437-FZ: New fines for violations when working with GIS housing and communal services

Why are fines needed?

The system started on July 1, 2021, but disclosure of information has not yet gained mass circulation. In May 2021, only 50% of enterprises in all regions of the country posted data in the system. By January 10, 2021 the following were registered:

more than 85,000 organizations and authorities;
information about 18 million multi-apartment and private residential buildings;
more than 100 million personal accounts;
over 50 million apartment meters.

The system was created to ensure transparent operation of housing and communal services. It regulates the activities of management companies, the acceptance and payment of payments for utility services, and processes citizens’ appeals. Penalties have been introduced to:

Organizations not yet registered in the system were “pulled into” the process of transparent work in a timely manner;
data arrived without delay;
the data corresponded to the current state of affairs.

Fines for failure to place information in the GIS Housing and Communal Services 2021

Not only the State Housing Inspectorate, but also the prosecutor’s office has the right to check how management organizations comply with the requirements for posting information in the Housing and Public Utilities State Information System. Controlling authorities are already issuing fines under Art. 13.19.2 Code of Administrative Offenses of the Russian Federation.

On July 1, 2021, management organizations became obligated to post information in the Housing and Communal Services GIS (Part 10.1 of Article 161 of the Housing Code of the Russian Federation). Since January 1, 2018, filling out the GIS Housing and Communal Services is a licensing requirement for most management organizations in accordance with Federal Law No. 263-FZ dated July 21, 2014. The composition, timing and frequency of posting information in the system are determined by the joint order of the Ministry of Telecom and Mass Communications of the Russian Federation and the Ministry of Construction of the Russian Federation dated February 29, 2016 No. 74/114/pr.

An exception to this rule is management organizations located in cities of federal significance - Moscow, St. Petersburg and Sevastopol. They continue to post information on the Housing and Communal Services Reform portal (Part 10, Article 161 of the Housing Code of the Russian Federation).

The amount of fines for failure to place information in the Housing Information System has changed several times. The latest changes to the Code of Administrative Offenses of the Russian Federation concerning the liability of management organizations for failure to place or untimely placement of information in the system were introduced by Federal Law No. 437-FZ of December 28, 2017.

The authority to conduct inspections of management organizations’ compliance with current legislation is vested not only in the bodies of the State Housing Inspectorate, but also in the prosecutor’s office. The prosecutor's office has already begun to identify violations committed by management entities when placing information in the system, and to bring them to justice under Art. 13.19.2 Code of Administrative Offenses of the Russian Federation. Let's consider several cases:

1. The GIS Housing and Communal Services does not contain electronic images of the protocol of the competition for the selection of a management organization and the management agreement for apartment buildings.

Such a violation was found in the management organization by the prosecutor's office of the Republic of North Ossetia-Alania. For failure to post information in the system, the director of the management organization was brought to administrative liability in the form of a fine under Part 2 of Art. 13.19.2 Code of Administrative Offenses of the Russian Federation.

2. Lack of information in the system about the work performed on the maintenance and repair of common property, the utilities provided, the number and total area of residential and non-residential premises.

3. The system does not include information about the general meetings of owners held in 2021, information about the utility services provided by the management organization is not disclosed, and data on completed transactions for crediting and debiting funds received from the owners to the organization’s account is not posted.

4. The system does not contain information about apartment buildings in which the management organization carries out activities for the maintenance and repair of common property.

The prosecutor's office noted that failure to post data in the Housing and Communal Services GIS is a violation of the principles of openness, transparency and public availability of information posted on the Internet. The prosecutor saw in the director’s actions signs of an administrative offense under Art. 13.19.2 of the Code of Administrative Offenses of the Russian Federation and sent the inspection materials to the Ministry of Construction of the Republic for taking measures. There is no exact information whether the UO received a fine.

5. The GIS Housing and Communal Services does not contain payment documents for apartment buildings managed by the Management Authority.

Failure to place payment documents in the system on time is a violation of Art. 155 of the Housing Code of the Russian Federation and order of the Ministry of Telecom and Mass Communications of the Russian Federation and the Ministry of Construction of the Russian Federation No. 74/114/pr. For such an offense, the director of the management organization was brought to administrative liability under Part 2 of Art. 13.19.2 Code of Administrative Offenses of the Russian Federation.

