Questions for certification of the director of a management company. What is testing for the HOA qualification exam and what documents are needed to pass it? Can a qualification certificate be revoked?

Today, the procedure for obtaining a housing and communal services license is strictly regulated by law, and there are also many reference information, which tells how you can obtain a housing and communal services license using the websites of the State Housing Inspections of the subjects. However, there are still many nuances that are simply not known to many ordinary citizens who use housing and communal services.

In general, the main feature of obtaining a housing and communal services license is obtaining a qualification certificate. The head of housing and communal services can receive it only if he passes a qualification exam.

Why do you need to take the housing and communal services qualification exam?

After carrying out certain reforms in the housing and communal services sector, all heads of such organizations bear personal responsibility. In order to confirm your competence and suitability for the position held, as well as show high quality housing and communal services, each manager must have a special qualification certificate, which is issued free of charge. However, in order to become its owner, the manager must first pass qualifying exam Housing and communal services.

The certificate is a green form the size of a regular A4 landscape sheet. However, this sheet is not quite ordinary, since it is a security that belongs to documents that have protection against printing counterfeiting at level “B”. In addition, the certificate is always certified by the signature and seal of the relevant authority (State Housing Supervision Russian Federation).

The housing and communal services qualification certificate contains information about the subject of the Russian Federation in which the examination commission was organized (name of the subject), the necessary data of the housing and communal services specialist who passed the exam, as well as information about the protocol of the exam results (number and date of its preparation).

Validity certificate - five years. Then you need to take the exam again to receive a new document.

It is important to understand that obtaining such a certificate will be useful not only for the head of housing and communal services, but also for the deputy. In this case, your organization will fully comply with all legal requirements, and this will also protect you, because the housing and communal services will be able to function even after the removal of the first person from office (a deputy will automatically take his place).

Where can I take the housing and communal services qualification exam?

According to the Housing Code of the Russian Federation (Part 2, Article 202), in order to receive the appropriate certificate, the head of the housing and communal services must pass a special qualification exam. All legal aspects of this procedure and its essence (the procedure for conducting the exam, questions, the procedure for determining results, and so on) are regulated by the federal executive body authorized by the Government of the Russian Federation.

In the constituent entities of the Russian Federation, special licensing commissions are created, which are designed to ensure at the proper level the activities of state housing supervision bodies in licensing the management of apartment buildings in the constituent entities of the Russian Federation (clause 2 of the Procedure for conducting a qualification exam, the procedure for determining the results of the qualification exam for housing and communal services, approved by order of the Ministry of Construction of Russia from 05.12.2014 No. 789/pr). It is these commissions that conduct the qualification exam for housing and communal services.

You need to know that the legislation of our country does not provide for the possibility of passing such a housing and communal services exam in any commercial organizations (on a paid basis).

How is the housing and communal services qualification exam organized?

As mentioned above, the housing and communal services examination is carried out by a special licensing commission, whose tasks include supervision of the housing and communal services of apartment buildings. The housing and communal services qualification exam is carried out in order to check how well applicants know the basic requirements of the legislation of the Russian Federation, which regulate the management of apartment buildings.

Questions for passing the housing and communal services qualification exam are approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation. In total, the housing and communal services qualification exam consists of 200 questions, each of which has several answer options and only one is correct.

The tasks of the licensing commission when conducting the housing and communal services qualification exam include:

  • registration of applicants for the housing and communal services exam;
  • provision of specially equipped premises where the housing and communal services qualification exam will be held (including the provision of technical means for conducting the exam);
  • admission of applicants to pass the housing and communal services qualification exam;
  • monitoring compliance with the procedure for conducting the housing and communal services qualification exam;
  • ensuring the determination of exam results;
  • ensuring the safety of information and documentation involved in the examination procedure (including the results themselves);
  • sending the protocol, which records the results of the housing and communal services qualification exam, to the state housing supervision body of the constituent entity of the Russian Federation for issuing a qualification certificate and entering information into the register of qualification certificates.

In order to register for the housing and communal services qualification exam, you need to send a special application for admission to the commission, where you must indicate:

  • Full name (if available).
  • Passport details (in some cases, another identification document is allowed).
  • Email address (for further notification of your registration).

In addition, this statement must contain consent to data processing (both automated and non-automated).

