Rules for the operation of housing stock. Norms and rules for the technical operation of the housing stock. The above persons must
emergency housing
Decree of the State Construction Committee No. 170 dated September 27, 2003, current version
- the main set of rules for the maintenance of an apartment building, which every owner should know.
This document is still an encyclopedia of the active owner to this day. Resolution No. 170 describes in detail each work on housing maintenance, their deadlines, responsible persons, and obligations of all participants. Here you can also find out about the time and frequency of repairs in the house, what includes current and major repairs, and in what cases you can insist on carrying out this type of work.
Decree No. 170 is becoming more and more popular among housing and communal services activists. It is referred to in numerous disputes, including litigation. This document regulates each action - periodic or one-time, in apartment building. The resolution of the Gosstroy will tell you what, how and when it should be carried out Management Company what to do if you notice a violation of all these rules.
The set of rules and norms for the operation of the housing stock contains the answers to all questions. For example, it describes in detail and clearly what the redevelopment of the premises is, what works are included here, what responsibility the tenants will incur if these changes are not registered. So, redevelopment is considered not only the demolition of walls, but also the installation of a jacuzzi or a powerful washing machine.
The work that should be carried out in the house is painted to the last letter:
- how many times a year inspections of the housing stock should be carried out, when and under what conditions they will be carried out out of turn;
- where to complain if the work is not completed or turned out to be of poor quality;
- where to apply and what documents should be collected if the house began to collapse;
- what specific work the management company is obliged to perform in the basement, attic, entrance, apartment;
- how often should cleaning be done common use inside the house and adjoining territory;
- contents of the façade various materials- wooden, brick, tiled, etc.
A separate item is the rules for the operation of management companies and emergency dispatch services. This decision will tell you when the application should be accepted, when it will be considered and executed, actions in emergency. This also includes seasonal work - what can be done at any time, and what - only in the warm or cold season.
If you don’t know how exactly the sanitary maintenance of the house should look like or you are thinking about landscaping the yard, then you should look at Gosstroy Decree No. 170.
With full version document can be viewed
Lawyers who advise users online and by phone are often asked the following question: “where can I find Decree 170 of the Government of the Russian Federation with the latest changes in 2018?”. In this case, most often another document is implied - Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170. No changes were made in 2018. This most important document for the housing and communal services sector has existed in its original version for 15 years and continues to be actively used, which is confirmed, among other things, by the judicial practice of the Supreme Court of the Russian Federation.
Let us tell you in more detail what the Decree of the Gosstroy of the Russian Federation No. 170 is, in what cases it is applied in practice in 2018.
Normative base
Full name of the document in question: Resolution of September 27, 2003 No. 170 “On approval of rules and regulations technical operation housing stock". It was accepted State Committee RF for construction and housing and communal services, registered by the Ministry of Justice 15.10. 2003 under No. 5176 and entered into force on 03.11.2003.
The standards have been assigned an internal number MDK 2-03.2003 in accordance with the All-Russian Construction Catalogue. The abbreviation MDK stands for methodological documents.
Despite the fact that information often appears on the Internet that Decree No. 170 of the Gosstroy of the Russian Federation of September 27, 2003 (with or without changes) was canceled, it is still valid today.
Gosstroy Resolution No. 170 has been repeatedly challenged. However Supreme Court refused to cancel the order. The decision of October 25, 2013 states that the norms of the document "do not contradict the current federal legislation."
There is an opinion that a normative legal act based on and referring to an invalid law cannot be applied. The text of the resolution refers to the Law of the Russian Federation No. 4218-1 of December 24, 1992 “On the Fundamentals of the Federal Housing Policy”, which has become invalid.
In addition, the adoption in December 2004 of a new Housing Code, led to the statement:
- Rules for the maintenance of common property (Government Decree No. 491 of 13.08.2006);
- The minimum list of services and works necessary to ensure the proper maintenance of common property in an MKD (approved by Government Decree No. 290 of 04/03/2013).