6. The system does not contain technical characteristics of housing facilities and information about metering devices.

The prosecutor's office discovered such a violation in 10 management organizations operating apartment buildings in Kazan. 10 managers of the educational institution were brought to administrative responsibility under Art. 13.19.2 of the Code of Administrative Offenses of the Russian Federation and received instructions to eliminate the identified violations and bring the guilty officials to disciplinary liability.

Please note that management organizations are already subject to administrative liability for non-placement, incomplete placement or placement of false information in the GIS Housing and Communal Services. The regulatory authorities carefully check the availability of information in the system and the compliance of the posted information with the paragraphs of the order of the Ministry of Telecom and Mass Communications of the Russian Federation and the Ministry of Construction of the Russian Federation dated February 29, 2016 No. 74/114/pr.

The responsibility of companies managing apartment buildings for actions to place data in the state information system (GIS) is to implement stricter measures. In 2017, the lack of a complete and reliable picture of the property promises penalties for the person responsible.

What is the violation of working with the system, how and to whom will fines be assessed - we will cover these questions in this article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

The general procedure for the arrangement and functioning of the housing and communal services system is regulated in the Housing Code of the Russian Federation.

Key issues of the functioning of GIS, as well as the interaction with them of homeowners’ associations (HOA), management and resource supply companies, are set out in two Federal Laws: Federal Law No. 209-FZ of July 21, 2014 “On GIS Housing and Communal Services of the Russian Federation”, as well as Federal Law No. 263- dated July 21, 2014 “On changes in legislation after the adoption of the Law “On GIS Housing and Communal Services of the Russian Federation.”

According to the directives in the above-mentioned laws, subjects of housing and communal activities must place in the GIS a complete picture of information, consisting of:

data on the housing stock;
services provided for working with common real estate in houses;
work performed on repairs and preservation of common property;
information about utility companies serving the house, as well as regular payments in their favor;
information about residents’ debts for utilities, etc.

Based on Federal Law No. 209-FZ, a joint Order of the Ministry of Telecom and Mass Communications and the Ministry of Construction No. 74/114/pr was prepared. dated February 29, 2016, approving the procedure, timing and regularity of publishing data in the GIS housing and communal services by their suppliers.

According to the Law “On GIS Housing and Communal Services of the Russian Federation”, the main “target” of penalties is the activities of organizations performing management functions in apartment buildings (HOA, housing cooperatives), as well as companies that supply resources and those that accept payments for utility services from the population .

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In matters of interaction of the above categories of services with GIS, penalties are provided for:

lack of information about the property in the GIS Housing and Communal Services;
non-compliance with the regulations, methods of provision and the final time frames fixed in the legislation allocated for the publication of information regarding each object;
providing incomplete information;
publication of obviously incorrect data.

Each of these actions is the basis for issuing an administrative fine, the amount of which depends on the entity responsible for them. The implementation of penalties will be possible, both based on the results of an inspection by the State Housing Inspectorate, and on the basis of private complaints from residents of an apartment building.

Despite the fact that the start of operation of the Russian GIS housing and communal services took place on July 1, 2021, as of May 2021, only more than 50% of target organizations throughout the Russian Federation are integrated into the housing and communal services data system.

Work on the GIS itself took three years, and due to the fact that the commissioning of the housing and communal services information system itself was postponed, the timing of the implementation of administrative responsibility was simultaneously postponed.

Based on the fact that the integration of all target organizations in the regions of the Russian Federation was approximately expected to be completed before July 1, 2017, they will bear responsibility for failure to enter information about an apartment building from January 1, 2021.

The regulations for recording and liability for violations in the placement of data in the GIS housing and communal services are set out in Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation. Based on who is the responsible supplier of information, the article prescribes the payment of an administrative fine ranging from 1 to 200 thousand rubles.

Failure to place information in accordance with the legislation of the Russian Federation in the state information system of housing and communal services or violation of the procedure, methods and (or) terms for posting information established by the legislation of the Russian Federation or posting information not in full, posting knowingly distorted information - entails the imposition of an administrative fine on individuals directly managing an apartment building - in the amount of one thousand rubles; for individuals who are administrators of general meetings - fifteen thousand rubles; for an official of a local government body - thirty thousand rubles; for legal entities supplying resources necessary for the provision of public utilities, providing public services - two hundred thousand rubles; for legal entities engaged in the management of apartment buildings - thirty thousand rubles; for legal entities engaged in the construction of apartment buildings - one hundred thousand rubles; for other legal entities - thirty thousand rubles.
The commission of an administrative offense provided for in Part 1 of this article by an official who was previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years.

