FZ.
Only one thing will be changed - Article 46 of the Housing Code of the Russian Federation, which regulates the procedure for the general meeting of apartment owners and the direction of the decision - a new part 1.1 is introduced into it, which legitimizes the procedure for what should happen after the submission of copies of the minutes of the general meeting to the management company or other body. In particular, the specified body must submit such documents to the supervisory authority, and that, in turn, to the state regulatory authority, which, if necessary, can conduct unscheduled inspections of housing and housing cooperatives or housing cooperatives.
Subsequent changes in housing legislation
Some amendments to the Housing Code of the Russian Federation will come into effect in December 2017 (also Federal Law No. 176-FZ).
about two-thirds
Article 46, which was already discussed earlier, or rather its first part, is supplemented with the words that some questions on the vote are also decided by the voters, who must be at least 2/3 of all homeowners. These are the points specified in Article 44 (clauses 4.2 and 4.3), which speak of the vesting of certain powers in the council of an apartment building or the chairman of such a council.
The guilty will be punished
One important sentence has been added to Article 157 of the Housing Code of the Russian Federation, which states that a person who, for some reason, interrupted the provision of utility services or violated their quality, will have to pay a fine, the amount of which is established by the Government RF.
In addition, this article has increased in volume by as much as two parts. The penultimate one says that the fine described in the previous paragraph of this article is not paid during the period allotted by the regulatory authority to eliminate violations (non-delivery or poor-quality supply of utilities). But this does not exempt the violator of the law from paying a fine in the future.
The last part - the sixth part - indicates that the person who incorrectly calculated the owner's payment for public Utilities(only in a big way), must pay a fine in favor of the consumer.
An exception is the fact that such a violation is eliminated before the consumer pays more for utilities.
Previous Changes
I would also like to recall the penultimate changes in the Housing Code of the Russian Federation, which took place at the end of the first month of the summer of 2017.
For the first time, the Housing Code mentioned that now homeowners in an apartment building can attract credit funds for repairs.
Article 20 has undergone the addition of several rather important words, stating that now the impetus for conducting an unscheduled inspection of cooperatives can be not only the direct appeal of citizens, but also their appeal through the housing and communal services system, as well as the fact of detecting violations of the norms of the legislation of the Russian Federation with the help of utility systems.
Article 36.1 has also undergone an important change. It concerned the non-payment of contributions to the cap. repair of an apartment building, in particular, that not interest, but penalties are charged for their non-payment.
Article 44 of the code in question legitimizes the purpose of holding meetings of homeowners, as well as the process of holding such meetings.
A new article has also appeared - 44.1, which established voting options at meetings of homeowners.
The next amendment affected the timing of the mandatory annual meeting - from April to June, if there is no other date set.
New clauses have been added to the same article indicating that a management company, cooperative or other similar body may, on its own initiative or at the request of one of the owners with a certain number of votes, hold a general meeting of tenants-owners of apartments.
Now the forms and procedure for keeping minutes of meetings are established not by the general council of owners, but by the relevant control body, and now it must be submitted to such a body within 10 days, and this is done by the person on whose initiative the meeting was convened.
Article 44.1 also entailed a number of other changes of definite importance. Such as, for example, options for providing decisions taken at the end of the meeting and related to the agenda.
If earlier it was necessary to write “for”, “against” or “abstained” opposite each question, now, thanks to other possible forms of voting, you can openly discuss the agenda or send your decision (in which everything is still written “for”, “against” or “abstained (a)sya (s)”) at the specified address.
Finally, the paragraph that previously said that the owners of residential premises are required to pay utility bills has been changed. Now the legislator removed the word "residential". After all, in apartment buildings Now there are both residential and non-residential premises. In the same article, a clause was added stating that if the developer is still the owner of the premises in the new building (that is, an act of acceptance and transfer has not been signed with anyone for this premises), then he is obliged to pay for the communal apartment in such premises.
The list of resources for which the tenant of state or municipal housing must pay has been expanded. But this clause will come into force only from April next year.
The legislator also established that the rent for such premises is determined by the body that regulates and develops policy in the relevant area.
