Rules and norms of those operation of the housing stock. Rules for the operation of the housing stock: we understand the intricacies of the issue. Time frame of the law: until what time you can make noise on weekdays and weekends

Our judicial system is designed in such a way that when making decisions, the courts must be guided not only by the norms of the current legislation, but also by “internal conviction”. And with the low legal technique of writing laws and by-laws of a regulatory nature (after all, a “cook” can also lead the country if she manages to become a deputy of our legislative body), gaps in the law in some situations, as well as legislative overregulation in other situations, when the norms of the law contradict each other, it is possible to use the “inner conviction” in radically opposite ways when resolving similar disputes.

Especially often the courts “sin” with this when making decisions on administrative cases on bringing to administrative responsibility, as well as on cases of challenging actions, decisions, non-normative acts and regulatory legal acts (hereinafter referred to as NLA) of state bodies and bodies local government.

For many judges, when making decisions on this category of cases, the following principle applies:

    A government agency, especially a control or supervisory one, is always right a priori;

    If the government agency is wrong, see point 1.

And the lawyers of the managing organizations should try very hard and be highly qualified in order for the above-mentioned categories of disputes to be resolved in favor of the person being checked and controlled. And with the general media hysteria about the “main thieves and criminals from the housing and communal services” - managing organizations, through the fault of which, according to journalists, officials and deputies of various levels, such a not too “rosy” situation has developed in this area, there are often chances to win management organizations have negligible. But, as they say: "You can't even see a log in your own eye ...". After all, judges are the same people who also watch and read the media.

When GosZhilNadzor (GZHN) authorities issue orders within the framework of licensing control or housing supervision, decisions on bringing to administrative responsibility for improper fulfillment of obligations under a management agreement, courts - decisions on cases challenging these orders and decisions, these executive and judicial authorities often justify their decisions by violating the Decree of the Gosstroy of September 27, 2003 No. 170 “On approval of the Rules and Norms for the technical operation of the housing stock” (hereinafter referred to as Rules 170).

And are they binding, if we consider this NLA from a formal point of view, based on the norms of legislation governing the procedure for the adoption of NLAs and the powers of the bodies that adopt them?

Law enforcers - courts and state bodies do not have such a question: Rules 170 are applied and considered binding as a federal regulatory legal act, and are used with might and main as a justification when making decisions, orders and decrees.

This is confirmed by the established law enforcement practice.

“By virtue of Part 2 of Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation, the implementation of entrepreneurial activity management apartment buildings in violation of license requirements.

Subparagraph "b" of paragraph 3 of the Regulation on licensing activities for the management of apartment buildings (approved by the Government Decree Russian Federation dated October 28, 2014 No. 1110) refers to licensing requirements the fulfillment of obligations under an apartment building management agreement provided for by Part 2 of Article 162 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), in accordance with which, under this agreement, one party (managing organization) on assignment the other party (owners of the premises, etc.) undertakes to perform work and (or) provide services for the management of an apartment building, provide services and perform work on the proper maintenance and repair of common property in such a house within an agreed period for a fee.

Thus, the licensing requirements, administrative liability for violation of which is established by Part 2 of Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation, is the provision of all services and (or) performance of work on the management of an apartment building, as well as the proper maintenance of common property in an apartment building by a managing organization, which also implies compliance with Regulation No. 170 ».

Also, the arguments on the mandatory application of Rules 170 are set out in the following judicial acts: Decree of the Armed Forces of the Russian Federation of September 21, 2015 No. 303-AD15-7710; Decree 8 AAC dated April 27, 2018 No. 08AP-1561/2018; Review judicial practice"Some Questions Arising in the Consideration of arbitration courts cases of administrative offenses provided for by Chapter 14 of the Code of Administrative Offenses of the Russian Federation” dated December 6, 2017.

The Ministry of Construction of Russia, however, is ambiguous in its letters, which clarify the norms of the law, but are not mandatory for application.

The letter of the Ministry of Construction dated May 24, 2016 No. 19304-OG / 04 “On clarification of legislation in the field of construction and housing and communal services” says :

« Decree of the Government of the Russian Federation of August 13, 2006 No. 491 approved the Rules for the maintenance of common property in an apartment building.

The minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, and the Rules for the provision of services and performance of work necessary to ensure the proper maintenance of common property in an apartment building, are established by Decree of the Government of the Russian Federation dated 03.04.2013 No. 290.

Also, the Decree of the Gosstroy of Russia dated September 27, 2003 No. 170 approved the Rules and Norms for Technical Operation housing stock. Appendix No. 7 to these Rules contains an approximate list of works related to current repairs. These Rules are applied to the extent that they do not contradict the current legislation, including the above regulatory legal acts.

Although sometimes the Ministry of Construction writes the opposite in individual responses to legal entities.

Theorists and law enforcers on the other side of the "barricades" - the defenders of the "managers", often express the opposite point of view on this issue, but so far none of them have been able to convince either the courts or the supervisory authorities of its correctness.

Although, there may be single court decisions that recognize the application of Rules 170 as incorrect (I personally don’t know about such). But it is unlikely that this opinion will be directly voiced in judicial act, after all, a small number of judges have the courage to go against the general opinion and established practice. Most often, the judge, even if he considers Rule 170 “defective”, will not write about it directly in the decision, but will apply other legal acts, of which there are a large number in the housing and communal services and it is always possible to “pull up” his arguments substantiating the rendered decision.

But at the level of the highest courts of the Russian Federation - the Supreme and Constitutional, conclusions about the optionality or incorrectness of the application of Rules 170, were not expressed, in my opinion, even once.

So let's start from the beginning...

The main law of our country is the Constitution of the Russian Federation. Article 10 of the Constitution provides for the division of state power into legislative, executive and judicial, which is exercised, respectively, by the Federation Council and The State Duma, the Government of the Russian Federation and the courts (Article 11).

Thus, on the basis of the main law of our country, the executive authority is the Government of the Russian Federation. The general powers of the Government are spelled out in Art. 114 of the Constitution. The activities of the Government are regulated by the Federal Constitutional Law No. 2 - FKZ of December 17, 1997 "On the Government of the Russian Federation" (hereinafter referred to as the Law on the Government).

Pursuant to section 23 of the Government Act normative acts are issued in the form of resolutions of the Government of the Russian Federation.

Acts on operational and other current issues that do not have a regulatory nature are issued in the form of orders of the Government of the Russian Federation.

The procedure for adopting acts of the Government of the Russian Federation is established by the Government of the Russian Federation in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory decrees of the President of the Russian Federation.

Decrees and orders of the Government of the Russian Federation are binding in the Russian Federation.

On the basis of article 12 of the law on the Government The Government of the Russian Federation distributes functions among federal executive bodies, approves regulations on federal ministries and other federal executive bodies, sets the maximum number of employees in their apparatuses and the amount of appropriations for the maintenance of these apparatuses within the funds provided for these purposes in the federal budget.

The state body that adopted the Rules 170 - Gosstroy of Russia (State Committee of the Russian Federation for Construction and Housing and Communal Complex), whose powers are established by the Regulation on the State Committee of the Russian Federation for Construction and Housing and Communal Complex (hereinafter referred to as the Regulation), approved by the Government Decree RF No. 1289 dated November 24, 1999 (lost force on February 1, 2005 - Decree of the Government of the Russian Federation No. 49).

Let us turn to the powers of the Gosstroy of the Russian Federation established by the Regulations at the time of the adoption of Rules 170 (the version of the Regulations that was in force from 26.08.2003 to 21.02.2005)

Paragraph 1 of the Regulations establishes that the Gosstroy of Russia is a federal executive body that carries out on a collegiate basis intersectoral coordination and functional regulation of activities in the field of architecture, construction, urban planning, housing policy, housing and communal services and its reform in cooperation with the executive authorities of the constituent entities of the Russian Federation.

Paragraph 2 of the Regulation it is stipulated that state unitary enterprises, institutions and organizations are under the jurisdiction of the Gosstroy of the Russian Federation. That is, from only the two specified paragraphs of the NLA, we can already conclude that the decisions and documents of this body are binding only unitary enterprises, institutions and organizations that are under its jurisdiction. And as an executive body, it only coordinates and regulates the activities of the listed industries in cooperation with the authorities of the constituent entities of the Russian Federation.

