Refusal to make changes to the register of licenses for managing apartment buildings. Arbitrage practice.

Source: RosKvartal® - Internet service No. 1 for management organizations
Activities for managing apartment buildings are carried out by management organizations that have a license to carry out business activities for managing apartment buildings. The license is issued by the GZhN body based on the decision of the licensing commission, its validity period is 5 years (clauses 1, 4 of article 192 of the Housing Code of the Russian Federation).

Management – performance of work and provision of services for the management of apartment buildings on the basis of a management agreement.

List of license requirements

A license to manage apartment buildings is issued by the State Housing Property Department of a constituent entity of the Russian Federation. The licensing authority forms and maintains a register of licenses of a constituent entity of the Russian Federation. List of licensing requirements that management organizations must fulfill:

The MA is responsible for the provision of all services and performance of work that ensures the proper maintenance of the common property in this house (Part 2.3 of Article 161 of the Housing Code of the Russian Federation).
The quality of the work performed must comply with the technical regulations and rules for the maintenance of visual objects in the MKD (Part 2.3 of Article 161 of the Housing Code of the Russian Federation).
The MA is responsible for providing utility services of appropriate quality or for ensuring the readiness of engineering systems for their delivery (Part 2.3 of Article 161 of the Housing Code of the Russian Federation).
During the agreed period, for a fee, the management company must perform the duties provided for in the management agreement (Part 2 of Article 162 of the Housing Code of the Russian Federation).
The management company must comply with the information disclosure requirements established by Part 10 of Art. 161 of the Housing Code of the Russian Federation: The management organization must provide free access to information about the main indicators of its financial and economic activities, about the services provided and about the work performed for the maintenance and repair of common property in apartment buildings, about the procedure and conditions for their provision and implementation, about their cost, on prices for resources necessary to provide CG, in accordance with the information disclosure standard (Part 6 of Article 162 of the Housing Code of the Russian Federation).
The MA must have the status of a legal entity or individual entrepreneur registered in the proper manner (Part 1 of Article 193 of the Housing Code of the Russian Federation).
The MA must have a unique name. It should not be identical or similar to the names of companies that received a license earlier (Part 1.1 of Article 193 of the RF Housing Code).
An official of a company that wishes to obtain a license must have a qualification certificate, in addition, he must not have an unexpunged or unexpunged criminal record (part 2, part 1, article 193 of the Housing Code of the Russian Federation).
The register should not contain persons who performed the functions of the sole executive body of the licensee company whose license was canceled (Part 4 of Article 193 of the RF Housing Code).
Information about an official of a licensee or license applicant should not be on the lists of persons to whom administrative punishment in the form of disqualification or revocation of a license was applied. Namely, in the lists of persons who were responsible for non-compliance with the requirements for ensuring the proper maintenance of the IP in the MKD, in the lists of entrepreneurs, in the lists of persons who exercised the functions of the sole executive body of the licensee whose license was revoked (Part 4 of Article 193 of the RF Housing Code).
The license applicant must not have previously been deprived of a license (Part 5 of Article 193 of the Housing Code of the Russian Federation).
An official of a licensee, an official of a license applicant should not have an unexpunged or outstanding criminal record for crimes in the economic sphere, for crimes of average gravity, serious and especially serious crimes (Part 3 of Article 193 of the RF Housing Code).
Comply with other requirements established by the Government of the Russian Federation (Part 1 of Article 193 of the Housing Code of the Russian Federation).

Government of the Arkhangelsk Region

Licensing control in the field of business activities for managing apartment buildings is carried out by the state housing inspection of the Arkhangelsk region and its territorial body - the northwestern interterritorial department.

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Licensing control is carried out over compliance by legal entities and individual entrepreneurs with licensing requirements when carrying out business activities for managing apartment buildings in the Arkhangelsk region, established in accordance with housing legislation, legislation on licensing (licensing requirements).

The licensing requirements for legal entities and individual entrepreneurs engaged in business activities related to the management of apartment buildings (hereinafter referred to as licensees) include:

a) compliance with the requirements provided for in Part 2.3 of Article 161 of the Housing Code of the Russian Federation;

b) fulfillment of obligations under the management agreement for an apartment building, provided for in Part 2 of Article 162 of the Housing Code of the Russian Federation;

c) compliance with the requirements established by Part 1 of Article 193 of the Housing Code of the Russian Federation, namely:

registration of the licensee as a legal entity or individual entrepreneur on the territory of the Russian Federation;
the official licensee has a qualification certificate;
the licensee's official does not have an unexpunged or outstanding conviction for crimes in the economic sphere, for crimes of average gravity, serious and especially serious crimes;
the absence in the register of persons performing the functions of the sole executive body of the licensee whose license has been revoked, as well as persons who are responsible for compliance with the requirements for ensuring the proper maintenance of common property in an apartment building by the charter or other documents of the licensee and in respect of whom administrative punishment in the form of disqualification, individual entrepreneurs whose license was canceled and (or) in respect of whom administrative punishment in the form of disqualification was applied, information about the official of the licensee;
the absence in the consolidated federal register of licenses to carry out business activities in the management of apartment buildings of information on the revocation of a license to carry out business activities in the management of apartment buildings previously issued to the licensee;
compliance by the licensee with the information disclosure requirements established by Part 10 of Article 161 of the Housing Code of the Russian Federation;
compliance by the licensee with the requirements for posting information established by Part 10.1 of Article 161 of the Housing Code of the Russian Federation;
other requirements established by the Government of the Russian Federation.

Officials

License control is authorized to be carried out by:

head of the inspection;
Deputy Head of the Inspectorate;
Deputy Head - Head of the Inspectorate Department of the Inspectorate; deputy head, leading consultants, consultants, chief expert specialists of the inspection department of the inspection;
head, deputy head, consultants of the department of licensing and monitoring compliance with the procedure for posting inspection information;
head, deputy head, leading consultants, consultants, chief specialist experts of the department for monitoring compliance with the procedure for calculating and collecting payments and supervising the management of apartment buildings of the inspection;
head, deputy head, consultants, chief specialist experts of the department for monitoring the formation of the capital repair fund and the activities of regional inspection operators;
head of the northwestern interterritorial department - deputy head of the inspection, deputy head, chief expert specialists of the northwestern interterritorial department of the inspection.

The list of acts containing mandatory requirements, compliance with which is assessed during licensing control, was approved by Order No. 04-45/32 dated July 28, 2021.

List of the most common violations of mandatory requirements.

Compliance Guide.

Appeals related to the content of the list of acts are accepted at the addresses indicated on the inspection page.

March 20, 2021, state housing inspection of the Arkhangelsk region

Obtaining a license

To obtain a license, you must submit an application to the licensing authority. The application must contain (Clause 1, Article 13 of Federal Law No. 99-FZ dated 04.05.2011 “On licensing of certain types of activities”):

The name and organizational and legal form of the legal entity, the address of the location and place of implementation of the licensed activity, the record number on the creation of the legal entity, data of the document confirming the fact of entering information about the legal entity in the Unified State Register of Legal Entities, telephone number and email address of the legal entity.
Full name of the individual entrepreneur, address of residence, address of the place where the licensed type of activity is carried out, details of the identity document, state registration number of the state registration of the individual entrepreneur, details of the document confirming the fact of entering information about the individual entrepreneur into the Unified State Register of Individual Entrepreneurs, telephone number and email address individual entrepreneur.
TIN, data from the document confirming the registration of the license applicant with the tax authority.
The type of activity that the license applicant intends to carry out, indicating the work performed, services provided, which constitute the licensed type of activity.
Information about payment of state duty.
Details of documents that indicate the license applicant’s compliance with licensing requirements.

In connection with the last point, the application must indicate the following information:

on registration of the applicant as a legal entity or individual entrepreneur on the territory of the Russian Federation;
about the absence of an unexpunged or unexpunged criminal record by the official of the license applicant;
information about the absence of information about the official of the license applicant in the register of persons to whom an administrative penalty in the form of disqualification was applied or who were deprived of a license;
about the absence in the consolidated federal register of licenses of information about the revocation of a license previously issued to the license applicant;
about websites and (or) official print media, where the applicant discloses information about his activities, if the applicant is already carrying out activities to manage apartment buildings at the time of applying for a license.

The following must be attached to the application (Clause 3, Article 13 of Federal Law No. 99-FZ dated 04.05.2011 “On licensing of certain types of activities”):

copies of the constituent documents of a legal entity, certified by a notary (for legal entities);
a copy of the qualification certificate of the official of the license applicant;
a copy of the order appointing the license applicant to the position of an official;
list of attached documents.

Documents can be submitted in person, sent by registered mail with notification or through the Unified Portal of State Services (clauses 5-6 of Article 13 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities”). Based on the information provided by the license applicant, as well as on the basis of information received from government bodies, an inspection is carried out, based on the results of which a decision is made to grant a license or to refuse to grant it. If an error was made in the composition or execution of documents, the State Housing Authority will notify you of this within 3 working days. An additional 30 working days are given to correct defects. This period begins to be calculated from the moment the applicant receives such notification. If corrections are not made within this period, the applicant receives a notification within 3 business days about the return of the documents with an explanation of why they were returned. If all documents are completed correctly and submitted in full, then the applicant receives a notification about this within 3 days. At the same time, a draft order is being prepared to conduct an unscheduled on-site inspection to determine the applicant’s compliance with licensing requirements.

