MKD technical documentation and what it includes. Apple of discord: technical documentation for the house. Where to get a registration certificate for your home

Technical documents for a house are of great importance; without them it is impossible to register ownership and conduct legal transactions. Most owners real estate they confuse the concepts of cadastral and technical passports, considering them similar, and are in no hurry to issue the latter.

Whereas a registration certificate gives full ownership of the property. A real estate document carries various characteristics depending on its type. A technical passport for a house contains more information than an apartment document. This article will help you understand the issue of document design and its purpose.

Why is it needed and what information does it contain?

A registration certificate for a home is widely used in various fields. Its use is necessary in the following cases:

ATTENTION– the document confirms that the technical condition of the house is in perfect order, no changes have been made.

The technical passport for the house contains informational information about the property. it contains the following information and characteristics:

date of construction and its type;
area of the object, dimensions (indicate separately when the last time was carried out major renovation);
the degree of wear and tear of the house is indicated;
material of the building (what it is made of, sheathed, what kind of insulation is installed, the thickness and material of the walls, ceilings, what type of roof and foundation are made);
engineering networks;
cost according to inventory;
number of rooms (area of each).

Additional information:

sizes - bathrooms, kitchens, balconies, toilets.

The document must display a complete description of the “house” object.

Legislation

According to the law, a technical passport is considered in Federal law No. 221 “On cadastral activities”.

According to the law, technical documentation (cadastral plan) has the same legal significance as the cadastral passport of a real estate property. And also Federal Law No. 122 “On state registration rights to real estate and transactions with it.”

Where is it made and how to get it?

The registration certificate for the house is prepared by the BTI or a land management company (you can apply via the Internet).

You can also order the document in the appropriate paragraph on the State Services portal. When using the services of the latter, the cost of documentation will be more expensive. The BTI stores all information about real estate. To receive the document you must:

For a private house

apply to the BTI;
make an appointment with a technical engineer;
take measurements and set a date when the document can be picked up.

To a new home

Who can apply?

An application to the BTI or land management company is submitted personally by the legal owner of the property. Or an authorized person can submit an application if he/she has the appropriate document.

IMPORTANT– the power of attorney must be notarized.

Where can I get a copy?

Since all technical information is stored and processed in the Bureau of Technical Inventory, to make a copy it is enough to contact the BTI staff. You can also request a copy from cadastral engineer who took the measurements and filled out the form, first ask about the availability of information.

How to apply: required documents

The following documents will be required for registration:

an application for a technical passport indicating the reason for receipt (can be sent online at State Services or written on site at the BTI);
owner's civil passport;
if through a representative - a power of attorney certified by a notary;
title document – certificate of ownership of the property;
payment receipt state duty.

Where to order: intermediary services

MFC - when ordering through a multifunctional center, we contact the local branch, fill out an application, pay a receipt for the state fee and provide a package of documents. On the copy of the application, the MFC employee will indicate the date of arrival of the engineer and the date of production of the passport;

ATTENTION- you will have to go to the BTI to get it.

Production time and service cost

Within seven days, the application and application are reviewed at the BTI branch (or intermediary), then the bureau employees ask the owner to appear at the branch.

If measurements are required, an additional meeting with an engineer is scheduled. From application to production it takes from three to fourteen days. The cost of the service varies depending on the regional location of the property, as well as the prices of land management companies. Minimum size The state duty is 1,500 to 2,500 rubles.

What is its validity period?

According to the law, if no changes are made to the house, then the document has an indefinite status. Where possible, documentation should be updated every five years.

Making changes and fixing errors

When making changes to the home (for example, redevelopment) or when correcting errors, you must contact the BTI.

A technician or engineer goes to the site to measure innovations or clarify erroneous material. Then the state duty for the service provided is paid and the date for production of the corrected documentation is set.

Recovery

What it looks like: a sample for a residential private house

Basic information indicated in the technical passport:

location of the object and its appearance, date of construction;
information about affiliation;
area explication land plot(in sq. m);
description of buildings and structures;
purpose, technical condition and cost of the house;
list of additional documents.

Conclusion

Technical documentation for a house is necessary when conducting transactions of a legal and financial nature.

The technical passport contains complete information about the structure and its characteristics. To order the production of documentation, you should contact BTI or intermediary firms and services.