If you look at the current judicial practice For example, the acts of the Supreme Court:
- dated December 14, 2015 in case No. А50-24120/2014,
- dated June 7, 2018 in case No. А57-8937/2017,
- dated April 2, 2018 in case No. А64-7957/2017, etc.,
then it will become clear that the Gosstroy act is still being actively applied even by the highest judicial authority, not to mention the lower ones.
The resolution consists of 6 main sections and 11 annexes.
They are installed:
- requirements for the maintenance and repair of housing.
- rules for the operation, overhaul and reconstruction of housing and communal services, ensuring the safety and maintenance of the housing stock, technical inventory.
- owner's obligation to pay for housing, public utilities without breaking deadlines.
- a recommended list of works on the maintenance of residential buildings performed by a housing stock maintenance organization and an approximate list of works on current repairs.
- rules for preparing MKD for seasonal use.
- the procedure for maintaining premises, landscaping buildings and adjacent territories (including apartments, landings, attic and basements, technical rooms, etc.).
- terms of elimination of malfunctions at urgent repair.
Rules No. 170 regulate not only the status of authorized subjects for the content structural elements buildings and engineering equipment. A comprehensive procedure for the operation of MKD, including routine inspections, has been established.
The document is very detailed, it even contains the rule that “watering of sidewalks during the hot part of the day should be done as needed, but at least twice a day” (clause 3.6.11).
The Decree of the Gosstroy describes in detail what can and cannot be done when rebuilding and redevelopment of a dwelling (see picture below).
Application issues and jurisprudence
There are numerous problems and controversies associated with Resolution 170. In accordance with the instructions of FZ-184 of December 27, 2002 "On technical regulation", acts of executive authorities have a recommendatory value. A similar rule is contained in paragraph 2.3 of Art. 161 LCD. Resolution 170 was not approved by the Government, it was adopted by the State Committee. It turns out that the Gosstroy act is not binding, although the preamble to the text states that the norms "are binding on the executive authorities of the constituent entities of the Russian Federation, state control and supervision bodies, and local governments."
However, the controlling authorities continue to refer to Decree 170. The fact is that neither Rules 491 nor the Minimum List contain such details as the act of the State Construction Committee.
Note! The Ministry of Construction believes that the rules of 2003 should be applied only when they do not contradict current laws (letter No. 19304-OG / 04 of 05/24/2016).
In August 2017, the Ministry of Construction was preparing another project, which was supposed to cancel Act No. 170. But this did not happen.