You can submit an application at the location of the licensing commission, or you can send it in the form electronic document(by mail). However, if you want to apply for the housing and communal services qualification exam using information and communication technologies, then remember that this document must be certified in accordance with the procedure established by the legislation of the Russian Federation, which regulates the procedure for electronic document management.

Only those applicants whose details are not contained in the register of disqualified persons may be allowed to take the exam. A check for the availability of data about the applicant in such a register is carried out by the state housing supervision body at the request of the licensing commission. To receive data, the commission must send a request after receiving the applicant’s application (no later than three working days from the date of receipt of the application). The response from the state housing supervision authority must arrive no later than ten working days from the date of the request from the licensing commission.

If information about the applicant is not in the register of persons subject to disqualification, then the commission sends a response in the form of a letter with acknowledgment of delivery (via Russian post) or in the form of an electronic document, which is certified by the signature of an authorized person of the relevant body. The notice of admission to the housing and communal services qualification examination shall indicate the date, time and place of the examination. Such notice must be sent no later than five working days before the examination date.

Those applicants who are classified as disqualified persons are also sent a notice of refusal of admission to take the housing and communal services qualification exam (within 15 days from the date of receipt of the application from the applicant). Such notification is also delivered either by Russian Post with a delivery stamp, or by in electronic format with an electronic signature.

What are the requirements for an applicant who takes the qualification exam for licensing housing and communal services management companies?

In order to fully understand the requirements that apply to applicants, it is necessary to thoroughly analyze the legislation.

According to the Housing Code of the Russian Federation (Article 193, paragraph 1), the applicant should not have an unexpunged (including unexpunged) conviction for any economic crimes, as well as for crimes of medium gravity or especially serious ones.

According to paragraph 7 of the “Procedure for Conducting the Qualification Exam,” approved by Order of the Ministry of Construction of Russia dated October 28, 2014 N659/pr, an applicant who belongs to the list of disqualified persons and about whom information is contained in the relevant register cannot be allowed to take the exam.

In principle, these are all the rules in order to become a candidate for the housing and communal services qualification exam and receive the appropriate certificate. There are no additional requirements, such as education or qualifications. Thus, licensing commissions will not even check any educational documents, nor will they ask you to provide information about your qualifications.

However, many who want to pass the housing and communal services qualification exam are wondering whether any preliminary training is needed? It’s difficult to answer definitively. The fact is that, despite the absence of requirements from the commission for your education, General requirements to the level of passing the exam are quite high. Therefore, if you are not sure of your level of preparation, it is better to study Additional materials on the topic of the upcoming exam.

If you are completely confident in the degree of your readiness to pass the exam, as well as in your ability to withstand moral stress and quickly make the right decisions, then you can afford to do without additional preparation.

However, if you have any doubts about passing, it is better to undergo special additional training that covers the exam tests. It is important to understand that these courses do not exist to obtain any paper (certificate, ID, etc.), but to consolidate knowledge and gain further confidence in successfully passing the main exam.

Passing the housing and communal services qualification exam in 5 stages

Stage 1. Registration of the applicant

The first step to take the exam is registration. To do this, you must arrive on the specified date at a certain time (this information is displayed in the notification of admission to delivery). It is important to remember that having a passport (another identification document) is a prerequisite for registration. Otherwise, you will be marked as a no-show.

The registration procedure is carried out by the secretary of the commission by making an appropriate mark on the registration sheet in the form of an individual identification number, which is assigned to each applicant. A person who came to the housing and communal services qualification exam must confirm the fact of familiarization with the personal identification number by leaving a signature opposite his name on the summary registration sheet for all applicants.

The registration procedure is mandatory before the start of the exam itself. If for some reason a person does not register, the secretary also marks the absence.

In this case, none of the members of the licensing commission, except the secretary, has the right to be present at the registration.

The registration list of applicants with all the data reflected in it is sealed in an envelope, which the secretary keeps with him until the end of the procedure for recording the exam results.

Stage 2. Conducting briefing

The housing and communal services qualification exam is a computer-based test.

Testing is carried out in a special room where only the examinees themselves, members of the commission, as well as persons who ensure the correct testing procedure from an organizational and technical point of view can be present.

Immediately before testing, the secretary must instruct all examinees about the procedure for conducting the exam and tell how computer testing will be carried out.