Note. For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.

Thus, you will have to pay for violations:

housekeeper - 1000 rubles;
chairmen of boards and general meetings – 15 thousand rubles;
HOAs, TSNs, housing cooperatives and other organizations managing apartment buildings – 30 thousand rubles;
resource supply organizations - 200 thousand rubles.

While the application of Federal Law No. 209-FZ in the context of administrative liability has not been implemented, the authorized authorities are discussing the option of issuing a warning for the first offense.

And only in the event of a repeated incident on the same property will penalties be imposed on the organization.

If a repeated offense on the part of an official is detected after the imposition of penalties, his punishment may be implemented in the form of disqualification for a period of 1 to 3 years.

Thus, tightening the responsibility of all subjects of the housing and communal services sector for the result of interaction with the state information system is intended to assist in the updating of all open data, ease of access to them for private users, and monitoring of work performed.

Unfair implementation of the tasks set for implementation at the legislative level entails significant financial sanctions, in particular, for legal entities providing resource supplies.

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Another important package of innovations that came out by the beginning of 2018 was the Federal Law of December 28, 2017 No. 437-FZ “On Amendments to the Code of the Russian Federation on Administrative Offenses.”

Let’s take a closer look at how the fines for violations of information disclosure requirements by housing and communal services organizations have changed.

Now power supply organizations can be punished not only for failure to post information on their website, in the media, and in other sources in accordance with Government Decree No. 24 of January 21, 2004, but also for providing knowingly false information in these sources (Article 9.15. Code of Administrative Offenses of the Russian Federation). The fine for such a violation is for officials from twenty to thirty thousand rubles, and for legal entities from two hundred to five hundred thousand rubles.

For the most part, fines for violations when working with GIS housing and communal services have decreased.

Thus, if representatives of government bodies, state housing supervision, municipal housing control, representatives of regional operators of capital repairs, representatives of settlement centers violated the procedure and/or terms for posting information in the GIS Housing and Communal Services, or posted false information there, then in this case , the fine for officials was reduced from thirty thousand rubles to five to ten thousand rubles, and the fine for legal entities was reduced from two hundred thousand rubles to thirty to fifty thousand rubles (part 1 of article 13.19.1 of the Code of Administrative Offenses of the Russian Federation).

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For the operator of the GIS Housing and Communal Services, which is Russian Post, the fine for failure to publish the information required from it in the GIS Housing and Communal Services was reduced from two hundred thousand rubles to ten to twenty thousand rubles (Part 2 of Article 13.19.1 of the Code of Administrative Offenses of the Russian Federation).

If the operator of the GIS housing and communal services does not take any measures to restore the operation of the GIS housing and communal services in the event of any problems, a new fine has been introduced for him in the amount of one hundred fifty to two hundred thousand rubles (part 2.1 of article 13.19.1 of the Code of Administrative Offenses of the Russian Federation).

In addition to the GIS housing and communal services, there may be other information systems at the level of federal subjects or municipalities. If a public authority operating such a state information system or a municipal information system that interacts with the GIS housing and communal services violates the interaction procedure, then the punishment for it will now be a warning or a fine of five to ten thousand rubles, against thirty thousand rubles for officials and two hundred thousand for legal entities earlier (part 3 of article 13.19.1 of the Code of Administrative Offenses of the Russian Federation).

By the way, according to the new notes to Art. 13.19.1. Code of Administrative Offenses of the Russian Federation, individual entrepreneurs in case of violation of the placement of information in the GIS Housing and Communal Services bear the same responsibility as legal entities. Also, if the authorities have transferred their authority to place information in the Housing and Communal Information System to other persons, then fines for violations are not imposed on them, but are assigned to those persons to whom the corresponding powers were transferred.

In article 13.19.2. The Code of Administrative Offenses of the Russian Federation has also undergone changes. Now there is also talk not only about penalties for failure to place information in the GIS housing and communal services, but also about penalties for posting false information in the GIS housing and communal services.

If the general meeting of owners of the premises of an apartment building is organized through the GIS Housing and Communal Services (and they promise that from the beginning of 2018 this functionality will begin to work) or through another information system via the Internet, and the administrator of such a general meeting has not posted all the required information in the relevant system , or posted false information, or violated the terms of posting, then the fine for such violations is now from three to five thousand rubles for individuals and from five to ten thousand rubles for officials (Part 1 of Article 13.19.2 of the Code of Administrative Offenses RF), but in addition to a fine, a warning may also be issued. Previously, such fines amounted to one thousand rubles for individuals, and from fifteen to two hundred thousand rubles in other cases.