Paragraph 6 of the Regulations establishes the tasks of Gosstroy:

    implementation of intersectoral coordination and regulation;

    implementation control constitutional rights citizens in housing relations;

    coordination of the activities of the authorities of the subjects and local governments in reforming the housing and communal services, the transition of housing and communal services to self-sufficiency, demonopolization;

    participation together with the Ministry of Justice, the Ministry of State Property, the Land Committee in the creation of a system of state registration of rights to real estate, etc.;

    participation together with the Land Cadastre, Urban Cadastre, Market Committee land plots for the implementation of urban planning activities;

    participation in the development of state support measures in the field of construction, industry, etc.;

    participation in the development of targeted state programs to provide housing, etc.

That is, the tasks of Gosstroy have never been the development of regulatory legal acts in the field of housing and communal services, which are now being used by the courts and the GZHN with might and main to bring to administrative responsibility and issue orders, make decisions.

    submission to the government proposals for improving legislative acts;

    participation in the development of federal laws and other legal acts;

    providing methodological and methodological support to the executive authorities of the subjects and local governments on the implementation of the state housing policy, etc.;

    development of the foundations of the federal housing policy in the field of construction, urban planning, architecture, housing and communal services and monitors their implementation;

    participation in the development of social forecasts - economic development;

    providing regulatory and methodological support for state technical accounting of buildings and inventory of buildings;

    preparation of conclusions on draft legal acts of other federal authorities, including those in the housing and communal services sector;

    establishing the procedure for the development, registration, approval, enactment and revision of state urban planning norms and rules;

    project development federal standards in the area of ​​housing and utilities.

Of all the 59 functions of the Gosstroy, only the above-mentioned ones relate to its rule-making activities and none of them confirms the authority of the federal body to adopt and approve legal acts. All functions of Gosstroy are reduced to participation, preparation of projects, methodological support, assistance, control over execution, etc., which is what the executive body should be doing (unless these powers are directly transferred to it by law).

Not a single paragraph of the Regulations under consideration establishes the powers of Gosstroy to adopt regulatory legal acts binding on the entire territory of the Russian Federation by all citizens and legal entities. The entire range of normative and administrative activities of Gosstroy represented by its bodies, through the adoption of binding documents, applies to mandatory execution only by officials of Gosstroy and unitary enterprises, organizations and institutions that are directly under its jurisdiction and subordination.

Therefore, it is not clear on what basis the Rules 170 were adopted then by Gosstroy, which are now very widely used on the territory of our country as legal acts binding on everyone? From the Regulations discussed above, it follows that they are binding only for the listed organizations and enterprises that were directly under the jurisdiction of Gosstroy. Rules 170 were adopted exclusively for them, since Gosstroy did not have the authority to adopt regulatory legal acts binding on everyone on the territory of the Russian Federation.

In addition, as a result of repeated reorganizations, Gosstroy of the Russian Federation has now become federal agency for construction and housing and communal services, which is structural unit Ministry of Regional Development of the Russian Federation and carries out activities to implement public policy, to provide public services, for the management of state property in the field of construction, urban planning, industry building materials and housing and communal services.

We figured out the powers of the Government and Gosstroy, now let's turn directly to the text of the Rules 170 themselves ...

Let's start with the introductory part of Gosstroy Decree No. 170:

    Approve the attached Rules and norms for the operation of the housing stock.

    Do not apply on the territory the Order of the Ministry of Housing and Public Utilities of the RSFSR No. 8 dated 01/05/1989 "On approval of the Rules and norms for the operation of the housing stock" (hereinafter - Order 8).

Thus, Rules 170 were adopted to replace the canceled Order No. 8, which regulated the rules for maintaining the housing stock even during the existence of the USSR and at a time when the housing stock was mainly state or departmental, and the organizations that managed it were state or municipal enterprises. And Order 8 was adopted on the basis of the Housing Code of the RSFSR.