I. Fundamentals
II. Organization Maintenance and current repair housing stock
2.1. System of technical inspection of residential buildings
2.2. Maintenance of residential buildings
2.3. Organization and planning of current repairs
2.4. Organization and planning overhaul
2.5. Organization of maintenance of residential buildings planned for major repairs
2.6. Preparing the housing stock for seasonal operation
2.7. Organization and functioning of the unified dispatch service (ODS), emergency repair service (ARS)
III. Maintenance of premises and adjacent territory
3.1. Rules for the maintenance of apartments
3.2. Content staircases
3.3. Maintenance of attics
3.4. Maintenance of cellars and technical undergrounds
3.5. External improvement of buildings and territories
3.6. Household cleaning. Organization of cleaning of the territory.
Summer cleaning
Table 3.1
Winter cleaning
Table 3.2
Features of winter cleaning in the cities of Northern climate zone
3.7. Sanitary cleaning, collection of garbage and secondary materials
3.8. landscaping
IV. Maintenance and repair building structures
4.1. Foundations and basement walls
4.2. Walls
4.2.1. Stone walls (brick, reinforced concrete)
4.2.2. Wooden walls
4.2.3. Facade finishing
4.2.4. Balconies, canopies, loggias and bay windows
4.3. Overlappings
4.4. floors
4.5. Partitions
4.6. Roofs
4.6.1. Maintenance requirements
4.6.2. Combined (non-attic) roofs
4.6.3. Attic roofs
4.6.4. Drainage devices
4.7. Windows, doors, skylights
4.8. stairs
4.9. Furnaces
4.10. Special Events
4.10.1. Monitoring the condition of metal embedded parts, protecting structures and pipelines from corrosion.
4.10.2. Protection of structures from moisture and control of sealing of interpanel joints in prefabricated buildings
4.10.3. Protection wooden structures from destruction by house fungi and wood-destroying insects
4.10.4. Noise reduction and soundproofing of rooms
Table 4.2
4.10.5. Thermal insulation of enclosing structures
V. Maintenance and repair of engineering equipment
5.1. Heat supply
5.2. Central heating
5.3. Hot water supply
5.4. Decentralized heat supply
5.5. Internal devices gas supply
5.6. Household electrical, radio and television equipment
5.7. Ventilation
5.8. Internal water supply and sewerage
5.9. Garbage chutes
5.10. elevators
VI. Features of maintenance and repair of residential buildings on various territories
6.1. Basic provisions
6.2. Areas of subsiding soils
6.3. Areas of saline soils
6.4. Areas of undermined territories
6.5. Seismic areas (6 points and above)
6.6. Permafrost regions
APPS:
Appendix No. 1. The frequency of scheduled and partial inspections of elements and premises of buildings
Appendix No. 2. Deadlines Troubleshooting when performing unscheduled (unforeseen) current repairs separate parts residential buildings and their equipment
Roof
Walls
Window and door fillings
Internal and exterior finish
floors
Furnaces
Sanitary equipment
electrical equipment
Elevator
Appendix No. 3
Journal of registration of the results of inspections of a residential building
The results of the inspection of building structures and engineering equipment of the building
Appendix No. 4. List of works on the maintenance of residential buildings
A. Work performed during the implementation technical inspections and bypasses of individual elements and premises of residential buildings
B. Works performed during the preparation of residential buildings for operation in the spring and summer
B. Work performed in the preparation of residential buildings for operation in autumn- winter period
D. Work performed during partial inspections
D. Other works
Appendix No. 5. Register of requests from the population for the prompt elimination of malfunctions and damage to engineering equipment in a residential building
Appendix No. 6. Enlarged standards for the duration of the current repair of residential buildings
Appendix No. 7. List of works related to the current repair
1. Foundations
2. Walls and facades
3. Overlays
4. Roofs
5. Window and door fillings
6. Interroom partitions
7. Stairs, balconies, porches (canopy umbrellas) above the entrances to the entrances, basements, above the balconies of the upper floors
8. Floors
9. Stoves and hearths
10. Interior decoration
11. Central heating
12. Water supply and sewerage, hot water supply
13. Power supply and electricity technical devices
14. Ventilation
15. Garbage chutes
16. Special general house technical devices
17. External landscaping
Appendix No. 8. An approximate list of works performed during the overhaul of the housing stock
Appendix No. 9. Passport of readiness of the house for operation in winter conditions
I. General information
II. The results of the operation of the facility in the winter conditions of the past 200_
III. Scope of work performed to prepare the facility for operation in winter conditions 200_
IV. The results of checking the readiness of the facility for the winter of 200_.
Appendix No. 10. Furnace malfunctions, causes and methods for their elimination
Appendix No. 11. Graph of qualitative regulation of water temperature in heating systems at various calculated and current outdoor temperatures (with calculated differences in water temperature in the heating system 95 - 70 and 105 - -70 degrees C)
[Comment below] I ask the moderator to place the full text of the letter of the Ministry of Regional Development of Russia and a similar comment in the first news, since an incorrect interpretation of the substantive law violates the interests of other owners of the premises (when the managing organization is obliged to perform work not provided for by the decision of the general meeting of owners of the premises, but at their expense such property owners).