Exam

For the housing and communal services test, to pass the qualifying exam, each test participant receives an individual version of the test, which is automatically generated by random sampling from the general list of qualifying questions. Each test version includes 100 questions.

In order to access the test, the applicant must enter the identification number that was assigned to him at the registration stage.

No more than two hours are given to solve the test task from the moment you receive an individual set of questions. If the examinee does not meet the allotted time, then access to the questions is automatically closed. If, on the contrary, the applicant completed the tasks earlier, then access will also be closed automatically after answering the last question of the individual test.

It is important to know that viewing answers to previous testing questions, as well as correcting a previously given answer, are not allowed. The examinee must answer all questions sequentially, gaining access to the next test task only after solving the previous one.

The housing and communal services qualification exam is testing, which, as mentioned above, takes place in special rooms where there are computer equipment that allows you to solve individual test tasks in real time. Each examinee must have his own desk. The possibility of examinees communicating with each other should be completely excluded.

In the process of solving tasks of the housing and communal services qualification exam, applicants are prohibited from:

  • use for solution test tasks legislative and other regulatory legal acts of the Russian Federation, reference, technical and other materials, as well as any means of communication;
  • communication with other examinees, transferring to them any notes and materials;
  • leaving the room independently during testing.

In case of violation of the above requirements, the examinee is removed from the premises and a mark indicating failure to pass the test is recorded in the protocol.

If for some reason a computer failure occurs during the exam (including a power outage) or some other circumstances arise (for example, a fire), then the main task of the licensing commission is to eliminate the reason that prevents the completion of the test.

If it is still impossible to complete the housing and communal services qualification exam, then a different date and time are assigned. In this case, all test questions that the examinee managed to answer before the occurrence of interfering circumstances should be taken into account.

Stage 3. Summing up

The test is assessed according to a point system: in case of a correct answer, the applicant is given 2 points, in case of an incorrect answer (or in the absence of one) - 0 points.

It is important to know that if the examinee receives less than 86% of the maximum possible number of points for his answers to individual questions, then the exam is considered failed. In this case, a mark is recorded in the protocol where the applicant is listed as a person who did not pass the housing and communal services qualification exam.

In this case, the recording of the examination procedure occurs automatically, that is, the protocol is compiled by a computer, and after the end of the testing stage it is signed by authorized persons who were determined by the licensing commission.

Thus, the protocol is drawn up on the basis of the results of computer testing, where opposite the full name of each applicant is indicated the mark of passing or failing the housing and communal services qualification exam.

The protocol must be drawn up and signed by authorized persons no later than three working days from the date of testing to pass the exam. Then, no later than one business day after signing, this document is sent to the state housing supervision authority.

Stage 4. Announcement of results

The final results of the housing and communal services qualification exam are announced by the licensing commission no later than five working days from the date of testing. In this case, the date of announcement of the test results (that is, notification of passing or failing the housing and communal services qualification exam) is the day on which the applicant was notified of the results. It is sent via Russian Post (delivery with acknowledgment of delivery) or in the form of an electronic document (by e-mail, indicated by the applicant at the time of registration), which is certified by an electronic signature. The notification must include the total number of points that the applicant was able to score in the housing and communal services qualification exam.

If the examinee fails to score the required number of points to pass the test, then the exam is considered failed and will have to be taken again. However, there is one important good news - this exam is free, so you can come and take it an infinite number of times.

Do you need preparation for the housing and communal services qualification exam?

Not everyone can pass the housing and communal services qualification exam for licensing management companies in the housing and communal services sector. According to statistics, which demonstrate rather disappointing results, in the first wave of examinees, which included 14,000 housing and communal services employees throughout the country, 3,000 specialists did not pass the exam. This is enough a large number of applicants who failed to pass the tests, especially considering the fact that all test questions are freely available on the Internet. That is, if desired, each person can independently test themselves and improve their knowledge before the real exam.

Therefore, before directly taking the test, it is recommended to download the housing and communal services qualification exam or practice online in completing tasks that may be encountered in a real test. Nowadays there are special services on the Internet with which you can practice answering questions for the exam.

Based on the amount of time and complexity of the questions, it is unlikely that you will be able to pass the exam without prior preparation.

This is a document confirming the qualifications of an official of a license applicant.

  • Who needs it?

    The management organization must have an employee who has a qualification certificate. The HOA chairman does not need to confirm his qualifications.

  • Why get it?