Clause 1.3. Order 8 installed it mandatory application employees of housing maintenance and repair construction organizations, tenants of residential premises, tenants of non-residential premises. Order 8 itself is required when servicing the housing stock, regardless of its departmental affiliation, that is, the state housing stock, since departmental by virtue of Art. 6 of the Housing Code of the RSFSR dated June 24, 1983, there could only be state-owned residential premises.

It turns out that Gosstroy, created after the collapse of the USSR, as a state executive body in the field of construction, architecture and housing and communal services, adopted Rules 170 within its powers for its mandatory implementation in the field of housing stock regulation during the transition period (instead of the canceled Order 8) for execution by state unitary enterprises, institutions and organizations of their jurisdiction, as well as state bodies of the subjects of the Federation and local governments, which is also within the competence of the State Construction Committee.

And our modern law enforcers decided to use it as a mandatory NLA throughout the country, without understanding whether it generally has the force of a regulatory legal act for universal mandatory execution. These subtleties, apparently, are not of interest to the courts and the GZhN when it is necessary to fill the budget with fines from "rich" managing organizations and their officials, and the supervisory authorities - to report on the "effective" work done to identify violations by these same governing organizations.

The preamble to Rules 170 states that they were developed in pursuance of Law No. 4218-1 dated December 24, 2012 “On the Fundamentals of the Federal Housing Policy”, by the way, which became invalid on March 01, 2005 due to the adoption of the current Housing Code of the Russian Federation. It is also stated in the preamble to Rule 170 that they determine the rules for the operation, overhaul and reconstruction of housing and communal services, ensuring the safety and maintenance of the housing stock, technical inventory m are mandatory executive authorities of the constituent entities of the Russian Federation, state control and supervision bodies, local self-government bodies.

Let us now turn to the current Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation).

According to Art. 12 the competence of public authorities includes, among other things, establishment of rules and norms for the technical operation of common property in an apartment building(Clause 1.1 of Part 1 of Article 12 was introduced by Federal Law No. 59-FZ of April 3, 2018), that is, there was no such norm in the LCD before.

Article 20 of the LC RF says that state housing supervision refers to the activities of the authorized executive bodies of the constituent entities of the Russian Federation, aimed at preventing, detecting and suppressing violations by the subjects of housing relations, including compliance rules for the maintenance of common property apartment building(MKD). In any right system, under the rules, a link opens to the Rules for the Maintenance of Common Property of the MKD No. 491 of August 13, 2006 (hereinafter referred to as Rules 491).

Article 39 of the Housing Code of the Russian Federation again refers us to Rules 491, saying that the rules for maintaining common property are established by the Government of the Russian Federation.

Article 161 of the LC RF general requirements MKD management activities include compliance with the rules for the provision of public services (approved by Decree of the Government of the Russian Federation No. 354 dated 06.05.2011) and compliance with the minimum list for the maintenance of MKD (approved by Decree of the Government of the Russian Federation No. 290 dated 03.04.2013), as well as legislation on fire safety, consumer protection, norms on technical regulation.

Article 198 of the LC RF provides that licensing requirements, in addition to those specified in this article, are other requirements established by the Government of the Russian Federation.

Not a single norm of the LCD contains a reference norm that would refer to Rules 170. In all the above norms of the LCD, we are talking about the rules and other norms of the law established by the Government of the Russian Federation, which corresponds to the current procedure for the adoption of legal acts.

There is one more federal law concerning the issue under consideration: No. 184-FZ of December 27, 2002 “On Technical Regulation” (hereinafter referred to as Law 184), which regulates relations on development, adoption, application and implementation of mandatory requirements for products, including buildings and structures (Article 1 of Law 184).

Paragraph 3 of Art. 4 of Law 184 establishes that federal authorities The executive branch has the right to issue only recommendatory acts in the field of technical regulation , except as provided by(defence) and 9.1 (procedure for the adoption of technical regulations).

