Register of owners of premises in an apartment building

On the eve of the New Year holidays, Federal Law No. 485-FZ dated December 31, 2017 was adopted. The document introduced changes to the Housing Code of the Russian Federation. One of the innovations was the obligation of the management organization to maintain a register of owners of premises in apartment buildings.

We will tell you how to work with the register, what information needs to be reflected in it, and in what cases the register needs to be provided to the owners.

Consent of owners to the processing of personal data
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What is the register of owners of premises in MKD

The register of owners is a database in which the management organization keeps records of the owners of residential and non-residential premises in apartment buildings. Information can be stored on paper and in electronic form. We recommend using both methods in order to be able to restore information about the owners of premises at any time and continue activities related to maintaining the register.

Federal Law No. 485-FZ dated December 31, 2017 obligated management organizations to maintain a register of owners of premises in apartment buildings. In Art. 45 of the RF Housing Code added part 3, which established requirements for the content of the register. It must contain information that allows identifying the owners of premises in the apartment building:

• Last name, first name, patronymic, if the owner is an individual, for a legal entity - full name and state registration number;
• Room number in the apartment building;
• Information on the size of their shares in the right of common ownership of the common property of the owners of premises in the apartment building.

In order for the register to be complete, it includes details of the document confirming ownership of the specified premises. This will help save time when holding general meetings of owners - the data will be included in the register in advance.

register of owners of premises in an apartment building.

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Management of an apartment building (hereinafter - MKD) involves the implementation of established standards, in particular, maintaining a register of owners of premises in the MKD in accordance with part 3.1 of Article 45 of the Housing Code of the Russian Federation (hereinafter - the Housing Code of the Russian Federation).

This norm imposes on the management organization (hereinafter - MA), HOA, housing cooperative the obligation to maintain a register of owners of premises in the apartment building and provide it to the initiator of the general meeting of owners within five days from the receipt of a request for the provision of the register. At the same time, the consent of the owners of the premises to the transfer of personal data

contained in the register,
when providing this register for the purpose of convening and organizing a general meeting of owners of premises in an apartment building is not required
.

For failure to comply with the above requirements of Part 2 of Art. 14.1.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability with a maximum fine for a legal entity of 300,000.00 rubles.

On the one hand, the refusal of the MA to provide a register in a situation where the MA has doubts about the status of the person who has made a request to provide a register of owners and the goals pursued by it seems quite understandable and justified. After all, for disclosing personal data without the consent of the subject in cases not listed in the law, you can receive another fine.

On the other hand, the owners of premises are in no hurry to provide the MA with information on registered rights to the premises they own in a timely manner; the only way for the formal delivery of the register to the initiator by the MA is to request such information from Rosreestr. However, this service is not free and it may take a significant amount of time for Rosreestr to provide data on registered rights to real estate.

But few people care about these circumstances...

Having read the Housing Code of the Russian Federation as a reference book before going to bed, the initiative initiators go straight to the State Housing Property Inspectorate in the morning, without waiting for the register of owners to be provided within the 5-day period established by law.

Since part 3.1. Art. 45 of the Housing Code of the Russian Federation was introduced relatively recently - from January 11, 2018. Judicial practice on this issue is just beginning to take shape.

By the resolution of the Arbitration Court of the West Siberian District dated March 19, 2019. No. F04-386/2019, the UO’s demands to declare the State Housing Inspectorate’s order illegal were rejected.

The plot of the case is as follows: the owner, on whose initiative the OSS is being convened, contacted the MA with a request to provide a register of owners of the premises. The MA did not send a register in response to the request, inviting the applicant to provide information and documents confirming the intention to conduct an OSS.

Disagreeing with this response from the management authority, the owner filed a complaint with the State Housing Property Inspectorate. During the inspection carried out by the Civil Housing Inspectorate, it was established that the MA did not fulfill the obligation provided for in Part 3.1. Art. 45 of the Housing Code of the Russian Federation, regarding the provision of a register of owners of premises, an order was issued against the MA.

The courts of the first and appellate instances, recognizing the contested order of the State Property Committee as illegal, proceeded from the fact that in the case under consideration, in order to convene a meeting, a register of owners of premises in the apartment building was not required, since the decision of the OSS determined the method of notifying the holding of subsequent general meetings by posting a notice on information stands at the entrance of the house.

However, the cassation court stated that the courts did not take into account the following:

“From the literal interpretation of this norm, it follows that the application for the provision of a register of owners of premises in the apartment building must indicate the purpose of its receipt - to convene and hold a general meeting, while the need to provide any documents confirming the owner’s intention to initiate a general meeting, not provided.

In addition, contrary to the position of the courts, the provision of a register of premises owners is required not only for convening a general meeting of premises owners in an apartment building.

According to subparagraph “a” of paragraph 19 of the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings, approved by order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated December 25, 2015 No. 937/pr (hereinafter referred to as Requirements No. 937/pr), the register of owners premises in an apartment building, containing information about all owners of premises in an apartment building, indicating the last name, first name, patronymic (if any) of the owners - individuals, the full name and OGRN of legal entities, numbers of premises owned by them, and details of documents confirming ownership rights to premises, the number of votes owned by each owner of the premises in an apartment building, is a mandatory appendix to the minutes of the general meeting.