    To open a new management company, you need to obtain a license to manage apartment buildings. To obtain such a license, an official of the licensee, an official of the license applicant must pass a qualification exam and receive a qualification certificate (Clause 2, Part 1, Article 193 of the RF Housing Code).

    This situation is also justified by order of the Ministry of Construction of the Russian Federation dated December 5, 2014 No. 789/pr. Obtaining a qualification certificate is one of the licensing requirements.

  • Where does the exam take place?

    In your region. It is accepted by the regional licensing commission.

  • What should you do before the exam?

    To pass the exam, submit an application to the State Housing Institute. A sample application is available on the website of your State Housing Institution. It takes up to 15 working days to approve the application.

  • How many questions are there in the exam?

    There are 200 questions in total. During the exam, 100 of them are selected individually, randomly and automatically - 3 answer options for each, one of which is correct. How is the exam going?

    Do not be late for the exam, registration and assignment of numbers will take place. These numbers will be needed when taking the test - participants are identified by them. You must take a passport or other identification document to the exam.

    The qualifying exam is free and takes place in testing mode. Testing is carried out on a computer. In 2 hours you need to correctly answer at least 86 questions out of 100, but no less. Otherwise, the exam will not be accepted and will have to be retaken.

    The results will be announced in 5 days. Those who successfully pass the test will receive a qualification certificate valid for 5 years.

  • How to answer questions?

    Answer in order - proceed to the next question after answering the previous one. Revising answers is not allowed.

  • What should you not do during the exam?

    You cannot communicate and exchange things with other exam participants, as well as use texts, laws, acts, reference books, means of communication, or leave the premises

  • Is it possible to retake the exam?

    Can. You can retake the housing and communal services qualification exam an unlimited number of times.

  • Where can I work with a qualification certificate?

    You can operate an apartment building not only in the region where you passed the exam and received a qualification certificate, but also in any other region. The qualification certificate is issued for individual without reference to a company or region.

    But a license to manage an apartment building already obliges the licensee (organization or individual entrepreneur) to carry out its activities only where the license was issued. The exam and certification take place in the same region.

  • Changes in the certificate

    If you have changed your full name, this must be reflected in the qualification certificate. The qualification certificate is reissued on a new form based on a written application.

    If you lose your qualification certificate, you do not need to retake the housing and communal services qualification exam. Submit a written statement of loss and you will be given a duplicate.

  • How to pass the housing and communal services exam online?

    You can practice and take a trial housing and communal services qualification exam online. On the RosKvartal platform there is a free simulator for passing such an exam. It has two modes available: training and exam.

    Study mode allows you to answer all 200 exam questions sequentially or in random order. The correct answers are given with explanations and references to legislation. From the list, you can select only those exam questions that you are not sure about.

    In exam mode, the conditions are as close as possible to exam conditions. Each applicant receives an individual set of tests consisting of 100 questions. During the time allotted for testing, you need to correctly answer the maximum number of questions on the housing and communal services exam.

  • Can a qualification certificate be cancelled?

    Yes, GZHI can do this.

  • Why can a certificate be revoked?

    The certificate can be canceled by decision of the State Housing Authority before the expiration of its five-year validity period if it is discovered that the certificate was obtained using forged documents or information about the certificate holder was included in the register of disqualified persons.

    The reason for the cancellation of a qualification certificate may be the entry into force of a court decision against the owner of the certificate, if it provides for punishment for crimes in the economic sphere, serious and especially serious crimes.

  • How is the cancellation of a certificate processed?

    The decision to cancel the certificate is recorded in writing, supported by the basis for this action and signed by the head of the Civil Housing Inspectorate. The State Housing Registration Authority shall notify the owner of the certificate about the cancellation of the document within 5 working days.

    Corresponding adjustments are made to the register of qualification certificates. Information about this is stored for 3 years. During this period, you cannot retake the qualifying exam. The disqualification order can be challenged in court.

  • The housing and communal services qualification exam is a procedure that raises many questions among applicants for a license. We invite you to read the answers to some of them.

    About the qualification certificate of the head of a management company in the housing and communal services sector

    During the reform in the field of housing and communal services, the personal responsibility of officials - heads of organizations managing apartment buildings - has been brought to the fore. Confirmation of their competence in ensuring compliance with the requirements for the quality of services provided is a qualification certificate issued free of charge. To obtain this document, a housing and communal services specialist must pass a special qualification exam.