And if you look at all the rules applied in the housing and communal services: Rules No. 354 of 05/06/2011, No. 491 of 08/13/2006, No. 306 of 05/23/2006, No. 416 of 05/15/2013, No. 124 dated February 14, 2012, the Minimum List of Works No. 290 dated April 3, 2006, adopted after the entry into force of the Housing Code of the Russian Federation, then they are all approved by the Decrees of the Government of the Russian Federation. The only exceptions are the widely used Rules 170, which, in fact, are an act of technical regulation regarding the maintenance of buildings - apartment buildings, approved by the state executive body - Gosstroy of the Russian Federation, and they were adopted in pursuance of the Law on Housing Policy - the predecessor of the Housing Code of the Russian Federation.

In April 2017, the Ministry of Construction of the Russian Federation developed and submitted for approval to the Ministry of Economic Development, the Ministry of Energy, the Federal Antimonopoly Service, the Ministry of Communications and Communications a draft amendment to the Decree of the Government of the Russian Federation in the field of housing and communal services. Among other things, it was planned to cancel Rules 170 before August 01, 2017. Instead, it was supposed to supplement current Rules the content of the MKD and the Minimum List of Works 290, as well as other Resolutions in the field of MKD management. However, the fate of this project of changes is unknown, although it is available on the official website of the Ministry of Construction of the Russian Federation.

Rule 170 is valid and binding, from the point of view of the courts and GZHN, and their failure to comply is even recognized as a violation of licensing requirements at all levels of the judicial system and even the RF Armed Forces. Here is such an atavism that we inherited from the post-Soviet times of the transition period.

Summarizing the above, the following conclusions can be drawn: not a single norm of the current legislation, whether it be the Constitution of the Russian Federation, the Law on the Government of the Russian Federation, housing code Russian Federation, Law 184, Regulations on Gosstroy, the norms of Rules 170 themselves, other regulatory legal acts of the Government of the Russian Federation discussed above in this article, do not allow us to state unequivocally that Rules 170 are a regulatory legal act that is binding on the entire territory of Russia by all citizens and legal entities .

It turns out that for execution by managing organizations and their use by supervisory authorities during inspections, they are mandatory only if they are indicated in management contracts.

The application of the Rules 170 by the courts and the GZHN when making decisions as a justification for the application of liability measures is also very controversial and ambiguous. After all, registration with the Ministry of Justice and official publication, as well as the absence of other duly approved similar legal acts, do not automatically make Rule 170 mandatory for execution.

But how to convey all these arguments to the “internal conviction” of judges in the processes is still unclear ... And it is unlikely to help when considering cases in courts, since the Supreme Court has repeatedly expressed the position that Rule 170 is a mandatory legal act and its application substantiated in the decisions of lower courts. Although there is a principle in the Code of Administrative Offenses of the Russian Federation, according to which “all irremovable doubts about the guilt of a person are interpreted in favor of this person”, but the courts, apparently, are not comfortable remembering him, because the budget ...

There is nothing to say about the GZHN and other administrative bodies: probably, not a single managing organization has ever had cases of termination of administrative cases by the supervisory body due to the lack of corpus delicti. This is generally from the realm of utopia.

Even if they are wrong a hundred times and admit it in a verbal conversation, the documented case will simply be “taken out of control” or “forgotten” (in best case). And decisions and actions are never recognized by them as illegal, so that, God forbid, they would not be accused of corruption, as if it does not exist in our government bodies. Maybe corruption does not exist everywhere, but the "telephone right" and "administrative resource" are actively used at all levels of government, and this has not been a secret for anyone for a long time.

It remains to be hoped that, perhaps, with the help of our Association of Managing Organizations "Burmistr" and members of the forum "Burmistra", it will be possible to help resolve this ambiguous situation with Rules 170, which will allow managing organizations not to receive fines for their non-compliance, since the mandatory application of these Rules is so doubtful ...

Sincerely, Ilmira Nosik.

2. Not to apply on the territory of the Russian Federation the order of the Ministry of Housing and Communal Services of the RSFSR of January 5, 1989 N 8 "On Approval of the Rules and Norms for the Technical Maintenance of the Housing Stock".