Generalization of the studied information
These and a number of other amendments adopted in the Housing Code of 2017 are of great importance for citizens, legal entities. individuals and their associations. Innovations have made significant changes in housing law and law in general.
Housing legislation of other countries
Housing law is not the same everywhere in the world - this is quite logical, but still in most states it is aimed at regulating relevant activities and protecting the rights of homeowners.
In the Republic of Belarus (RB), for example, the Housing Code is not so often amended, and in this normative act In Belarus, the main emphasis is on the free provision of housing within the framework of the social care of the population by the state. For general development, you can download it and read it.
In Latvia, for example, there is no housing code as such, but there are a number of laws regulating housing legislation. It, for example, the Law on the help of self-managements in the decision of housing questions, for example. They can also be downloaded from the Internet if desired.
In connection with the rather extensive changes in the Housing Code, which occurred at the very end of 2017 and entered into force in January 2018, we made a brief summary of the Federal Law 485-FZ of December 31, 2017.
Summary (below is the full text + the ability to download from print for reading from a sheet)
- now persons who have not registered their premises with Rosreestr, but who own them on the basis of equity participation agreements (who have accepted apartments from the developer under a deed of transfer or other document) can take part in general meetings of owners;
- the managing organization (UK, HOA, ZHSK) is obliged to provide any owner with a register of home owners for a general meeting within 5 days;
- all original documents of the general meeting are now handed over to the GZhI;
- in case of choosing a method of managing an HOA or a housing cooperative, it is necessary to notify the GZhI of this within 5 days;
- in case of incorrect calculation of the fee for "Maintenance and Repair" - the managing organization is obliged to pay a fine in the amount of 50% of the incorrectly billed amount;
- in case of termination of management of the house - technical documentation, key and other documents must be transferred within three days;
- if the choice of management method is not implemented, an open tender for the selection of the management company did not take place, then the local government has the right to forcibly appoint a managing organization (up to 1 year)
- if the council of the house is elected, but not re-elected, then its powers are automatically extended for the same period;
- the managing organization is obliged to start managing the house immediately after the house is included in the license;
- the license is now issued for a period of 5 years;
- now it is impossible to duplicate the name of the management company (confusingly identical);
- approved a number of requirements regarding the exclusion of houses from the license.
7) parts 2.2 and 2.3 of Article 155 shall be declared invalid;
8) Article 156 shall be supplemented with parts 11-13 of the following content:
11) Part 10 of Article 161.1 shall be stated as follows:
13) Part 4 of Article 192 shall be stated as follows:
15) in part 4 of article 195 the words "on the official website, respectively, of the state housing supervision body and the authorized federal body executive power in the information and telecommunications network "Internet" shall be replaced by the words "in the system";
16) part 3 of article 196 after the words "legal entities," add the words "the order (instruction) 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,";
18) in part 2 of article 199 the words "in part 5" shall be replaced by the words "in parts 5 - 5.4", supplemented with the words ", as well as the absence for six months in the register of licenses of the constituent entity of the Russian Federation of information about apartment buildings, the management of which is carried out by the licensee";
19) Part 1 of Article 200 shall be stated as follows:
"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 prescribed by Article 198 of this Code, and also if the license is terminated or canceled in accordance with Article 199 of this Code, is obliged to transfer to the person, who has assumed the obligation to manage an apartment building, technical documentation for an apartment building and other documents related to the management of such a house, 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 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 paragraph 3 of this article.".
Housing Code of the Russian Federation in the current version of 2019(with comments on some articles of the code and links to judicial practice).
The most frequently used in resolving disputes rules of law of the articles of the Housing Code of the Russian Federation are commented in the form of extracts from the clarifications of the Supreme Court of the Russian Federation (the Plenum of the Supreme Court of the Russian Federation, reviews judicial practice approved by the Presidium of the Supreme Court of the Russian Federation), as well as links to materials already published on our website (articles, comments, reviews and generalizations of judicial practice).