    What does a housing and communal services qualification certificate look like, what data is included in it and for how long is it valid?

    • The qualification certificate form has green color, made in A4 format (210 by 297 mm), is a security included in the category of documents protected against counterfeiting of printed products at level “B”, and must be certified by the signature of the head and the seal of the state housing inspection body of the constituent entity of the Russian Federation.
    • The housing and communal services qualification certificate must indicate the name of the subject of the Russian Federation on behalf of which the examination commission acts, the personal data of the certified specialist (his first name, patronymic, last name), the number of the protocol of the results of the qualification exam and the date of its preparation.
    • The validity of the certificate is limited to 5 years.

    Expert advice: We recommend that not only the head of the management company, but also his deputy, pass the qualification exam and receive a certificate. This step will allow your organization to fully meet the requirements for a housing and communal services license holder and continue its activities in the event of the removal of the first person from office.

    The procedure and specifics of the qualification exam for a housing and communal services specialist

    • Acceptance of an applicant's application for obtaining a housing and communal services qualification certificate and conducting an exam is carried out by a special licensing commission formed by a constituent entity of the Russian Federation to ensure the activities of state housing supervision in licensing organizations that manage apartment buildings.
    • The key condition for admission to passing the qualification exam in the housing and communal services sector is the absence of information about the applicant (the head of the management company) in the register of disqualified persons.
    • The period during which the applicant must be notified of admission to the exam is no more than 15 working days from the date the commission accepted his application.
    • The housing and communal services qualification exam itself takes the form of computer testing. The maximum time allotted for passing the tests is 120 minutes. DO NOT FORGET take your passport with you. If you do not have this document, you will not be allowed to take the exam!
    • The minimum number of questions that you need to answer correctly to successfully pass the exam is 86. Each question has three possible answers. Total number questions of an individual set of tests for the applicant - 100 (selected automatically from 200 approved).
    • Questions for the housing and communal services qualification exam cover topics such as: various aspects of managing apartment buildings, energy saving, and labor legislation.
    • During the exam it is PROHIBITED: use reference literature, regulations and legislative acts, mobile communications; record any information on paper; enter into negotiations with other persons undergoing testing; leave the examination room.

    Expert advice: Passing the housing and communal services qualification exam the first time is quite easy if you have the necessary knowledge and testing does not represent a stressful situation for you. We recommend that you undergo pre-certification training using a unique program developed specifically for managers of management companies.

    Do you urgently need to undergo licensing and obtain a housing and communal services license? Can't figure out legal requirements or solve the problem of preparing for a qualifying exam? Lawyers of the Consulting Group "Granit-Consulting" will answer all your questions and help you quickly cope with the task.

    Until May 1, 2015, mandatory licensing of management organizations was carried out. According to the new standards, the management authority cannot operate apartment buildings without a license.

    In other words, the licensing law provides for the mandatory receipt of a qualification certificate by the head of an educational institution. This is strictly stipulated in clause 6 of the “Regulations on licensing business activities for the management of apartment buildings” and is one of the licensing requirements.

    Briefly about the main thing

    Let's look at what the qualifying exam itself is. It takes place in your region and is accepted by the regional licensing commission.

    To pass the exam, the manager and/or representative must submit an application (you will find a sample application on the website of your State Housing Institution), the approval of which takes up to 15 working days. Testing is carried out on a computer. In 2 hours you need to correctly answer at least 86 questions out of 100, but no less.

    Otherwise, the exam will not count and you will have to retake it again. After 5 days, the results are announced and the lucky winners are awarded a qualification certificate valid for 5 years. Management organizations in the housing and communal services sector that pass the exam can apply for a license.

    The good news is that the exam is free and you can retake it an unlimited number of times. Also, one of your employees who helps to conduct business in your absence can receive a qualification certificate.

    What is it for? If gross violations are discovered during the exam, the certificate may be canceled and the manager may be disqualified.

    In this case, so that the management company is not left without a leader, it is advisable to play it safe and have a person with the same certificate on staff. If something happens, it will be possible to transfer the reins of power into his hands. Some companies in the housing and communal services sector have already taken advantage of this advice and sent their employees to receive certificates.