These Rules and norms for the technical operation of the housing stock are developed in accordance with the Law of the Russian Federation of December 24, 1992 N 4218-1 "On the Fundamentals of the Federal Housing Policy" (with amendments and additions) and clause 53 of the Regulation on State Committee of the Russian Federation on construction and housing and communal services, approved by the Government of the Russian Federation of November 24, 1999 N 1289, and determine the rules for the operation, overhaul and reconstruction of housing and communal services, ensuring the safety and maintenance of the housing stock, technical inventory and are mandatory for execution by the executive authorities of the constituent entities of the Russian Federation, state control and supervision bodies, local governments.

1.1. These Rules and norms for the technical operation of the housing stock determine the requirements and procedure for the maintenance and repair of the housing stock in order to:

Pursuing a unified technical policy in the housing sector, ensuring compliance with the requirements of current standards for the maintenance and repair of residential buildings, their structural elements and engineering systems, as well as adjacent territories;

Ensuring compliance with the established standards for maintenance and repair by the owners of the housing stock or authorized managers and organizations of various organizational and legal forms engaged in servicing the housing stock.

1.2. In accordance with the Law of the Russian Federation of December 24, 1992 N 4218-1 "On the Fundamentals of the Federal Housing Policy" (as amended):

Housing stock - the totality of all residential premises, regardless of the form of ownership, including residential buildings, specialized houses (dormitories, shelter hotels, houses of a mobile fund, residential premises from housing funds for temporary settlement of internally displaced persons and persons recognized as refugees, special homes for single elderly , boarding houses for the disabled, veterans, etc.), apartments, office living quarters, other living quarters in other buildings suitable for habitation.

1) a fund owned by citizens: individual residential buildings, privatized, built and acquired apartments and houses, apartments in houses of housing and housing construction cooperatives with a fully paid share contribution, in houses of partnerships individual owners apartments, apartments and houses acquired by citizens on other grounds provided for by law;

2) a fund owned by legal entities (created as private owners), built or acquired at their expense, including at the expense of housing, housing construction cooperatives with an unpaid share contribution.

1) a departmental fund, which is state-owned by the Russian Federation and is in full economic jurisdiction state enterprises or operational management public institutions relating to federal state property;

2) a fund owned by the constituent entities of the Russian Federation, as well as a departmental fund that is under the full economic jurisdiction of state enterprises or the operational management of state institutions belonging to the corresponding type of property;

A fund owned by a district, a city, their administrative-territorial entities, including in the cities of Moscow and St. Petersburg, as well as a departmental fund under full economic control municipal enterprises or operational management of municipal institutions.

1.3. Citizens, non-governmental, public organizations and other voluntary associations of tenants, tenants and owners of residential premises in houses of all forms of ownership have the right to participate in the management

One of the most discussed and controversial documents in the housing and communal sector is the Decree of the Gosstroy of the Russian Federation dated September 27, 2003 N 170 “On approval of the Rules and norms for the technical operation of the housing stock” or simply: Gosstroy Decree 170 with the latest changes(You can download the document at the end of the article )

The effect of this document is a serious difficulty in the work of management companies. So, for example, providers constantly refer to clause 5.6.24. Decrees 170 Gosstroy ( The housing maintenance organization is obliged to: ... provide unhindered access for employees of communications enterprises to roofs and attics ).

Does Decree 170 apply to the work of the managing organization in the maintenance of common property?

Indeed, in the context of the Housing Code of the Russian Federation, there are Rules for the maintenance of common property approved by the Government of the Russian Federation. Law of the Russian Federation of December 24, 1992 N 4218-1, referred to in this Decree of Gosstroy 170, became invalid due to the adoption of Federal Law of December 29, 2004 N 189-FZ, which put the Housing Code of the Russian Federation into effect on March 1, 2005. That is, the controversial Rules were developed on the basis of a law, which was then repealed by the law that enacted the Housing Code of the Russian Federation!

The introductory part of the Decree of Gosstroy 170 speaks of the advisory nature of this document. In accordance with the All-Russian Construction Catalog (SK-1), the Rules were assigned the number MDK 2-03.2003 (that is, methodological documents). Rules of the Gosstroy of the Russian Federation No. 170 are not a regulatory legal act.

How to apply it without taking into account the norms of the current housing legislation? For example, how to comply with the requirement that the window frames in the apartment be of the same color, if, according to PP 491, they no longer belong to the common property of the house.

