After the publication of the article about the entry into force of the Order of the Ministry of Construction on the approval of the form of the acceptance certificate for work performed, many questions and comments poured in from management organizations. And this is quite understandable, since this topic is of concern to all management companies. Most of the questions concern the procedure and timing for drawing up and signing these acts between the management company and the chairman of the house council or a representative authorized by the OSS from the owners of premises in the apartment building.
The document approved by the Ministry of Construction provides only the form of the acceptance certificate for the work performed. But not a word is said about the procedure or timing for activating and signing this form. In today's article we will try to understand these issues.
Read more about the Order of the Ministry of Construction on the approval of the form of the acceptance certificate for work performed here.
The procedure for certifying completed work between the management company and the owners of premises in the apartment building
The procedure for drawing up and signing an acceptance certificate for work performed is prescribed in the Civil and Housing Codes of the Russian Federation. We will turn to them for help and clarification. But before getting to the bottom of the issue, it is necessary to delve deeper into this problem.
We need to start with the fact that the MKD management agreement does not stipulate the procedure for activating completed work. It only talks about the procedure for control by the owners of premises in the house over the implementation of management works and the provision of services under a management agreement (Article 162 of the Housing Code of the Russian Federation).
But the owners’ control over the fulfillment of the management company’s obligations under the management agreement has nothing to do with the acceptance of the work performed. This should be remembered by both the management organization and the owners of premises in apartment buildings.
A management agreement for an apartment building is a mixed type of contractual obligation between the owners of the premises in the house and a management organization that performs work on maintaining the house and provides services for the management and routine repairs of the common property of the apartment building on a reimbursable (paid) basis (clause 3 of Article 421 of the Civil Code of the Russian Federation ).
According to Article 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, the contractor, represented by the management company, undertakes obligations, on the instructions of the customer, represented by the owners, to carry out work on the maintenance of the common property of the apartment building for a certain fee. The customer, represented by the owners of the premises, undertakes under the same agreement to pay for the work performed by the management company.
According to Article 702 of the Civil Code of the Russian Federation, work on routine repairs of common property in an apartment building is covered by a construction contract. Under this agreement, the contractor undertakes to carry out work according to the customer’s instructions and present him with the result. The customer, in turn, undertakes under the contract to accept the work performed and pay for it.
Thus, acceptance of completed work according to the act is not a right, but an obligation of the customer, that is, the owners of the premises in the apartment building . This relates to the fact that some management organizations believe that it is allegedly impossible to force the owners to sign this act, since they are not obliged to sign it.
But the Civil Code of the Russian Federation clearly prescribed to us that the owners do not have the right, but are obliged, to sign the acceptance certificate for the work performed when representatives of the management organization bring it for signature.
The round seal is a right, not an obligation of the organization
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Purpose of the document
The certificate of completion of repair work is one of the most important documents used in the construction industry. This document contains information about the quality, volume and cost of work performed, the initial and final dates for the execution of services.
The conclusion of the act implies proof of the absence of claims on the part of the customer and agreement with the conditions on the part of the contractor.
We advise you to read:
- ✅ Certificate of work performed under the premises rental agreement: sample
- ✅ Certificate of acceptance and transfer of services provided: sample
- ✅ Agreement on the provision of services with an individual
- ✅ Additional agreement to the contract: sample
The act, drawn up in two copies, is signed by the customer and the contractor. It must be certified with a seal.
Monitoring the implementation of the management company’s work under the contract
First of all, it should be noted that in order to avoid misunderstandings between the owners of premises in an apartment building and the management organization, the procedure for monitoring the management company’s fulfillment of its obligations must be clearly stated in the management agreement.
But, as practice shows, in the vast majority of cases this clause is not specified in the management agreement for apartment buildings, which is why various controversial situations subsequently arise.
In this case, Article 748 of the Civil Code of the Russian Federation says that the customer has the right to control the process, timing and quality of work performed, but does not have the right to interfere with the operational and economic activities of the contractor (MC or contractor). Similar provisions are contained in the Rules for the maintenance of common property of apartment buildings (RF RF No. 491).
Therefore, if the owner tells you that they will not sign because they want to check the estimated and actual cost of construction materials or the work itself, then they do not have the right to do so. The owners cannot check the financial side of the issue. They only have the right to control the quality of work performed.