Management organizations, suppliers of utility resources and local government bodies for failure to place information in the GIS housing and communal services or for posting false information are now punishable by a warning or a fine for officials equal to five to ten thousand rubles (Part 2 of Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation). Previously, these fines could also range from fifteen to two hundred thousand rubles.

If such violations are committed by officials repeatedly, then they will be punished with larger fines, equal to from fifteen to twenty thousand rubles (Part 3, Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation).

Violation of requirements for posting information in the GIS housing and communal services and violation of licensing requirements by management companies are now punishable separately (paragraph 1, part 2, article 14.1.3 of the Code of Administrative Offenses of the Russian Federation). Previously, there was a legal conflict that made it possible to attribute the same violation of licensing requirements to different articles of the Code of Administrative Offenses of the Russian Federation.

If the housing inspection has identified violations of the legislation on the State Information System of Housing and Communal Services and issued an order to eliminate these violations, the official who failed to comply with this order, or who fulfilled it improperly, is now punished with a fine of five to ten thousand rubles (Part 24.1 of Article 19.5 of the Administrative Code RF).

Failure to publish or provide, as well as publication or provision of knowingly false information about their activities by subjects of natural monopolies, regional MSW management operators, heat supply organizations, officials of bodies setting tariffs is now punishable by a fine of five to twenty thousand rubles for officials and fines from one hundred to five hundred thousand rubles for legal entities (part 1 of article 19.8.1 of the Code of Administrative Offenses of the Russian Federation).

This law came into force on January 1, 2021.

However, in conclusion, it is worth noting that in relation to persons operating in the cities of Moscow, St. Petersburg and Sevastopol, requirements for the imposition of fines for failure to place information in the GIS Housing and Communal Services come into force on July 1, 2021.

Dmitry Ivanov for NKZHKH.RF

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Since the beginning of 2021, management organizations in Russia have been subject to fines for ignoring the obligation to enter information into the GIS housing and communal services. In the article we will look at why this information system was introduced, and what the Criminal Code needs to do in order not to receive a fine. We will indicate the latest amendments to the legislation regarding the introduction of fines, their amounts and the procedure for imposition.

To streamline the market for housing and communal services in our country, the GIS Housing and Communal Services was created. The state information system is needed so that citizens can receive information about the work of the housing and communal services sector, as well as pay for utilities. GIS is needed to unite all participants in this market:

management organizations;
resource specialists;
authorities at the federal and local levels;
owners of apartments in MKD.

The system is needed to ensure transparency in the work of housing and communal services. With the help of GIS housing and communal services, it will be possible not only to monitor the activities of companies operating in this area. When all the planned functionality of the system is deployed, it will also be used to accept payments for utilities.

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The launch of the information system was announced on July 1, 2021. Disclosure of information by management organizations throughout the country is not proceeding at a very high pace. By May 2021, only 50 percent of enterprises in all regions posted information about themselves.

The system was developed over three years, its implementation was postponed several times. At the same time, there was a postponement of the introduction of fines for failure to fill out the GIS Housing and Communal Services, that is, for failure to post information required by law.

From April 11, 2021, management authorities are required to send notifications to consumers about debt, restrictions or suspensions of utility services, and other issues regarding the provision of utility services, now also using the Housing and Communal Services GIS.

Previously, the method of notification depended on the topic on which it was sent. For example, the inspection of the IPU had to be notified in writing in a way that would confirm the date the notification was sent, or against a signature. Now you also need to notify using the Housing and Communal Services GIS.

It was assumed that all target enterprises in Russian regions must enter the necessary data by July 1, 2021. For those who did not manage to fulfill this obligation, a six-month transition period was provided. From the beginning of 2021, administrative liability began to apply to violators. In accordance with the adopted bill, for the first recorded violation, no fine is imposed for the delay (lack of placement) of integration into the GIS housing and communal services. A primary violation will result in a warning.

The described rules apply to all regions of the country, with the exception of federal cities. For Moscow, St. Petersburg and Sevastopol, the introduction of fines for GIS housing and communal services is postponed; instead of January 2021, it has been postponed to July 2021.