There are also arguments from supporters of the opinion that Gosstroy Decree 170 should not be applied. However, not a single court, ranging from magistrates to higher instances, accepts these arguments and refuses to satisfy the plaintiffs' demands to cancel the decision to prosecute under Art. 7.22 of the Code of Administrative Offenses of the Russian Federation.

New jurisprudence

In step 29 « Review of jurisprudence Supreme Court Russian Federation N 3 (2017) approved by the Presidium of the Supreme Court of the Russian Federation 12.07.2017 courts, the lower courts were instructed that “The management company in the framework of entrepreneurial activities for the management of apartment buildings can be held administratively liable for Part 2 Art. 14.1.3 Code of Administrative Offenses of the Russian Federation, and not according to Art. 7.22 Code of Administrative Offenses of the Russian Federation. And local self-government bodies that carry out control measures, in the presence of an appropriate law of a constituent entity of the Russian Federation, can draw up protocols only on those administrative offenses that are expressly provided for. Part 7 Art. 28.3 Code of Administrative Offenses of the Russian Federation (including Part 1 Article 19.5 Code of Administrative Offenses of the Russian Federation).

“The company has been issued a license to carry out entrepreneurial activities in the management of apartment buildings. Therefore, the society that committed the violation Rules N 170 in the framework of entrepreneurial activities in the management of apartment buildings, could be held administratively liable only for Part 2 Art. 14.1.3 Code of Administrative Offenses of the Russian Federation, as being in this case special in relation to Art. 7.22 Code of Administrative Offenses of the Russian Federation. At the same time, according to Art. 7.22 Other entities responsible for the maintenance of residential buildings and (or) residential premises may be brought to administrative responsibility of the Code of Administrative Offenses of the Russian Federation.

Hence, " Gosstroy Decree 170 with the latest changes" lives and flourishes. For violation of the Rules specified in this non-normative act, liability is provided for both management companies (under Part 2 of Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation) and for HOAs/ZhSK (under Article 7.22 of the Code of Administrative Offenses of the Russian Federation).

Download documents:
  • Decree of the Gosstroy of the Russian Federation of September 27, 2003 N 170“On approval of the Rules and norms for the technical operation of the housing stock” (Registered in the Ministry of Justice of the Russian Federation on October 15, 2003 N 5176) as of as of March 01, 2019 .
  • On the issue of organizing and conducting reconstruction, repair and maintenance of residential buildings, also download Order of the State Committee for Architecture of November 23, 1988 N 312"On approval of departmental building standards of the State Committee for Architecture" Regulations on the organization and conduct of reconstruction, repair and maintenance of residential buildings, communal and socio-cultural facilities "

    (together with VSN 58-88 (r). Departmental building codes. Regulations on the organization and conduct of reconstruction, repair and maintenance of buildings, communal and socio-cultural facilities")
    The provisions of this document apply in part that does not contradict the Town Planning Code of the Russian Federation (letter of the Ministry of Construction of Russia dated December 10, 2018 N 49277-OD / 08).

The work of the managing organization is determined by a number of special regulations. One of them is the rules and norms for the technical operation of the housing stock established by Gosstroy. The article is devoted to how the Criminal Code applies the provisions of this document in practice. Separately, it is noted what to pay special attention to when applying the rules in the organization management activities. The last paragraph deals with changes existing norms affecting the work of management companies.

In 2018, the rules and norms for the technical operation of the housing stock, adopted 15 years ago, continue to apply in our country. The document establishing them is Gosstroy Resolution No. 170 of October 27, 2003. Its developers wanted to explain:

  • how to manage common house property;
  • how to maintain MKD and apartments;
  • How do public utilities operate?

Where and how the rules for the operation of the housing stock are applied

The scope of the rules and norms for the technical operation of the housing stock from Decree 170 is defined in their title. They apply to all buildings and objects that are recognized as housing. In addition to multi-apartment and private residential buildings, these include:

  • hostels;
  • hotels;
  • orphanages and institutions for permanent residence persons with various diseases;
  • service apartments;
  • housing for migrants;
  • other premises with the status of housing.