If during the execution of work the customer discovers non-compliance with the stated standards, defects or malfunctions, he must immediately notify the contractor, represented by the management company or the contractor. Otherwise, the customer of the work subsequently loses the right to refer to the detected defects, since he did not report them on time.
Read also that management companies will be fined for poor quality work and services.
How to draw up such an act
An organization can independently develop forms of acts, although there are approved uniform forms, for example:
- OS-3 , act on the results of acceptance of repairs of fixed assets;
- KS-2 , based on the results of construction and installation work, is drawn up by the contractor;
- KS-11 , acceptance of a completed facility;
- KS-14 , acceptance by the commission of a completed facility.
After the repair work is carried out and completed by the contractor, in the absence of any claims or complaints from the customer regarding the volume, timing and quality of the work, the parties draw up a document about this. It is called an act of completion of repair work.
An example of an acceptance certificate for completed work
Responsibility of the management company for poor quality work
If during the process of work the owners reveal their inadequate quality and report this in a timely manner, then they may demand a reduction in the cost of the work performed (Article 723 of the Civil Code of the Russian Federation). In order for a management company or a contractor to become liable for poor-quality work , the owners must identify shortcomings and document this fact.
Within 6 months from the moment the defect was discovered, owners have the right to submit a written application for recalculation to their management organization (Appendix to RF PP No. 491).
In other words, you first need to identify the defect and register it, and then write it to the Criminal Code on the basis of the act, and not vice versa. That is, the owners will not succeed in such a scheme that after a month or two they decide to recalculate for an entrance that was not cleaned on time or poorly cleaned, drawing up a report late.
A report on identified violations is drawn up and signed in the presence of a representative of the management company and the authorized owner of the premises in the apartment building or the chairman of the house council (RF PP No. 354). It turns out that if there is no report on identified violations, then there is no defect itself. It follows from this that there is no report of defects - no recalculation.
Moreover, the recalculation is done only for the period from the date of drawing up the report on the inadequate quality of the work performed to the date of drawing up the report on the elimination of the identified violations (clauses 111,112 of the RF PP No. 354).
Summarizing all of the above, the following important points can be noted:
- owners of premises in apartment buildings can, as a customer, control the performance of work and services provided by the management company under the contract;
- if a defect or inadequate quality of work performed is detected, a corresponding act must be immediately drawn up and signed in the presence of the owners and representatives of the management company;
- from the moment of drawing up and signing the act on the identification of violations, the owners have the right, within 6 months, in writing to demand from their management organization a recalculation for work performed improperly;
- In the absence of a timely and competently drawn up report on the identification of violations, the Criminal Code has the right to refuse to recalculate for the work performed.
Management companies will report using new forms to Rosstat
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Procedure for drawing up the document
There is practically no specific procedure for drawing up an official document. In most cases, it is formed after completion of work by agreement of both parties.
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Despite the fact that the act is drawn up in free form, it must undergo official registration upon completion. For this purpose, the organization maintains an appropriate register. When concluding an agreement between two private individuals, a register is not maintained.
The register is maintained according to established recommendations. It must include the following information:
- Name of the counterparty and basic details.
- Number of the concluded agreement.
- Project name.
- The name of the assigned tasks.
- The number of the act that was drawn up for the acceptance of the construction work carried out.
- The amount of costs to complete a task.
Many people do not pay attention to the fact that the document drawn up must be in two copies . One of them is taken by the performer, since it will testify to the fulfillment of the terms of the drawn up contract. It is on this basis that the specified amount will be paid.
Act structure
The document must indicate certain information that is considered mandatory. It is as follows:
- At the top, the name of the document is written, for example, an act of completion of apartment renovation work.
- The time for filling out the paper must be noted.
- The next part of the act concerns the names of companies or persons who are the customer and the contractor. Such information can be indicated solely on the basis of constituent documents. The company name must be the same in all documents drawn up and signed.
- A list of work performed is provided. In most cases, this information is displayed as a table.
- Volume of work performed.
- Units of measurement used when measuring various indicators.
- The total cost of the project. It is indicated taking into account taxes included.
- The time frame within which the performer needs to meet without loss of quality.
- Contract number and other information on the basis of which the contractor provided services.
- The account number to which transfers will have to be made upon acceptance of completed work is indicated.
- Stamps of both parties between whom the contract was concluded. If one of the parties is an individual, then only one seal is affixed.
A mandatory element of all acts is the signature of both parties. Without them, the document cannot be used to claim the intended amount of money for work performed.