Features of licensing activities for managing apartment buildings

In order to obtain a license, you must:

be an entrepreneur or legal entity;
have a qualification certificate;
have no criminal record;
do not have other licenses to carry out activities related to the management of an apartment building.

In addition, the candidate must provide a statement that he wishes to obtain a license. Next, it is necessary to comply with the requirements of housing control authorities to eliminate circumstances that do not allow licensing. If, of course, there are any. The organization must confirm compliance with these requirements using documents. The body responsible for issuing licenses verifies all information within a month.

To obtain a license you will need the following documents:

charter or other constituent agreement;
protocol on the creation of a management organization and other registration documents;
valid qualification certificate;
a document confirming that the person has no criminal record;
receipt for payment of the license fee.

Next, the state housing inspection body makes an appropriate decision. He is obliged to provide the licensing commission with a reasoned proposal on whether to give the organization a license or not. All licenses issued to management companies are included in a special register.

To receive a qualification certificate, the applicant must pass the appropriate exam.

The procedure for carrying out this examination, including questions and determination of results, are established by the federal executive body. Disqualified persons are not allowed to take the qualified examination. The certificate is valid for 5 years. In addition, the document may be canceled if forged documents were used to obtain it, as well as if the applicant was convicted in accordance with Russian law.

This license may be revoked if the licensee receives two or more administrative penalties for improper performance of their duties within a year. But in this case, the owners have the right of veto, which they can impose on the decision of the government body and allow the management company to continue its activities.

Licensing terms

According to Order of the Ministry of Construction of the Russian Federation dated October 28, 2014 No. 657/pr, the GZHN body must comply with the following deadlines when reviewing and processing documents:

received documents must be registered within one business day;
to make a decision on issuing a license or refusing to issue it – 30 working days from the date of receipt of correctly executed documents;
to make a decision on re-issuing or refusing to re-register a license - 10 working days from the date of receipt of a correctly completed application;
issue a license within 3 working days from the date of signing and registration in the license register;
You can obtain a duplicate license within 3 working days after submitting the appropriate application and package of documents;
You can receive an extract from the register of licenses, a copy of the act of the State Housing Authority body on the decision made, or a certificate confirming the absence of the requested information within 5 working days after receipt of the application; To cancel a license or terminate its validity, 5 working days are allocated from the moment the State Housing Inspectorate receives a court decision on this.

List of documents for obtaining a management company license

Since 2015, activities related to the management of an apartment building are subject to licensing. To obtain it, the licensing authority must provide:

an application in the established form for the issuance of a license;
official qualification certificate;
receipt of payment of state duty;
charter of a legal entity (notarized copy of it is required);
protocol or decision on the creation of a legal entity;
certificate of state registration;
order on the appointment of an official;
extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs.

Documents are provided in copies, with the exception of the receipt for payment of the state duty and the application itself. The licensing authority may require additional documents or, on the contrary, instead of the constituent documents of a legal entity, be content with one extract from the Unified State Register of Legal Entities, therefore it is recommended, before submitting an application, to clarify the list of required documents directly with the government agency.

Grounds for refusal to issue a license

The GZHN body may refuse to issue or re-issue a license on the following grounds (clause 7, article 14 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities”):

the application or documents attached to it contain false information;
As a result of the inspection, it turns out that the applicant does not meet the licensing requirements.

The issuance of a duplicate license is refused if the application is made by a person who is not the applicant or does not have the authority to do so.

It is impossible to obtain information from the unified register of licenses only if access is limited to preserve state or official secrets.

Appealing decisions of the State Housing Registration Authority

The applicant has the right to appeal the decision of the State Housing Authority in pre-trial procedure. To do this, you need to fill out a complaint using the form. You can attach documents to it that will confirm the applicant’s position. Based on the results of consideration of the complaint, the State Housing Authority either satisfies it or refuses to satisfy it. The results of the review are documented in an act. A written response containing the results of consideration of the written complaint is sent to the applicant. The complaint is considered resolved if all the questions raised in it are considered, the necessary measures are taken and a written response is given on the substance of the questions raised. You can appeal against the actions and decisions of the State Housing Authority body in court (clause 8 of Article 14 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities”).

Licensing information registers
Qualification certificate
Name of the management organization
Information disclosure
MKD management agreement
Monitoring the elimination of violations of licensing requirements
Administrative punishment for non-compliance with licensing requirements

Source: RosKvartal® - Internet service No. 1 for management organizations