As changes and additions are made to the Housing Code of the Russian Federation, as well as new clarifications from the Supreme Court of the Russian Federation, we will make changes to the texts of the articles of the Housing Code of the Russian Federation and comments to them.
Below is the text of the document:
Housing Code of the Russian Federation with the latest amendments, introduced by Federal Law No. 60-FZ of April 15, 2019.
The beginning of the edition - 26.04.2019(Ed 75).
See also sections of the site:
All codes of the Russian Federation in the current version;
Laws of the Russian Federation, by-laws;
Resolutions of the Plenum of the Supreme Court of the Russian Federation
HOUSING CODE OF THE RUSSIAN FEDERATION
Section I. General Provisions
Chapter 1. Basic provisions. housing law
Basic principles of housing legislation
. Ensuring conditions for the exercise of the right to housing
. The inviolability of the home and the inadmissibility of its arbitrary deprivation
. housing relations. Participants of housing relations
. housing law
. The effect of housing legislation over time
. Application of housing law by analogy
. Application to housing relations of other legislation
. Housing legislation and international law
. Grounds for the emergence of housing rights and obligations
. Protection of housing rights
. Powers of bodies state power Russian Federation in the field of housing relations
. Powers of public authorities of the constituent entity of the Russian Federation in the field of housing relations
. Powers of local governments in the field of housing relations
Chapter 2. Objects of housing rights. Housing stock
Objects of housing rights
. Types of residential premises
. The purpose of the dwelling and the limits of its use. Use of residential premises
. State registration of rights to residential premises
. Housing stock
. State housing supervision, municipal housing control and public housing control
. Residential insurance
Chapter 3 non-residential premises
and non-residential premises to residential premises
Conditions for the transfer of residential premises to non-residential premises and non-residential premises to residential premises
. The procedure for transferring residential premises to non-residential premises and non-residential premises to residential premises
. Refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises
Chapter 4
in an apartment building
Types of reconstruction and redevelopment of premises in an apartment building
. The basis for the reconstruction and (or) redevelopment of premises in an apartment building
. Refusal to agree on the reorganization and (or) redevelopment of premises in an apartment building
. Completion of the reconstruction and (or) redevelopment of the premises in an apartment building
. Consequences of unauthorized reorganization and (or) unauthorized redevelopment of premises in an apartment building
Section II. Ownership
and other real rights to residential premises
Chapter 5. Rights and obligations of the owner of residential premises
and other citizens living in the premises belonging to him
Rights and obligations of the owner of the residential premises
. The rights and obligations of citizens living together with the owner in the residential premises belonging to him
. Ensuring the housing rights of the owner of a dwelling in the event of the withdrawal of a land plot for state or municipal needs
. Use of living quarters provided by testamentary refusal
. Use of residential premises on the basis of a life maintenance agreement with a dependent
. Eviction of a citizen whose right to use residential premises has been terminated or who violates the rules for using residential premises
Chapter 6. Common property of owners of premises in an apartment building.