    You can carry out your activities to manage apartment buildings not only in the region where you took the exam and received a qualification certificate, but also in any other, since the certificate is issued to an individual without reference to a company or region. But a license to manage an apartment building already obliges the licensee to carry out its activities only where it was issued.

    The exam and certification take place in the same region. That is, you cannot take the exam in one region and get it in another. This can be seen in the order of the Ministry of Construction of the Russian Federation dated December 5, 2015 No. 789/pro on conducting a qualification exam, as well as on the issuance and cancellation of certificates.

    If for some reason you have changed your full name, this must be reflected in the qualification certificate. That is, it needs to be reissued on a new form based on a written application.

    We are often asked the question whether it is necessary to retake the qualifying exam if the certificate has been lost. The answer is no. Based on a written statement of loss, a duplicate is issued.

    Professionally qualified

    Not everyone was able to pass the exam and then undergo licensing of management organizations in the housing and communal services sector. As disappointing statistics show, 3 thousand out of 14,000 management companies throughout the country were unable to cope with this task.

    This is quite a lot, considering what was available online. That is, you could test yourself before the real exam, see what questions you might get and how to answer them.

    Some services on the Internet allow you to independently assess yourself for professional suitability. Take, for example, our RosKvartal platform, which allows you to pass it in two modes: training and exam.

    Thus, in the “learning mode” you are given the opportunity to answer all 200 exam questions sequentially or in a random order. For example, you can go through all the questions and see the correct answers with explanations and references to legislation.

    Or you can select from the list only those exam questions in which you feel unsure. As for the “exam mode,” conditions have been created for you that are as close as possible to exam conditions.

    That is, during the time allotted for testing, you must correctly answer the maximum number of questions in the housing and communal services exam. In any case, this is a useful experiment.

    Those who tried our free simulator felt confident in front of the licensing commission, since they already had an idea of ​​​​the essence of the issues. Our service also allows you to take the test to pass the qualifying exam an unlimited number of times.

    Thus, already from the second or third time you can remember many answers to questions. To make it easier, you can even break down the questions, for example, 50 in each part. And gradually master them.

    The training mode also allows you to speed up the testing process itself, as your speed and reaction are honed. Try ours too. Good luck in passing the test!

    Those who have successfully passed the test and received a license to manage apartment buildings will need an electronic digital signature key to register in the GIS Housing and Communal Services. For example, we received our KETsP from the Kontur company.

    You can look at the prices for their services and select a basic qualified electronic signature certificate Classic, which will cost much less. In any case, after submitting your application, the company manager will contact you and explain which EDS key is suitable for registration in the GIS Housing and Communal Services.

    On July 21, 2014, the President of the Russian Federation signed, which introduced amendments to the RF Housing Code in terms of establishing the mandatory licensing of activities for managing apartment buildings. As one of the requirements for licensees and license applicants, it is established that an official has a licensee/license applicant. Let's try to figure out who should be such an official?

    Who is licensed?

    First, I would like to remind you which organizations are subject to licensing.

    According to clause 1 of Article 192 of the Housing Code of the Russian Federation “ MKD management activities are carried out by management organizations on the basis of a license..." Clause 2 of Article 192 of the RF Housing Code establishes that “ Activities for the management of apartment buildings are understood as the performance of work and (or) provision of services for the management of apartment buildings on the basis of a contract for the management of apartment buildings».

    As is known, HOAs and housing cooperatives related to non-profit organizations, are not management companies; they are not responsible for concluding management agreements. Article 162 of the Housing Code of the Russian Federation directly establishes that a management agreement is concluded with a management organization (the second party to the agreement is the owners of the premises, or those representing the interests of the owners of the HOA or housing cooperative).

    Homeowners' associations and housing cooperatives can manage apartment building independently, without a management organization. In this case, they can enter into agreements with the owners of the premises for the maintenance and repair of common property, for the provision utilities (analogues of management contracts, but still not management contracts!).

    Thus, Only management organizations are subject to licensing(including individual entrepreneurs) managing houses on the basis of a management agreement. Homeowners' associations and housing cooperatives are not subject to licensing!

    Who is certified?

    **********************
    Note: the explanations of this section of the article have lost their relevance due to the entry into force on July 30, 2017, which, among other things, amended clause 2, part 1, article 193 of the RF Housing Code, namely: the presence of a qualification certificate has been established as one of the licensing requirements " the sole executive body of a legal entity, the head of a legal entity or its branch or an individual entrepreneur managing an apartment building, and in the event of concluding an agreement on the transfer of powers of the sole executive body - the sole executive body of the legal entity or individual entrepreneur to whom such powers have been transferred.”

