Licensing of management companies - what is it, why is it conducted, how is the process organized and what is the use of it for residents of apartment buildings?
A license is ...
License - a document issued by the local government authority, confirming compliance with the requirements of the law and giving the right to engage in the management of multi-apartment buildings. This includes the right to provide both the full scope of services and some of them related to management. Thus, two types of licenses are issued.
The rules apply to all managing organizations, regardless of ownership (state, municipal, private), and HOA.
Licensing of management companies now requires them to have permission. Doing business without permission will result in a fine of 300 thousand rubles. or a ban on working in a similar position for an individual (maximum 3 years).
The law requires both the organization and the person holding the position of director (director). In the case of HOAs, the fulfillment of requirements, as a rule, concerns only the chairman.
The peculiarity of the license in the field of apartment building management is its perpetuity. It is valid until the company ceases to exist or is not punished.
Legislation issues
In this area, a whole package of normative acts has been adopted, it includes laws and acts adopted by the government, as well as local state authorities responsible for organizing the licensing process.
- LCD RF - the main law on the licensing of management companies.
- The Law “On the licensing of certain types of activities” is used in part that does not contradict the LCD; its provisions on suspension, return of licenses to management companies do not apply.
- Regulation on the licensing of management companies - government decree dated October 28, 2014 No. 1110.
The laws “On the technical regulation of the safety of buildings and structures”, “On energy conservation and energy efficiency” should be added to them.
Management organizations are subject to the rules of management and maintenance of MKD, the rules for the provision of public services and many other acts directly or indirectly affecting housing and communal services.
Company requirements
You can apply for a license:
- Individual entrepreneurs and commercial organizations that are not under bankruptcy or liquidation procedures, and have state registration at the time of filing.
- Homeowners associations serving more than one house, unless they are located on one site (then there is no need to obtain a license) and they do not have common engineering networks.
- Compliant with licensing requirements.
- A company that was previously forcibly deprived of a license cannot obtain it again.
- Open access to documents on the financial and economic activities of the organization is provided.
- The organization regularly publishes information in the housing and communal services informing system in accordance with the law.
Licensing the activities of management companies provides quite reasonable requirements for applicants.
Additional requirements for individual entrepreneur or company manager
Some requirements are presented to the head of the company or individual entrepreneur:
- The presence of a certificate for the head of the management company.
- Lack of criminal record for economic crimes (Chapter 22 of the Criminal Code of the Russian Federation), for serious crimes and crimes of medium gravity.
Licensing the activities of housing and utilities management companies does not require an agreed number of employees with experience or education. This paragraph helps not to create obstacles to the employment of people without education or experience.
Legislation requires that an individual applying for a license should not have been deprived of it earlier or disqualified for violating house maintenance rules.
Given that an individual entrepreneur has the right to hire a limited number of people, it is easier to immediately organize an LLC or other legal entity. a person so as not to deal with re-issuing documents in the event of a business expansion or legislative changes. The law on licensing management companies does not automatically provide for a renewal of permission in this case.
Licensing bodies
Licensing of management companies is provided by the regional commissions, which include representatives of both government agencies and the public.
It was planned that they would be represented by members of self-regulatory organizations.
The introduction of members of the public is aimed at reducing the risks of corruption.
The licensing procedure for management companies requires that at least 20 people be gathered to make decisions, but in practice it is possible to attract no more than a third of the required number for work.
Certification is carried out by the same commission through an exam in the form of a computer test of knowledge of the law. She passes the person responsible for the maintenance of the common property of the house. It does not have to be the head of the enterprise. The housing sector is often supported by city-forming enterprises, and it is unlikely that the director of a huge industrial company will pass certification. Therefore, for this purpose, the head of the unit responsible for house maintenance 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 communal services system.
Certification and its order
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:
- the applicant submits an application;
- documents are submitted by mail, in person or through an electronic service;
- a criminal record is checked;
- the exam call is provided by sending an invitation by mail or through an electronic service;
- verification is carried out within 15 days after application;
- the invitation is sent no earlier than 5 days before testing;
- Registration of arrived candidates is exclusively the responsibility of the secretary; other members of the commission are not entitled to attend;
- 2 hours are given to answer 100 questions;
- it is completely forbidden to leave the room where the exam is held, and to take any reference books, legislation, etc. with you;
- the exam is considered successful if you receive at least 172 points, provided that the correct answer is estimated at 2 points.
