Licensing of management companies - what is it, why is it conducted, how is the process organized and what is the benefit of tenants from apartment buildings?
License - a document issued by a local authoritystate authorities, confirming compliance with the requirements of the law and giving the right to manage the 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 (state, municipal, private) and the HOA.
Licensing of management companies nowobliges them to have permission. 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 imposes requirements on the organization and on the person holding the position of director (director). In the case of an HOA, the fulfillment of requirements, as a rule, concerns only the chairman.
The peculiarity of a license in the management of apartment buildings is its indefinite duration. It operates until the company ceases to exist or is not subject to punishment.
В данной области принят целый пакет нормативных acts, it includes laws and acts adopted by the government, as well as local government authorities responsible for organizing the licensing process.
They need to add the laws "On the technical regulations for the safety of buildings and structures", "On energy saving and energy efficiency."
To managing organizations appliesthe effect of the rules for the management and maintenance of MKDs, the rules for the provision of public services and many other acts directly or indirectly affecting activities in the housing and utilities sector.
You can apply for a license:
Licensing of management companies provides quite reasonable requirements for applicants.
Some requirements are imposed on the company manager or individual entrepreneur:
Licensing of management companiesHousing does not require a specified number of employees with experience or education. This item helps not to create obstacles in the employment of people with no education or without experience.
The legislation requires that an individual entrepreneur applying for a license is not previously deprived of it or no disqualification for violation of house maintenance rules has not been applied to it.
Учитывая, что ИП вправе нанять ограниченное число people, it is easier to immediately organize an LLC or another legal entity. a person so that later not to engage in the re-registration of documents in the event of business expansion or changes in legislation. The law on licensing of management companies does not provide for automatic renewal of permits in this case.
Licensing of management companies is provided by regional commissions, which include representatives of both government agencies and the public.
It was planned that they will be represented by members of self-regulatory organizations.
The introduction of members of the public in their composition is aimed at reducing the risk of corruption.
The procedure for licensing management companies requires collecting at least 20 people for decision-making, but in practice it is possible to attract no more than a third of the required number to work.
Certification is carried out by the same commission byexam in the form of a test on the computer for knowledge of the legislation. It is held by the person responsible for the maintenance of the common property of the house. They do not have to be the head of the company. The housing and utilities sector is often supported by city-forming enterprises, and the director of a huge industrial company is unlikely to pass certification. Therefore, for this purpose, the head of the unit responsible for the maintenance of houses is sent.
The choice of the employee remains with the company, which, in general, is not bad, taking into account the realities in the housing and utilities system.
The question is who will be responsible for the common property of the house. He will have to study licensing issues for management companies. The procedure is as follows:
Questions for licensing the management company posted on the Internet, they can read each.
During the week commission members publish the results in the form of a signed protocol.
Testing is free and candidates are not limited in the number of attempts after failure. Participants receive notification of the result.
Its registration is carried out according to the application of the examined person, a notification is attached to it.
The certificate is produced somewhere for a week or more, depending on how busy the staff of the housing supervision. The document form is protected and numbered.
Loss of certificate or its damage, change of last name, first name and patronymic give the right to receive a new document. The statement is written, confirming papers are attached.
The new document has the same number as the previous one, the old one is transferred to the housing authority, if it is not lost.
Circumstances terminating the certificate:
Termination of the certificate is issued by the protocol of the licensing commission.
Those who wish to receive permission must pass the packagedocuments, the commission considers them for 30 days. Licensing of management companies is based on the same pattern as the issuance of permits for other types of activities, taking into account the specifics.
The list of documents is limited by law, and officials are not allowed to go beyond it. Regulations on the licensing of management companies are strictly in this regard.
Собранные бумаги рассматриваются, и заявителю или give consent, or refuse it. Incorrectly filled out application or shortage of attached documents obliges to notify the applicant about it, pointing out the flaws. The correction is given 30 days. Missing the term gives the right to re-apply for a license.
If there are no reasons prohibiting a company or a person from working in the housing and utilities sector, then it is allowed to submit documents again, eliminating deficiencies or attaching missing paper to a new application.
The package is transmitted to the office in person, by proxy or by mail by letter-notification.
Permission is granted to use electronic services for filing papers and obtaining a license.
If the issued license was damaged or lost, a duplicate is issued, for which the fee is taken.
Applicant verification includes requests toThe Ministry of Internal Affairs, the Federal Tax Service, the Ministry of Construction and Utilities, the Treasury Service to verify information. Is there a criminal record, is the company registered, according to the records of the Federal Tax Service?
Ministry of Regional Development maintains a register of persons who have beena license has been revoked or an administrative penalty in the form of disqualification has been imposed. The availability of electronic services eases the task and makes senseless deception. Licensing of management companies is a public process.
In some regions, commissions request information from other services in the order of interaction, in others, applicants have to make inquiries themselves, naturally, paying for their result.
These are sample documents for licensing management companies.
The authorities maintain a national and regional register of persons who have received a license, certificate of management of the house.
It is considered publicly available information in the registers:
Regional and federal registers are maintained.
Having found a license, anyone can find out which houses the company manages.
If the company undertakes to service an additional house, a change is made to the licensed application. Re-authorization is not required.
It is issued once, no renewal or renewal is required.
The licensing system is controlled by the Ministry of Regional Development.Checks on how requirements for licensing of management companies are being carried out are carried out on a planned and unscheduled basis. The first category is carried out according to the plan in the ministry, the second - according to the statements of all interested parties.
They are held at the place of work or according to documents on the orders of the Minister.
The order shall include:
The duration of the procedure is not more than 30 days.
The results of the inspection are set out in the act of the commission withthe rationale for the findings. If violations are revealed, an order is issued to eliminate them. The regional authority is obliged to report on implementation 10 days after its implementation.
Dissatisfaction with the results does not deprive the right to appeal to the court in the manner of CAM. The law does not prohibit going to court first, but questions will still arise about the opinion of the ministry.
Thus, licensing issues for management companies are resolved by all levels of government.