Without the information specified in this register, it is impossible to calculate the number of votes to determine the quorum required to hold a meeting and make decisions, or to formalize the voting results (Part 1 of Article 46, Parts 1, 3, 5.1 of Article 48 of the Housing Code of the Russian Federation, paragraph 11 of the Requirements).

Taking into account that the refusal of Kvartal-Service LLC to provide Ilchenko N.V. the register of owners of premises in apartment buildings contradicts part 3.1 of Article 45 of the Housing Code of the Russian Federation and prevents it from holding a general meeting of owners of apartment buildings, the conclusion of the courts that the inspection does not have legal grounds for issuing the contested order cannot be considered justified.”

Other courts have concluded that the norms of the Housing Code of the Russian Federation do not provide for any restrictions for owners of premises in relation to applications to the building manager with a request for a register of owners for the purpose of holding and convening a general meeting. Consequently, in the application it is enough for the owner to indicate that he is requesting a register for the purpose of convening and organizing a meeting, since the integrity of the participants in civil legal relations and the reasonableness of their actions are assumed

by virtue of clause 5 of Art. 10 of the Civil Code of the Russian Federation (Appeal ruling of the Moscow City Court dated January 24, 2019 in case No. 33-3012/2019, Appeal ruling of the Omsk Regional Court dated September 20, 2018 in case No. 33-5731/2018).

Since failure to provide the register of owners to the initiator of the OSS falls under the violation of licensing requirements, and also taking into account the above judicial practice, it is advisable not to delay the issuance of the register to the initiator in order to convene and organize the OSS.

continues to accept applications for the 5th anniversary Meeting on the management of small apartment buildings. All necessary information and application are here

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How to add and remove the owner of a premises from the register

The register of owners must be kept up to date. To do this, the director of the management organization, the chairman of the HOA, housing cooperative or other housing cooperative can appoint a responsible employee who will make entries in the register on the basis of a certificate of ownership or other title documents - deed of gift, inheritance, resolution of local government bodies.

The owner of the premises, within ten days from the date of occurrence of the basis for inclusion in the register, provides the management organization with the documents necessary for making an entry in the register.

Based on the information received from the owner of the premises, data is entered into the register indicating the details of the documents provided. Within five working days, the management organization sends the owner a notification about his inclusion in the register.

You can exclude an owner from the register if:

• alienation of residential premises by the owner;
• death of the owner or his recognition as missing;
• liquidation of a legal entity;
• other circumstances, which may include seizure of the premises for government needs or destruction of the premises.

An entry on the exclusion of the owner is entered into the register of owners of premises in the apartment building within ten days from the date of submission of documents confirming the emergence of grounds for exclusion of the owner from the register.

The period for making an entry about the inclusion or exclusion of the owner from the register should not be more than one month from the date the corresponding basis arose.

Representing the interests of owners before third parties and in court
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How the registry is presented

A request for a registry may be submitted to private organizations. Depending on the selected company, the format for providing the report changes. Most often, it is presented in electronic form.

Register of owners of apartment buildings - a sample looks like this:

What the act looks like is not established at the legislative level; only content requirements are provided.

Sample application to the management company for provision of a register of owners

Inspection report of the common property, apartment building at the address, 6) Report on fire safety measures taken in accordance with the legislation of the Russian Federation on fire safety, 7) Personal account of the apartment building, Personal account of apartment No., 9) Copy of the minutes of the general meeting of residents of the apartment building on choosing a method of managing this house, 10) Report on the work performed aimed at ensuring the temperature and humidity established by the legislation of the Russian Federation in the common areas of the apartment building in accordance with the RULES AND STANDARDS OF TECHNICAL OPERATION OF THE HOUSING STOCK dated September 27, 2003 N 170, 11) a copy of the agreement between LLC Management Company "Kvartal" and organizations servicing locking devices, 13) copies of contracts for the installation of antennas and Internet providers located on the roof of the house and submit a report on the income received from their location. To submit a request to the authority you will need the following documents:

• passport;
• written statement
• if a document is requested by a legal entity, then you must have a OGRN and a notarized power of attorney if the legal entity is represented by its representative.

At the moment, in order to receive an extract from the Unified State Register of Rights (USRE), you need to pay a fee equal to 200 rubles for one apartment, i.e. if there are 100 apartments, then 100*200 we get 20,000 rubles. The Fed must provide you with the requested information within 5 business days. There is also a free way to obtain the register; for this, residents of the building who are members of the initiative group need to go door-to-door to all the residents and make a list of the owners of the premises in the house, but before that, download and print the register form provided below.

• collect, process and store information about residents of the apartment complex;
• register citizens or deregister them
• issue certificates and extracts to residents.

Such duties are performed by the passport officer of the management organization.

Registry application process

A citizen has the right to submit an application for a register of owners of apartment buildings using the online mode or personal application to the selected organization. It is possible to submit an application on the official website of the organization. In this case, payment for the provided service is also made online.

To deposit funds, bank cards, electronic wallets, for example, Yandex can be used. Money, Qiwi. The law does not provide for a single application form.

A sample application for the provision of a register of owners of apartment buildings reflects the following information:

• name of the company where the act is sent;
• data of the citizen who applies for the register;
• house address;
• information about the availability of ownership rights to the premises in the apartment building;
• date and signature.

After receiving the application, a company employee checks how many premises are registered for a particular house. The completed act is sent to the applicant by email. The response contains a document in Excel format.

Attached to it is an extract made from the Unified State Register for each premises. Each statement is stamped in electronic format.