Important Terms
Particular attention is paid to drawing up an agreement when ordering services from foreigners. In most cases, a document is drawn up in free form. To accept the work, the customer can attract a specialist, who is indicated in the drawn up document.
Attention! In most cases, an act of acceptance of the transfer of repair work or services is not required when concluding an agreement with a private owner.
There are a few exceptions:
- When transferring the organization to the buyer.
- When accepting repairs that were carried out under a construction contract.
- When transferring objects for temporary use under a contract.
- When selling a building to another person.
The official document must be signed by both parties. Otherwise it will not be considered valid. If the deadlines were violated or the services provided did not meet the required quality, then the completed form is not signed by the customer.
When reviewing the content, pay attention to the wording. In some cases, phrases are used that can be interpreted differently. The main part concerning the acceptance of services provided or work performed must be clear and unambiguous.
Types and samples of documents
You can highlight just a huge number of different types and samples of the certificate of repair work performed. Almost all of them are based on the KS-2 form. Among the nuances of drawing up the form, the following can be noted:
- Basic information is indicated as details at the beginning of the document.
- To structure the content, most of the information is indicated in table form. This makes the process of creating the form a little more complicated, but makes it easier to find important sections.
Carefully! Each company has its own sample, which is compiled for a specific task. At the time of contacting the customer and drawing up the contract, the contractor must become familiar with which form will be used as the repair work acceptance certificate.
Who should sign the acceptance certificate for completed work on behalf of the owners of premises in the apartment building
The Housing Code of the Russian Federation tells us that the parties to the signing of the management agreement for apartment buildings are the owners of the premises in the house and the management organization (clause 2 of Article 162 of the Housing Code of the Russian Federation). Also, according to housing legislation, owners are required at a general meeting to elect the council of an apartment building and its chairman to monitor the fulfillment of the obligations assumed by the management company under the contract.
The house council exercises control over the implementation of work and the provision of services for the maintenance and current repairs of common property in the apartment building (clause 5, clause 5, article 161.1 of the Housing Code of the Russian Federation).
At the same time, the list of powers of the house council does not include the function of signing acceptance certificates for work performed by the management company. Thus, members of the MKD council, as well as other owners of premises in the house, do not have the right to sign this act.
This right is possessed only by the chairman of the council of the apartment building or the owner elected at the general meeting and authorized to do so on behalf of all owners of the premises in the house. According to paragraph 4 of paragraph 8 of Article 161.1 of the Housing Code of the Russian Federation, the chairman elected from among the members of the MKD council has the right:
- control the performance of work and provision of services to the management company under the management agreement;
- sign acceptance certificates for work performed and services provided for the maintenance and current repairs of common property in the house;
- sign acts on the performance of work and provision of services of inadequate quality for the maintenance and routine repairs of common property in the house.
At the same time, the chairman of the house council does not have the right, but is obliged, to sign acts of acceptance of completed work with the management organization on behalf of all owners of premises in the apartment building.
If the work was carried out properly, no reports of violations were drawn up and no complaints were received by the management company, but the chairman of the house council or a person authorized at the general meeting of owners does not want to sign the acceptance certificate, then it is considered signed unilaterally.
Any owner on behalf of all owners of premises in an apartment building cannot sign an acceptance certificate for work performed without a power of attorney or a decision from the OSS (Article 160, paragraph 1 of Article 182, Article 185 of the Civil Code of the Russian Federation).
Summarizing all of the above, we can draw the following conclusion:
- the acceptance certificate for the work performed must be signed by the management organization represented by the contractor and the chairman of the board of the MKD or by the owner authorized by the OSS in the person of the customer (Article 753 of the Civil Code of the Russian Federation);
- none of the owners of premises in an apartment building, without a power of attorney or a decision from the OSS, can sign acts of acceptance of work performed on behalf of all owners of premises in an apartment building;
- only the chairman of the MKD light or the owner authorized by the decision of the OSS from among the owners of the premises in the house can sign acts of acceptance of work performed;
- without choosing a chairman or an authorized person, the owners of premises in an apartment building deprive themselves of the right to sign an acceptance certificate for the work performed, but reserve the right to control the process of their implementation;
- in the absence of an act on violations identified during the execution of work and in the event of the refusal of the chairman of the house council or the owner authorized by the decision of the OSS to sign the acceptance certificate for the work performed, the document is considered signed unilaterally.
Selection and legal status of the MKD council
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