General meeting of such owners
Ownership of the common property of the owners of premises in an apartment building
. Are common cash held in a special account
. Determination of shares in the right of common ownership of common property in an apartment building
. Acquisition of a share in the right of common ownership of common property in an apartment building when acquiring premises in such a house
. Maintenance of common property in an apartment building
. Changing the boundaries of rooms in an apartment building
. Ownership of the common property of the owners of rooms in a communal apartment
. Determination of shares in the right of common ownership of common property in a communal apartment
. Maintenance of common property in a communal apartment
. General meeting of owners of premises in an apartment building
. Forms of holding a general meeting of owners of premises in an apartment building
. The procedure for holding a general meeting of owners of premises in an apartment building
. Decisions of the general meeting of owners of premises in an apartment building
. General meeting of owners of premises in an apartment building in the form of absentee voting (by poll) and absentee voting
. General meeting of owners of premises in an apartment building in the form of absentee voting using the system
. Voting at a general meeting of owners of premises in an apartment building
Section III. Living quarters provided
under social contracts
Chapter 7. Grounds and procedure for providing residential premises
under a social contract
Provision of housing under a social tenancy agreement
. Norm of provision and accounting norm of living space area
. Grounds for recognizing citizens as in need of residential premises provided under social tenancy agreements
. Registration of citizens as those in need of residential premises
. Consequences of intentional deterioration by citizens of their living conditions
. Refusal to register citizens as those in need of residential premises
. Retention of the right of citizens to be registered as those in need of residential premises
. Removal of citizens from the register as those in need of residential premises
. Provision of residential premises under social tenancy agreements to citizens registered as in need of residential premises
. Accounting for the legitimate interests of citizens in the provision of residential premises under social tenancy agreements
. Provision of vacated living quarters in a communal apartment
Chapter 8
Social tenancy agreement
. Use of residential premises under a social tenancy agreement
. The subject of the social tenancy agreement
. The form of the social tenancy agreement
. Preservation of the contract of social tenancy of a dwelling upon transfer of ownership of a dwelling, the right of economic management or the right of operational management of a dwelling
. Rights and obligations of the landlord of residential premises under a social tenancy agreement
. Responsibility of the landlord of residential premises under a social tenancy agreement
. The rights and obligations of the tenant of residential premises under a social tenancy agreement
. Responsibility of the tenant of residential premises under a social tenancy agreement
. Rights and obligations of family members of the tenant of residential premises under a social tenancy agreement
. The right of the tenant to move into the residential premises occupied by him under a social contract of employment of other citizens as members of his family
. The rights and obligations of temporarily absent tenants of residential premises under a social contract of employment and members of his family
. The right to exchange residential premises provided under social tenancy agreements
. Conditions under which the exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed
. Registration of the exchange of residential premises between the tenants of these premises under social tenancy agreements
. Recognition of the exchange of residential premises provided under social tenancy agreements as invalid
. Sublease of residential premises provided under a social tenancy agreement
. Sublease agreement for residential premises provided under a social tenancy agreement
. Payment for sublease of residential premises provided under a social tenancy agreement
. Termination and termination of the sublease agreement for residential premises provided under a social tenancy agreement
. Temporary residents
. The right of the tenant of a dwelling under a social tenancy agreement to provide him with a dwelling of a smaller size in exchange for the occupied dwelling
. Amendment of the social tenancy agreement
. Cancellation and termination of the social tenancy agreement
. Eviction of citizens from residential premises provided under social tenancy agreements
. Eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements
. The procedure for providing housing under a social tenancy agreement in connection with the demolition of the house
. The procedure for providing residential premises under a social tenancy agreement in connection with the transfer of residential premises to non-residential premises or declaring it unfit for habitation
. The procedure for providing residential premises under a social tenancy agreement in connection with the transfer of residential premises to a religious organization
. The procedure for providing residential premises under a social tenancy agreement in connection with the withdrawal of a land plot on which such residential premises are located or an apartment building is located in which such residential premises are located, for state or municipal needs
. The procedure for providing housing in connection with the overhaul or home renovation
. Providing citizens with another comfortable living quarters under a social tenancy agreement in connection with eviction
. Eviction of the tenant and members of his family living with him from the dwelling with the provision of another dwelling under a social tenancy agreement
. Eviction of the tenant and (or) members of his family living together with him from the dwelling without providing another dwelling