I beg your pardon, but the preamble of Section I of these Rules and the norms for the technical operation of the housing stock clearly states that they are binding on authorities and administrations, but not on citizens and their associations (including partnerships and business companies - managing organizations or serving .. .). useful link http://www.urbaneconomics.ru/publications/?mat_id=461#_edn5. these arguments were subsequently stated by the Deputy Minister regional development Russian Federation in a letter dated October 14, 2008 N 26084-SK / 14 (Sergey Kruglik): quotes: b) in accordance with Articles 162 - 164 of the Code and Part 2 of Article 18 of Federal Law N 189-FZ, the scope of responsibility of managing and contracting organizations cannot be greater than the volume of obligations under the relevant agreement concluded by the owners of the premises with such organizations;
c) the legislation of the Russian Federation does not provide for the possibility of unilaterally establishing by the managing or contracting organization a list of services and works for the maintenance and repair of common property in an apartment building, the conditions for their provision and implementation, as well as the amount of their financing. These provisions must be indicated in the concluded contracts in accordance with part 3 of Article 162 and Article 164 of the Code. In accordance with clause 17 of the Maintenance Rules, the owners of the premises are required to approve at the general meeting the list of services and works, the conditions for their provision and implementation, as well as the amount of their financing. The services and works provided for by the Rules and Regulations for the technical operation of the housing stock, approved by the Gosstroy of Russia dated September 27, 2003 N 170, are mandatory for the managing or contracting organization ONLY IF THEY ARE INDICATED IN THE CONTRACT. In other cases, these rules in accordance with Part 3 of Article 4 of the Federal Law of December 27, 2002 N 184-FZ "On Technical Regulation" have a RECOMMENDATIONAL CHARACTER.
d) housing legislation DOES NOT PROVIDE THE OBLIGATIONS to perform services and work on the maintenance and repair of common property in an apartment building without a commensurate payment for such services and work (paragraphs 29 and 35 of the Maintenance Rules);
f) non-fulfillment by the managing or contracting organization of the list of services and works for the maintenance and repair of common property in an apartment building is a violation of the rules for maintaining common property in an apartment building and (or) residential premises, if the contract implies an obligation to perform such a service or work for the corresponding fee. This violation indicates the unlawfulness of actions or inaction and the presence of the objective side of the offense. The absence in the list of services and works contained in the contract of unfulfilled services and works indicates the absence of an obligation to perform unordered and unpaid services and works, which indicates the absence of an administrative offense in the actions of the managing or contracting organization, regardless of the presence in the contract of the obligation to perform other services and work;
According to paragraph 2 of Article 2.1 of the Code of Administrative Offenses entity is recognized guilty of committing an administrative offense if it is established that he had the opportunity to comply with the rules and norms, for the violation of which the Code or the laws of the constituent entity of the Russian Federation provides for administrative liability, but this person did not take all measures depending on him to comply with them . At the same time, it should be taken into account that the managing or contracting organization is not able to comply with the rules for violation of which Article 7.22 of the Code of Administrative Offenses provides for administrative liability, if the owners of the premises did not order services and work on a reimbursable basis necessary to maintain common property in an apartment building in accordance with legal requirements. If the managing organization proposed to the owners of the premises to amend the management contracts on the performance of work necessary for the proper maintenance of the common property, and the owners of the premises did not hold a general meeting or refused the proposed changes, then the managing organization SHALL NOT BE RESPONSIBLE FOR THE NON-PERFORMANCE OF THE RELATED WORK. I remind you that the Ministry of Regional Development of Russia is authorized by the Government of the Russian Federation to provide clarifications on issues of housing legislation (both based on the Regulations on the Ministry of Regional Development of Russia, and directly - paragraph 8 of the Decree of the Government of the Russian Federation of 08.13.2006 No. 491 and paragraph 3 of the Decree of the Government of the Russian Federation of 06.05 .2011 No. 354 and others).
The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.
The Housing Code of the Russian Federation imposes obligations for the maintenance of common property on the following persons 1:
1) in accordance with Article 30 of the LC RF - the owners of the residential premises are entrusted not only with the burden of maintaining this premises, but also, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building. The owner of a dwelling is obliged to maintain this premises in proper condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building;
2) in accordance with Article 43 of the Housing Code of the Russian Federation, the burden of maintaining the common property of the owners of rooms in such an apartment is also assigned to the owner of a room in a communal apartment, unless otherwise provided by federal law or an agreement;
3) on the basis of Article 65 of the Housing Code of the Russian Federation, the landlord of the residential premises under a social tenancy agreement is obliged, in particular, to take part in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located; carry out a major renovation of the premises.