As of January 10, 2021, the statistics of the information system were as follows:

1.5 million people and more than 85,000 enterprises and government bodies were registered;
information about 18 million high-rise buildings and residential buildings was entered;
more than 100 million personal accounts appeared;
More than 50 million apartment meters have been added.

Responsibility in the form of fines for failure to place information in the GIS Housing and Communal Services for HOAs, management companies and other market participants is laid down in Article 13.19.1 of the Code of Administrative Offenses of the Russian Federation. It is provided for the following violations:

failure to comply with deadlines and procedures for disclosure of information;
failure to post information;
entering incomplete data;
indication of deliberately incorrect information;
differences in charges on paper receipts and in the system.

The legislation focuses specifically on the need to punish those who deliberately do not post the necessary information or distort it. Of course, in case of accidental errors, fines for GIS housing and communal services are not canceled; their complete cancellation will harm the filling of the system, but they are reduced, and the reduction depends on the situation. For the first violation, as we said above, it is proposed to only issue a warning. Real penalties come only the second time, and a certain fork is provided for them. Depending on the degree of guilt of the management of the management organization, it will be assigned a penalty closer to the lower or upper limit of the range.

It is also planned to punish the operator working with the GIS housing and communal services. Currently it is Russian Post. This service may be fined for incorrect operation of the information system and loss of user information.

Initially, instead of fines for ignoring the need to enter information into the Housing and Communal Information System, legislators proposed depriving the management company of the ability to collect utility bills, but later this measure was changed, or rather, it was transferred to the future in a slightly adjusted form. Representatives of the authorities came to the conclusion that allowing citizens to “legally” not pay for housing and communal services is fraught with an excessive increase in non-payments, including without sufficient grounds.

As a result, a monetary incentive measure was developed for management organizations to enter data into the information system. It is called economic motivation. Instead of being deprived of the right to collect utility bills, management companies that do not fulfill their obligations will not be able to charge the owners of premises a penalty for late payments. Even taking into account their small size, these cash receipts are very important for management organizations, since their ability to receive funds is limited. This measure will be a good incentive for them.

The process of launching the information system lasted for several years, and it has not yet been fully completed. During this period, the provisions on the time at which GIS Housing and Communal Services fines will begin to work have changed more than once. The list of violations for which companies are expected to be held accountable has also been changed. Here are the adjustments to Article 13.19.1 of the Code of Administrative Offenses that occurred at the beginning of 2018.

Recently, licensing rules have been in force for management organizations, and violations of them are fraught with the revocation of permits. This is determined by Federal Law 255, with the help of which corresponding changes were made to the RF Housing Code in 2014. It is important to note here that errors in the use of GIS housing and communal services will not be considered a violation of licensing requirements.

Some changes also affected penalties for failure to comply with the instructions of the State Housing Inspectorate regarding work with the information system. They are reflected in Article 19.5 of the Administrative Code. We present the amendments in the form of another plate, which clearly shows the norms that were in effect before the beginning of 2021 and came into force on January 1, 2021.

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What are they fined for in 2021?

First violation. Due to the three-year development of the system, its launch was postponed several times, and consequently fines were postponed. The authorities gave the opportunity to enter the required data until July 1, 2017, and from January 1, 2021 introduced administrative liability for violations in the disclosure of information. According to the law, for the first violation, delay or failure to place data in the GIS Housing and Communal Services, a fine is not imposed, but a warning is issued.

Subsequent violations. If the management company violates the rules a second time, it will have to pay a fine in the amount of 5,000 to 10,000 rubles. For the third and all further violations, the fine rises to 15–20 thousand rubles.

Cancellation of fines. Fines for failure to fill out the Housing Information System have been postponed for federal cities - Moscow, St. Petersburg and Sevastopol. For management organizations in these regions, fines for GIS housing and communal services will be postponed until July 2021.

Administrative penalties

Responsibility for the offense is specified in Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation and provides for the following fines.

For failure to post information

In accordance with the legislation of the Russian Federation on housing and communal services, non-placement or violation of the procedure and deadlines for submission is subject to fines:

For individuals who manage apartment buildings - from one thousand rubles (for example, a housekeeper).
For an individual administrator at general meetings, a fine of 15 thousand rubles was imposed.
For an official body of local self-government - a fine of 30 thousand rubles.
A legal entity that supplies resources and utilities necessary for existence will be punished in the amount of 200 thousand rubles (for example, for HOAs, TSNs, housing cooperatives).
A legal entity managing an apartment building is subject to a fine of 100 thousand rubles.
For other persons, the penalty is 30 thousand rubles.