Section III.1. Residential premises provided under rental contracts
residential premises of the housing fund for social use
Chapter 8.1. Renting a dwelling housing stock social use
Residential lease agreement of the housing stock of social use
. Landlord under contracts for renting residential premises of the housing fund for social use
. Tenant under a tenancy agreement for housing stock of social use housing stock
. Use of residential premises under a contract for the tenancy of residential premises of the housing stock of social use
. The subject of the contract for the tenancy of residential premises of the housing fund for social use
. The term of the contract for the tenancy of residential premises of the housing fund for social use
. Rights and obligations of the parties to the contract for the lease of residential premises of the housing fund for social use
. The rights and obligations of family members of the tenant of residential premises under the contract for the rental of residential premises of the housing fund for social use
. The right of the tenant to conclude a contract for the tenancy of residential premises of the housing stock of social use for new term
. Termination and termination of the contract for the tenancy of residential premises of the housing fund for social use
. Preservation of the contract for the tenancy of housing stock of the housing fund for social use when the rights to housing are transferred, the landlord is changed under the contract for rent of housing for the housing fund for social use
. Eviction of citizens from a dwelling provided under a tenancy agreement for a dwelling of the housing fund for social use
Chapter 8.2. Provision of residential premises under rental contracts
residential premises of the housing fund for social use
Accounting for citizens in need of the provision of residential premises under contracts for the rental of residential premises of the housing fund for social use
. Accounting by the landlord of citizens' applications for the provision of residential premises under contracts for the rental of residential premises of the housing fund for social use
. Provision of residential premises under contracts for the rental of residential premises of the housing fund for social use
Section III.2. Rental houses
hired house
. Establishing and changing the purpose of using the building as a rented house, terminating the use of the building as a rented house
. Accounting for rental houses for social use
. State, municipal and (or) other support for the creation, operation of a rented house for social use
. Rental house management
Section IV. Specialized housing stock
Chapter 9
Types of residential premises of specialized housing stock
. Appointment of service living quarters
. Appointment of living quarters in hostels
. Appointment of residential premises of the maneuverable fund
. Appointment of residential premises in the houses of the system of social services for citizens
. Appointment of residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees
. Appointment of residential premises for social protection of certain categories of citizens
. Appointment of residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care
Chapter 10 Provision and use of specialized residential premises
Grounds for providing specialized residential premises
. Lease agreement for specialized housing
. Termination of the lease agreement for specialized residential premises
. Termination of the lease agreement for specialized residential premises
. Eviction of citizens from specialized residential premises
. Provision of office accommodation
. Provision of accommodation in dormitories
. Provision of living quarters of the flexible fund
. Provision of residential premises in the houses of the social service system
. Provision of housing funds for the temporary settlement of internally displaced persons and persons recognized as refugees
. Provision of residential premises for social protection of certain categories of citizens
. Provision of housing for orphans and children left without parental care, persons from among orphans and children left without parental care
Section V. Housing and housing-construction cooperatives
Chapter 11. Organization and activity of housing and housing-construction cooperatives
Housing and housing-construction cooperatives
. The right to join housing cooperatives
. Organization of a housing cooperative
. Charter of a housing cooperative
. State registration of a housing cooperative
. Management bodies of a housing cooperative
. Management in a housing cooperative
. Requirements for officials of a housing cooperative
. General meeting of members of a housing cooperative
. Board of the housing cooperative
. Chairman of the board of the housing cooperative
. Audit commission (auditor) of a housing cooperative
. Membership in a housing cooperative
. Reorganization of a housing cooperative
. Liquidation of a housing cooperative
. Features of the organization and activities of a housing-construction cooperative engaged in the construction of an apartment building
. Control over the activities of a housing-construction cooperative
Chapter 12. Legal status of members of housing cooperatives
Provision of housing in the houses of a housing cooperative
. The right to share a member of a housing cooperative
. Temporary tenants in a residential building in a housing cooperative house
. Section of a dwelling in a house of a housing cooperative
. Renting out a dwelling in a house of a housing cooperative
. Ownership of a dwelling in an apartment building of a member of a housing cooperative
. Termination of membership in a housing cooperative
. Priority right to become a member of a housing cooperative in case of inheritance of a share
. Return of a share contribution to a member of a housing cooperative expelled from a housing cooperative
. Eviction of a former member of a housing cooperative
. Providing members of a housing cooperative with living quarters in connection with the demolition of the house
Section VI. homeowners association
Chapter 13
homeowners association
. Establishment and state registration of a homeowners association