The obligations of the tenant of a dwelling under a social tenancy agreement, as defined in Article 67 of the LC RF, relate to the use, preservation, maintenance of proper condition, and the production of current repairs directly to the dwelling that is provided to him for living. Obligations relating to the maintenance of common property by these persons are not provided for in the Housing Code of the Russian Federation.
The operation and repair of residential premises, which are part of all types of housing stock, are carried out with the obligatory observance of the uniform rules for the operation and repair of the housing stock.
The requirements and procedure for maintenance and repair of the housing stock are defined in the Rules and Norms for the technical operation of the housing stock, approved by the Decree of the Gosstroy of Russia dated September 27, 2003 N 170 (hereinafter referred to as the Rules and Norms for Technical Maintenance).
The goals of maintenance and operation are:
1) ensuring the safety of the housing stock of all forms of ownership;
2) implementation of 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;
3) 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.
Citizens, legal entities that are tenants, tenants and owners of residential premises in houses of all forms of ownership have the right to participate in the management of the housing stock at the place of residence in order to protect their economic and social rights and interests, to participate in the selection of operating and repair organizations.
These persons are required to:
1) use residential premises, as well as utility premises and equipment without infringement of housing, other rights and freedoms of other citizens;
2) take good care of the housing stock and land plots necessary for the use of the housing stock, as well as to use it without prejudice to other persons;
3) comply with the sanitary and hygienic, environmental, architectural and urban planning, fire and operational requirements provided for by law;
4) timely pay for housing, utilities.
Housing maintenance organizations (and in their absence - enterprises, institutions, organizations that operate residential buildings) ensure the safety of the housing stock and its proper use, a high level of service for citizens, and also monitor citizens' compliance with the rules for using residential premises, maintaining a residential building and adjoining territory.
The technical operation of the housing stock includes:
1) housing stock management:
a) organization of operation;
b) relationships with related organizations and suppliers;
c) all types of work with employers and tenants;
2) maintenance and repair of building structures and engineering systems of buildings provides (according to clause 1.8 of the Rules and norms for technical operation):
a) maintenance (maintenance), including dispatching and emergency, is a set of works to maintain the elements and in-house systems in good condition, the specified parameters and modes of operation of its structures, equipment and technical devices;
b) inspections - their purpose is to establish the possible causes of defects and develop measures to eliminate them. During inspections, control over the use and maintenance of the premises is also carried out;
c) preparation for seasonal operation - its purpose is to ensure the timing and quality of work on the maintenance (maintenance and repair) of the housing stock, ensuring the regulatory requirements for the residence of residents and the modes of operation of engineering equipment in the winter. When preparing the housing stock for operation in the winter period, it is necessary to:
eliminate faults in walls, facades, roofs, attic floors and above technical undergrounds (basements), driveways, window and door fillings, as well as heating stoves, chimneys, gas ducts, internal heat, water and electricity supply systems and installations with gas heaters;
bring the territory of households into a technically sound condition with the provision of unhindered removal of atmospheric and melt water from the blind area, from the descents (entrances) to the basement and their window pits;
ensure proper waterproofing of foundations, basement and basement walls and their interface with adjacent structures, staircases, basements and attics, elevator engine rooms, serviceability of fire hydrants;
d) current repair is the repair of occupied living rooms and auxiliary premises, it is expressed in the production, for example, of such works as: whitewashing of ceilings, painting walls or wallpapering, painting window sills, inserting glass, etc. Current repairs by tenants of residential premises under social tenancy agreements are carried out on the terms and in the manner determined by the agreement and the Housing Code of the Russian Federation.
It includes a set of construction and organizational and technical measures in order to eliminate malfunctions (restoring performance) of elements, equipment and engineering systems of the building to maintain operational performance. Maintenance works are divided into:
planned - these include periodic inspections and preventive repairs;
unforeseen - elimination of minor damage and malfunctions at the request of residents, elimination of the consequences of accidents and natural disasters, extraordinary inspections after natural Disasters and accidents.