    However, the legislation of the Russian Federation does not establish the obligation to certify company managers! The Housing Code of the Russian Federation states that certification must be carried out officials of license applicants. The same norm of the RF Housing Code is referred to by the RF PP dated October 28, 2014 N1110, without additional clarification of who exactly may be an “official of the license applicant.” There are also no explanations in the Order of the Ministry of Construction of Russia dated October 28, 2014 N659/pr, which approved the Procedure for conducting the qualification exam.

    Thus, An official of a licensee/license applicant does not have to be the head of the organization!

    Let us explain the logic of the legislator who approved just such a provision using an example.

    In a number municipalities In the Russian Federation, there are city-forming enterprises, which can be large metallurgical, oil, mining, agricultural and other enterprises. IN Soviet times Such enterprises very often carried out, among other things, maintenance of the entire infrastructure of the settlements on the territory of which they operated. Including maintaining heating networks, servicing apartment buildings and so on. Many of these enterprises were the main consumer of water, heat, and electricity; many of them have, for example, their own boiler houses, which provide hot water not only to their own enterprise, but to the entire settlement.

    After the liquidation of the USSR, a number of such enterprises continued to deal with housing and communal services issues, highlighting the corresponding departments in their composition: for example, divisions servicing boiler houses began to perform the functions of the RSO, divisions carrying out the maintenance and routine repair of apartment buildings began to perform the functions of the management authority. Over time, with the advent regulatory framework regulating the activities of housing organizations, appropriate changes were made to the Charter and other documents of the enterprise, and by 2014 such enterprises can be represented in the form of a certain holding company carrying out different kinds activities, including activities related to management of apartment buildings. At the same time, the enterprise could remain a single legal entity, without being separated from its composition. legal entities for the implementation of certain types of activities (including activities related to management of apartment buildings).

    We can consider an example in which the head of a certain housing and communal services department of a city-forming enterprise is a super professional who ensures high quality management of apartment buildings. It is necessary to take into account that with the huge turnover and profitability of the entire enterprise as a whole, the housing and communal services department has a powerful financial resource that allows it to ensure high quality work even in conditions of high non-payments and other financial losses. The presence of a boiler house within the same enterprise allows us to transfer the rather complex problematic relations “UO - RSO” into the framework of interaction between divisions of one company.

    Now let’s imagine that the head of the company is required to undergo certification and receive a qualification certificate. But the main profile of the enterprise is not housing and communal services. Let's assume this is a metallurgical enterprise, the general director of which has been involved exclusively in metallurgy for several decades. And this honorary metallurgist, honored worker of Russian metallurgy, is offered to take an exam on knowledge of housing legislation. The probability that he will not pass such an exam is quite high.

    The consequences seem quite dire, and, first of all, for the residents of the settlement. Due to the loss of the city-forming enterprise's right to carry out activities to manage apartment buildings, the local government body will hold a competition to select a management entity, or the owners of the premises will hold a general meeting and elect a management entity. The selected MA will no longer have the resources of the city-forming enterprise; in addition, problems will inevitably arise for the new MA and for this very enterprise, which will now act as a RSO. And even when employees of the housing and communal services department of the city-forming enterprise move to a new management organization, a serious management crisis is possible due to a change in the structure and work system. Etc. and so on.

    In the given example, it is much more logical to certify the head of the housing and communal services department, who with a high probability will pass the exam, receive a certificate and continue to manage the management of apartment buildings, remaining part of the city-forming enterprise with its enormous financial, labor, and administrative resources.

    And the law on licensing activities for managing apartment buildings (255-FZ of July 21, 2014) does not violate this logic.

    So, according to Article 193 of the Housing Code of the Russian Federation, in order to obtain a license to manage an apartment building, you must have a qualification certificate of an official ( not necessarily a leader! ).

    To understand what requirements are imposed on applicants for obtaining a qualification certificate, an analysis of the legislation seems to be the most correct.

    Center distance learning"AKATO" offers
    applicants for a qualification certificate
    (officials of license applicants,
    responsible for the management of apartment buildings)

    use a special Internet service
    in preparation for the qualifying exam