. Rights of a homeowners association
. Duties of a homeowners association
. Has expired
. Reorganization of the homeowners association
. Liquidation of a homeowners association
. Association of homeowners associations
Chapter 14. Legal Status of Members of an Association of Homeowners
Membership in a homeowners association
. Rights of members of the association of homeowners and non-members of the association of owners of premises in an apartment building
. Governing bodies of the association of homeowners
. General meeting of members of the homeowners association
. The procedure for organizing and holding a general meeting of members of a homeowners association
. homeowners association board
. Responsibilities of the Board of the Homeowners Association
. Chairman of the board of the homeowners association
. Audit Commission (Auditor) of a homeowners association
. Funds and property of the homeowners association
. Economic activities of the homeowners association
Section VII. Payment for housing and utilities
Duty to pay rent and utility bills
. Direct management of an apartment building by owners of premises in such a building
. Creation of conditions for the management of apartment buildings
Section IX. Organization of capital repairs of common property
in apartment buildings
Chapter 15
in apartment buildings and the procedure for its financing
Capital repairs of common property in an apartment building
. Ensuring timely overhaul of common property in apartment buildings
. Regional program for the overhaul of common property in apartment buildings
. Special deposit
. Features of opening and closing a special account
. Making transactions on a special account
Chapter 17
regional operator. Activities of the regional operator
to finance capital repairs
common property in apartment buildings
Legal status of the regional operator
. Requirements for the head of a regional operator, a candidate for the position of head of a regional operator
. Property of the regional operator
. Functions of the regional operator
. Responsibility of the regional operator
Chapter 18
The decision to carry out a major overhaul of common property in an apartment building
. Financing the costs of major repairs of common property in an apartment building
. Features of the organization of major repairs apartment buildings in which major repairs were required on the date of privatization of the first residential premises
. Measures of state support, municipal support for capital repairs
Section X. Licensing of activities for the management of apartment buildings
Chapter 19
Licensing activities for the management of apartment buildings
. Licensing requirements
. The procedure for making a decision to grant a license or to refuse to grant a license
. Registers of information containing information on licensing activities for the management of apartment buildings
. The procedure for organizing and exercising license control
. The procedure for informing local governments, owners of premises in an apartment building and others stakeholders on decisions taken by the licensing commission and the body of state housing supervision
. The procedure for the licensee to place information about apartment buildings, the management of which is carried out by the licensee. Grounds and procedure for entering information about an apartment building in the register of licenses of a constituent entity of the Russian Federation, deleting information about an apartment building from the specified register
. License Cancellation and Termination
. Termination of activities for the management of apartment buildings in connection with the exclusion of information about the apartment building from the register of licenses of the constituent entity of the Russian Federation, the termination of the license or its cancellation
. Licensing Commission
. Qualification certificate
The president
Russian Federation
V. PUTIN
Changes made to the document Federal Law No. 399-FZ of December 20, 2017, which entered into force on the day of its official publication and applies to legal relations that arose before January 1, 2013.
New powers of authorities at different levels Law N 399-FZ clarified the powers of authorities in the field of housing relations.
According to the amendments to Art. 13 LCD RF and Art. 167 ZhK RF, regional authorities will have to:
determine the procedure for informing the owners of premises in apartment buildings by local governments about the methods of forming a capital repair fund, about the procedure for choosing a method for forming a capital repair fund;
establish a procedure for informing the owners of premises in apartment buildings and organizations that manage apartment buildings about the content of the regional program for the overhaul of common property in apartment buildings and the criteria for assessing the condition of apartment buildings, on the basis of which the priority of overhaul is determined;
approve the procedure and list of cases of providing additional assistance on a returnable and (or) irrevocable basis at the expense of the budget of a constituent entity of the Russian Federation in the event of an urgent need for major repairs of common property in apartment buildings.
In addition, the constituent entities of the Russian Federation will not be able to make decisions on declaring a regional operator insolvent (bankrupt). This is stated in Art. 178 ZhK RF.
At the same time, local self-government bodies will have to inform the owners of premises in apartment buildings about the methods of forming the capital repair fund, about the procedure for choosing a specific method.
They were also required to approve the procedure and list of cases for providing additional assistance in the event of an urgent need for major repairs of common property in apartment buildings at the expense of the local budget.
Such amendments appeared in Art. 14 RF LC and Art. 170 ZhK RF.
And in Art. 189 ZhK RF to be specified now that if the decision to carry out a major overhaul is made by local governments, then they must notify the owners about this, including using the GIS housing and communal services system.