Questions for licensing the management company are posted on the Internet, everyone can familiarize themselves with them.
Within a week, members of the commission publish the results in the form of a signed protocol.
Testing is free of charge, and candidates are not limited in the number of attempts after failure. Participants are notified of the result.
Registration and cancellation of certificate
Its registration is carried out at the request of the examiner, a notice is attached to it.
The certificate is made somewhere in a week or longer, depending on how busy the housing supervision staff is. The form of the document is protected and numbered.
Loss of certificate or its damage, change of surname, name, patronymic give the right to receive a new document. A statement is written, supporting papers are attached.
The new document has the same number as the previous one, the old one is transferred to the housing supervision authority, unless it is lost.
Circumstances terminating the certificate:
- sentencing under the relevant article of the Criminal Code;
- disqualification according to the Code of Administrative Offenses;
- revealing that previously false documents were used for admission to the exam.
The termination of the certificate is made out by the protocol of the licensing commission.
The procedure for obtaining a license
Those wishing to obtain permission must submit a package of documents, the commission considers them 30 days in advance. Licensing of management companies is built according to the same scheme as the issuance of permits for other activities, taking into account the specifics.
The list of documents is limited by law, and officials have no right to go beyond it. The regulation on licensing management companies is strictly in this regard.
The collected papers are considered, and the applicant is either given consent or denied it. An incorrectly completed application or a shortage of attached documents obliges to notify the applicant of this, indicating the shortcomings. The correction is given 30 days. Skipping the deadline gives the right to re-declare the license.
If there are no reasons prohibiting a company or a person from working in the housing and communal services sector, then it is allowed to submit documents again, eliminating the shortcomings or adding the missing paper to the new application.
The package is transmitted to the office in person, through a representative by proxy or by mail by letter of notification.
It is allowed to use electronic services to submit papers and obtain a license.
If the issued license was damaged or lost, a duplicate is issued, for which a fee is taken.
Interaction with other bodies
The check on the applicant includes requests to the Ministry of Internal Affairs, the Federal Tax Service, the Ministry of Construction and Housing, the Treasury Service to verify the information. Is there a criminal record, is the company really registered, according to the records of the Federal Tax Service.
The Ministry of Regional Development maintains a register of persons whose license has been withdrawn or who have been imposed an administrative penalty of disqualification. The availability of electronic services makes the task easier and makes fraud senseless. Licensing the activities of management companies is a public process.
In some regions, commissions demand information from other services in the order of interaction, in others, applicants have to make requests themselves, naturally, paying for their result.
Documents for obtaining a license
- statement, according to the form of regional regulations;
- certificate of registration of a legal entity or individual entrepreneur;
- copy of the organization’s charter;
- copy of the passport, if the applicant is an individual entrepreneur;
- TIN;
- qualification certificate;
- receipt of payment of state duty for the issuance of a license;
- list of documents.
These are sample documents for licensing management companies.
Publicity of the licensing system
The authorities keep a national and regional register of persons who have received a license, a certificate for home management.
The information in the registries is considered publicly available:
- issued licenses;
- recipients of permits;
- persons disqualified for violation of licensing conditions.
Regional and federal registries are maintained.
Having found a license, anyone can find out which houses the company manages.
If the company takes on the maintenance of an additional home, a change is made to the licensed application. Obtaining permission again is not required.
It is issued once, no extension or renewal is required.
System for monitoring and contesting the actions of licensing bodies
The licensing system is controlled by the Ministry of Regional Development. Checks on how the requirements for licensing management companies are met 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 by order of the minister.
The order shall indicate:
- who conducts the audit;
- subject, grounds for holding;
- audited body;
- verification dates, start and end dates;
- papers to be submitted to the inspection commission.
The duration of the procedure is no more than 30 days.
The results of the verification are set out in the commission act with the justification of the conclusions. If violations are detected, an order is issued to eliminate them. The regional authority is obliged to inform about the implementation 10 days after its implementation.
Dissatisfaction with the results does not deprive the right to appeal to the court under the CAS procedure. The law does not prohibit first going to court, but still questions arise about the opinion of the ministry.
Thus, licensing issues for management companies are resolved by all levels of government.