For reference: if a violation is noticed again, it entails not only a monetary penalty, but also removal from office for a period of 1-3 years.

Until January 1, 2021, the punishment for failure to place information in the GIS Housing and Communal Services was agreed upon under Article 19.5. Code of Administrative Offenses of the Russian Federation “Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control), municipal control.”

For disclosure

A violation by the operator that resulted in access to information (for example: deadlines, suppliers, users, various means of support) is subject to an administrative fine of 10 to 20 thousand rubles.

This site explains all the features of the GIS housing and communal services service. Find out how to register correctly and enter information, how to log into the system through State Services and the Unified Identification of Automation, as well as how to correctly find, change or delete information about a house in the system and add a personal account.

From what time do fines for GIS housing and communal services come into force?

The provisions of Article 13.19.1 and Article 13.19.2 of the Code of the Russian Federation on administrative violations and liability for failure to post information, posting incomplete or unreliable information come into force from 01/01/2018 and from 07/01/2019.

Amendment or norm of current legislation	When the responsible person assumes responsibility	When does liability for violation begin?
Transfer of responsibility for posting information for information providers	from July 1, 2021	from January 1, 2021 - administrative liability, fine
	in Moscow, St. Petersburg, Sevastopol - from July 1, 2019	from July 1, 2021 - administrative liability from January 1, 2021 - fine
Disclosure of information in the GIS Housing and Communal Services - Part 10.1 of Article 161 of the Housing Code of the Russian Federation	from July 1, 2021 in Moscow, St. Petersburg, in Sevastopol - from July 1, 2021	from January 1, 2021
Maintaining registers of licenses - Article 195 of the Housing Code of the Russian Federation	from May 1, 2015	currently
Placing a list of apartment buildings under management - Article 198 of the Housing Code of the Russian Federation	from August 1, 2015	currently

Prove in court violations in the procedure for drawing up documents and considering an administrative case

You can challenge in court fines for failure to place information in the State Information System of Housing and Public Utilities by pointing out to the court violations in the procedure for drawing up a protocol by the supervisory agency and preparing/conducting a court hearing to hold the management company/housing association accountable.

Thus, in case A65-31236/2017, the management organization proved that the protocol on an administrative offense and the resolution in the case were drawn up by the State Housing Property Inspectorate in the absence of a representative of the company and without properly notifying it of the date and time of signing the documents. At the same time, the department conducted the investigation beyond the established deadlines and did not extend them. The judge took into account all these violations committed by the State Housing Inspectorate and declared it unlawful to bring the administrative authority to administrative liability.

In case No. 12-60/2019, the HOA was not timely and properly notified of the court hearing in the case, and the period for holding the partnership accountable for failure to post information in the GIS Housing and Communal Services has expired. The court overturned the decision of the magistrate regarding the HOA and removed the punishment imposed under Art. 13.19.2 Code of Administrative Offenses of the Russian Federation. Violation of the procedure for considering a case of an administrative offense helped the administrative authority from Kazan avoid a fine for incompletely filling out the Housing Information System in case No. A65-31236/2017.

What to do to avoid fines?

Obtain an electronic signature from an accredited certification center from the current list.
Register in the GIS Housing and Communal Services.
Upload information to the website in accordance with the composition, timing and frequency of posting according to the order of the Ministry of Construction, the Ministry of Telecom and Mass Communications dated February 29, 2016 No. 74/114/pr.
If you have already posted information, check the relevance of the data and the content of the required information:

commissioning of the metering device - from June 30, 2021;
number of the single personal account of the owner of the apartment building for payment of contributions for major repairs through the system - if the owner of the special account has been identified by the management company, homeowners' association, residential complex, housing cooperative;
the same personal account number, but for payment for housing and communal services through the system.

Housing and communal services news

So, according to Part 1 of Art. 13.19.2 of the Code of Administrative Offenses of the Russian Federation, from January 1, 2021, legal entities will not be fined for failure to post information in the system. In case of violation, the official will be held accountable, the amount of the fine will be from 5,000 to 10,000 rubles. If a repeated offense is committed, the official faces an administrative fine in the amount of 15,000 to 20,000 rubles (Part 3 of Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation).