Updated rules for the formation of the overhaul program and the payment of contributions to it.
Thanks to the federal law of December 20, 2017 N 399-FZ in Art. 168 of the Housing Code of the Russian Federation, a clarification appeared, which houses need major repairs in the first place.
The new version of the document says:
The regional capital repair program, as a matter of priority, may provide for work on the repair of in-house engineering systems gas supply, repair or replacement of elevator equipment deemed unsuitable for operation. Requirements for the procedure for determining the planned periods for conducting specified works established by the Government of the Russian Federation.
In addition, the legislator established that a change in the timing of work on the repair of in-house engineering gas supply systems, repair or replacement of elevator equipment recognized as unsuitable for operation can be carried out without a decision of the general meeting of owners of premises in an apartment building.
With regard to the timing of the payment of contributions for major repairs, in updated version of Art. 169 ZhK RF says, that such an obligation appears with the owners within the time period established by the regional authorities.
But this period should be at least 3 months and not more than 8 months after the publication of the regional overhaul program. Previously, all terms were not specified in the legislation: the regions were allowed to start taking money for overhaul “after 8 calendar months, if more than early term not established by the law of the subject of the Russian Federation.
The size of the overhaul fund and the choice of the method of its formation The Housing Code of the Russian Federation now regulates minimum size overhaul funds in relation to apartment buildings, the owners of the premises in which form them on special accounts. This amount should be set by the regional authorities. But the innovation is that it cannot exceed 50% of the estimated cost of the overhaul of an apartment building, determined in accordance with the methodological recommendations approved by the Ministry of Construction of the Russian Federation.
At the same time, the period for reflection on the method of forming the capital repair fund was specified.
According to the version of Art. 170 ZhK RF, owners of premises in an apartment building must inform about it within 3-6 months after the official publication of the regional capital repair program.
If they cannot choose a method, local governments will do it for them.
In addition, Art. 173 of the Housing Code of the Russian Federation now specifies the procedure for the entry into force of a decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account.
On the basis of part 5 of this article, such a decision should come into force one year after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator, unless another period is provided by the regional law.
Now it is additionally stated that this period is not used if the decision was made by the local government, the court established the lack of work on the part of local officials to inform citizens about possible ways the formation of a capital repair fund and the consequences of choosing one of them, no assistance was provided in making a decision, no major repairs were carried out.
The decision to terminate the formation of the capital repair fund on the account of the regional operator in this case shall enter into force one month from the date of sending the decision of the general meeting of owners of premises in an apartment building to the regional operator, but not earlier than the condition specified in part 2 of this article - the repayment of all debts.
Innovations regarding special accounts
Several amendments were adopted by law N 399-FZ to clarify the rules for the formation and disposal of special accounts, where funds for major repairs are accumulated.
In particular, Art. 176 of the LC RF says that a special account can be opened in Russian credit institutions that meet the requirements established by the Government of the Russian Federation. Previously, the amount of own funds of banks was stipulated.
Another change concerns the list of documents that must be submitted to the bank in order to transfer funds from a special account.
Now, the contract for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building must provide for a warranty period for the services rendered and (or) work performed for a period of at least 5 years from the date of signing the relevant act of acceptance of the services rendered and ( or) the work performed, as well as the obligations of contractors to eliminate the identified violations within a reasonable time, at their own expense and on their own.
In addition, Art. 177 of the Housing Code of the Russian Federation it is established that the owners of special accounts must keep records of the funds received, in accordance with the rules of Part 2 of Article 183 of the Russian Federation.
Accounting can be carried out in electronic form. Features of overhaul in houses in which it was required on the date of privatization of the first dwelling
On December 20, 2017, a new article appeared in the Housing Code of the Russian Federation - article 190.1"Features of the organization of the overhaul of apartment buildings, which required a major overhaul on the date of privatization of the first dwelling."
Now work in such houses will be included in the regional overhaul programs. The former landlord will have to conduct it, but the current owners are also not exempt from paying contributions. And it is the tenants who will accept repair work upon their completion.