The current repair of a residential building is subject to acceptance by a commission consisting of representatives of the owners of the housing stock and the housing stock maintenance organization;
e) overhaul is expressed in the restoration during the service life of residential buildings of individual worn-out structures and equipment of the house. As a result of a major overhaul, the physical wear and tear of structures and engineering equipment of a residential building is eliminated or reduced. A residential building as a whole or only its individual elements can be subjected to a major overhaul: entrances, floors, etc. During its implementation, it is necessary to carry out a comprehensive elimination of malfunctions of all worn-out elements of the building and equipment, change, restore or replace them with more durable and economical ones, improve the performance of the housing stock, implement a technically feasible and economically feasible modernization of residential buildings with the installation of heat, water, gas, electricity and ensuring rational energy consumption. Over the next 10 years, major repairs in houses subject to demolition, the restoration and improvement of which are inexpedient, may be carried out as an exception only to the extent that ensures safe and sanitary living conditions in them for the remaining period. Since, according to the Housing Code of the Russian Federation, a major overhaul is the responsibility of the landlord of the residential premises under a social tenancy agreement, then, according to Article 88 of the Housing Code of the Russian Federation, when a major overhaul or reconstruction of a house is carried out, if such repairs or reconstruction cannot be carried out without evicting the tenant, it is the landlord who is obliged to provide to the tenant and members of his family for the period of overhaul or reconstruction of other residential premises without terminating the contract of social rental of residential premises located in the specified house. For the period of a major overhaul or reconstruction under a lease agreement, residential premises of a maneuverable fund are provided. If the tenant and members of his family refuse to move to this dwelling, the landlord may demand relocation in court. The relocation of the tenant and members of his family to the residential premises of the mobile fund and back is carried out at the expense of the landlord.
In general, the system of maintenance (maintenance and current repair) of the housing stock ensures the normal functioning of buildings and engineering systems during the established service life of the building with the use of material and financial resources in the required volumes. Maintenance of the housing stock includes work to monitor its condition, maintain it in good condition, workability, adjust and regulate engineering systems, etc.;
3) sanitary content:
a) cleaning of common areas (maintenance of staircases, attics, basements and technical undergrounds);
b) cleaning of places adjacent to the house territory (platforms, gardens, yards, roads, sidewalks, yard and intra-quarter passages of territories) should be carried out by housing maintenance organizations; sidewalks are allowed to be cleaned by specialized services;
c) maintenance of green spaces, landscaping - it is carried out after cleaning the territory from the remnants of building materials, debris, laying underground utilities and structures, laying roads, driveways, sidewalks, arranging platforms and fences.
Owners of green areas are obliged to 1:
a) to ensure the safety of plantings;
b) c summer time and in dry weather, water lawns, flower beds, trees and shrubs;
c) prevent trampling lawns and storing building materials, sand, debris, snow, ice chips, etc. on them;
d) new planting of trees and shrubs, redevelopment with a change in the network of paths and placement of equipment should be carried out only according to projects agreed in the prescribed manner, with strict observance of agrotechnical conditions;
e) in all cases, felling and replanting of trees and shrubs, carried out in the process of maintenance and repair, shall be carried out in accordance with the existing requirements of these rules and technological regulations;
f) if there are reservoirs in green areas, keep them clean and carry out their major cleaning at least once every 10 years.
Citizens are obliged to take care of landscaping and green spaces, to comply with the rules for maintaining the adjacent territory, and to prevent its pollution.
It is forbidden to wash cars and other vehicles in the adjacent territory, drain gasoline and oils, adjust signals, brakes and engines 1 .
Thus, the operation, management, maintenance of residential buildings is a complex of interrelated organizational and technical measures aimed at ensuring the safety of real estate objects, preserving their functional purpose. This system should be aimed at preventing premature wear and ensuring reliable operation.