Federal Law No. 437-FZ of December 28, 2017 abolished fines to management organizations, HOAs/TSNs, residential complexes, housing cooperatives for failure to comply with the instructions of the State Housing Authority body on time. Now such fines can only be imposed on officials if the order of the State Housing Inspectorate to eliminate violations in the State Information System of Housing and Communal Services is not fulfilled or carried out improperly. The amount of the fine will be from 5,000 to 10,000 rubles (part 24.1 of article 19.5 of the Code of Administrative Offenses of the Russian Federation).

Two management organizations of the Saratov region at once inattentively placed information in the system, for which the prosecutor’s office imposed an administrative fine on each official guilty of the violation. The amount of the fine according to Art. 13.19.2 of the Code of Administrative Offenses of the Russian Federation amounted to 5,000 rubles from each culprit. In addition, the management authorities received recommendations to eliminate violations of housing legislation.

One management organization violated several points of the order of the Ministry of Telecom and Mass Communications of the Russian Federation and the Ministry of Construction of the Russian Federation dated February 29, 2016 No. 74/114/pr. The director of the UO did not deny his guilt at the court hearing and received a minimum fine under Part 2 of Art. 13.19.2 of the Code of Administrative Offenses of the Russian Federation in the amount of 5,000 rubles.

4. The system does not contain information about apartment buildings in which the management organization carries out activities for the maintenance and repair of common property.

5. The GIS Housing and Communal Services does not contain payment documents for apartment buildings managed by the Management Authority.

6. The system does not contain technical characteristics of housing facilities and information about metering devices.

How to quickly and efficiently place information on the Housing and Communal Services GIS?

You can use the Housing Standard ACS to post information. The software has introduced a system of two-way data exchange with GIS housing and communal services via API. The Analysis tool allows you to check the completion percentage and the accuracy of the entered data. You will not need to enter information into both the automated control system and the housing and communal services GIS. It is enough to use the functionality of the “Housing Standard”, which structures all the information and connects documents and data with each other according to processes.

Why should you use an automated control system?

GIS	ACS
Occasionally unavailable.	Always available.
Requires authorization to enter data into the EPD.	The authorization process is simplified.
Data integrity is needed - for example, it does not allow saving the date of establishment of energy efficiency without a document about this energy efficiency.	There are no restrictions on entering data and documents.
The EPD in the GIS does not comply with the resolution; the development of the form is still in progress.	The EPD is already in the ACS as a ready-made template. All necessary data, already entered into the automated control system, automatically generates an EPD - characteristics of the house, apartment, metering devices, non-residential premises, living space and more.
There is a risk of losing information, as has happened in the past. You'll have to enter everything again. For example, the characteristics of apartments by the number of rooms have become mandatory - now this data is not available on the GIS.	The information is in cloud storage and will not be lost.
The list of houses for the electronic passport is limited to buildings included in the license.	The automated control system allows you to enter information into the EPD of any home

All functions of the Housing Standard ACS are strictly regulated by law. The software is fully integrated with GIS housing and communal services. The software will save time and allow you to avoid fines for violations in the placement of information.

25.04.2019

Sanctions in case of failure to publish data in the Housing Information System

Company representatives are obliged to inform people in a timely manner. If the norm is violated for the first time, only a formal warning is provided. Regardless of whose interests the representative protects. If the legal norm is ignored again, money should be collected. For further violations, a fine will be established for the State Information System of Housing and Communal Services. Legal entities that deliver vital supplies of people's livelihoods are also subject to fines. The amounts of money in the first case will be: 5-10 thousand rubles; for the second: 10-15 thousand rubles; in the third case, they will be fined 200 thousand rubles.

According to Gennady Antontsev, the developed system does not function fully; moreover, it only brings expenses to the persons who are the actual owners. The problem is the lack of reinforcement and interaction between publishing persons and GIS housing and communal services employees. The publication does not bring any benefit to citizens, since the date of appearance of the home and the dimensional characteristics were previously known without the innovation in question.

conclusions

For non-placement, incomplete placement or placement of false information in the GIS housing and communal services, management organizations are already subject to administrative liability. The regulatory authorities carefully check the availability of information in the system and the compliance of the posted information with the paragraphs of the order of the Ministry of Telecom and Mass Communications of the Russian Federation and the Ministry of Construction of the Russian Federation dated February 29, 2016 No. 74/114/pr.

If you have not yet started filling out the GIS Housing and Communal Services or have not posted all the information, we recommend that you hurry up and also be careful so as not to miss anything. Read our articles about how to avoid mistakes when placing information in the system.