The operating rules apply to all categories of housing stock:

  • private, its owners - individuals and organizations;
  • state;
  • municipal;
  • public (if the object belongs to a public organization).

The first part of the rules is devoted to the obligations of citizens and organizations in the maintenance of residential buildings, including MKD. It also talks about the need to maintain and store technical documentation. Officials are required to know the rules in question and strictly follow them. In 2018, the rules and norms for the technical operation of the housing stock from the order of the State Construction Committee No. 170 regulate how:

  • residential facilities are operated;
  • serviced apartment buildings;
  • all types of repairs are carried out;
  • houses are being reconstructed;
  • objects of the country's housing stock are preserved;
  • kept at home in compliance with established standards, etc.

What are the goals of the rules and regulations of operation

The purpose of creating rules for the operation of the housing stock is to provide citizens with normal conditions residence. Manage community property and provide public utilities need with an emphasis on the comfort and safety of residents.

Next important point– reducing costs and extending the life of residential facilities. The main expenses of managing organizations are agreed with the apartment owners. The responsibilities of the management company include regular inspection of the condition of buildings, their Maintenance and repair. Many procedures are seasonal due to the climate.

Task service organization- to slow down the physical wear of MKD elements and extend its service life. To do this, preventive and repair work is carried out.

  • determine the operating conditions of the premises;
  • ensure the safety of the housing stock and common property;
  • execute necessary measures for overhaul;
  • determine the procedure for technical inventory;
  • track the implementation of other actions from the rules and regulations for the operation of housing.

Rules for the maintenance of housing stock

Home maintenance is an ongoing process. The managing organization draws up plans for its implementation for at least a year. Important milestone TO is the change of seasons. Special events are carried out in preparation for heating season and at the time of completion.

Depending on the possibilities management company maintenance of the housing stock is carried out:

  • on their own;
  • with the involvement of specialized organizations;
  • with the participation of tenants and landlords (if there are such premises in the building).

The rules and regulations for the technical operation of the housing stock define three areas of maintenance.

1. Direct maintenance and housing maintenance. This includes emergency and dispatch services. Its task is to maintain the proper condition of building elements and in-house engineering systems.

2. Regular checkups. When they are carried out, many deficiencies are prevented or detected at an early stage. During the inspection, the specialist will determine how to eliminate (prevent) the defect and control the necessary work.

3. Seasonal preparation. Conducted before the start winter period and after its completion.

Preparatory work for the winter period

in winter architectural elements MKD and its communications are experiencing additional stress. To reduce them negative impact held special training. We list the main procedures included in it.

1. Defects are eliminated load-bearing structures, roofs, facades, ceilings. The basement, window and door openings are inspected for deficiencies. The systems of heat, water, electricity and gas supply, sewage and chimneys are checked. If necessary, communications are restored.

2. On adjoining territory put in order. Its elements are preparing for snowfalls and removal Wastewater.

3. Waterproofing of the foundation, basement walls, plinths and attics is carried out. Staircases and lift cabins are inspected. The fire hydrant is checked for proper operation.

4. Current repairs are in progress, which cannot be postponed for the cold period. For example, this includes "wet" construction works outdoors and in unheated rooms.

Changes in 2018

The rules and norms for the technical operation of the housing stock from Decree No. 170 contain provisions that are important for the work of the Criminal Code. At the same time they wear advisory character, which regularly becomes the cause of disputes between managing organizations and the State Housing Inspectorate. GZhI requires compliance with the provisions of these rules. The UO under FZ-294 of December 26, 2008 has the right to challenge fines and orders based on such documents.

GZhI insists on the implementation of the rules and norms of the technical operation of the housing stock (download their full text in the application) because in others guidance documents there is a lack of specifics about the types of work. For example, it is not enough in the rules from the RF PP No. 491 of August 13, 2006. They have a list of works on the maintenance and repair of common house property. The types, frequency and seasonality of work are most fully disclosed precisely in Resolution No. 170.

In 2018, talks about the abolition of the rules and norms for the operation of the housing stock continued. However, the document remains valid and useful in the work of managing organizations.

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