10. The emergency dispatch service carries out daily (current) control over the operation of in-house engineering systems of apartment buildings, quality control of utility resources at the interface between elements of in-house engineering systems and centralized networks of engineering support, round-the-clock registration and monitoring of implementation within the time limits established by paragraph 13 of these Rules, applications from owners and users of premises in apartment buildings on issues related to the provision utilities, maintenance of common property in an apartment building, provision of services and performance of work for the maintenance and repair of common property in an apartment building, as well as elimination of malfunctions and damage to in-house engineering systems and performance of other obligations management organization provided for in the management agreement for an apartment building, other obligations of the partnership or cooperative for the management of an apartment building, and takes prompt measures to ensure the safety of citizens in the event of emergency situations or the threat of their occurrence.

11. The emergency dispatch service, using the dispatch system, provides:

control of gas contamination of technical underground areas and collectors;

loudspeaker (two-way) communication with elevator passengers.

12. The emergency dispatch service operates around the clock. Information obtained as a result of continuous monitoring of the operation of engineering equipment is reflected by the emergency dispatch service in the appropriate logs, which are also maintained in the form of electronic documents.

13. The emergency dispatch service provides:

answering a telephone call from the owner or user of a premises in an apartment building to the emergency dispatch service within no more than 5 minutes, and if a response is not provided within the specified period, interacting with the owner or user of the premises in an apartment building who called the emergency dispatch service via telephone communication within 10 minutes after receiving his telephone call to the emergency dispatch service or providing the technological opportunity to leave a voice message and (or) electronic message, which must be considered by the emergency dispatch service within 10 minutes after receipt;

localization of emergency damage to in-house engineering systems of cold and hot water supply, drainage and in-house heating and power supply systems no more than half an hour from the moment of registration of the application;

elimination of blockages in the in-house sewerage system within two hours from the moment of registration of the application;

elimination of blockages in garbage chutes inside apartment buildings within 2 hours from the moment of registration of the application, but no earlier than 8 hours and no later than 23 hours when applications are accepted around the clock;

supply of utilities in case of emergency damage to in-house engineering systems of cold and hot water supply, drainage and in-house heating and power supply systems within a period not violating the requirements established by housing legislation Russian Federation duration of interruptions in the provision of public services;

elimination of emergency damage to in-house engineering systems of cold and hot water supply, sewerage and in-house heating and power supply systems within no more than 3 days from the date of emergency damage.

In this case, the owner or user of premises in an apartment building must be informed within half an hour from the moment of registration of the application about the planned deadlines for the execution of the application.

In case of emergency damage to the in-house engineering systems of cold and hot water supply, drainage and in-house heating systems, the emergency dispatch service also informs the authority local government municipality on whose territory it is located apartment building, about the nature of the emergency damage and the planned time frame for its elimination.

Fulfillment of requests for the elimination of minor faults and damages is carried out around the clock in accordance with the deadline and list of necessary works and services agreed with the owner or user of the premises in the apartment building who sent the application.

The work of the emergency dispatch service must be carried out in accordance with the requirements of regulatory legal acts of the Russian Federation, aimed at ensuring peace and quiet of citizens. The management organization, partnership or cooperative is obliged to ensure the implementation of emergency dispatch services in accordance with the requirements of these Rules.

14. When receiving signals about an accident or damage to the internal engineering systems of cold and hot water supply, drainage and internal heating and electrical supply systems, information and telecommunication networks, gas supply systems and internal gas equipment that are part of the common property of the owners of premises in an apartment building, emergency The dispatch service reports this to the emergency services of the relevant resource-supplying organizations and eliminates such accidents and damages independently or with the involvement of these services, and in cases where the legislation of the Russian Federation provides for special requirements for the implementation of emergency dispatch service activities by resource-supplying organizations, the emergency dispatch service reports this to the emergency services of the relevant resource supply organizations and monitors their elimination of such accidents and damage.

15. A management organization, a developer - a management organization, a partnership or a cooperative, owners of premises in the direct method of managing an apartment building in the case of organizing emergency dispatch service by concluding a contract for the provision of services with an organization carrying out the relevant activities, submit a set of technical equipment to the emergency dispatch service documentation for all objects, networks and structures, diagrams of all disconnecting and locking nodes of in-house engineering systems, plans for underground communications and other documentation necessary for emergency dispatch service.

16. The management organization, developer - management organization, partnership or cooperative, owners of premises in the direct method of managing an apartment building provide free access for emergency dispatch service employees to premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or ) non-residential premises in this apartment building, and other objects intended for the maintenance, operation and improvement of the apartment building.

17. The emergency dispatch service receives and fulfills applications from owners and users of premises in apartment buildings. Applications are accepted by direct contact with the emergency dispatch service, including by telephone, as well as by direct communication via intercoms installed in the entrances of apartment buildings and elevator cabins, or other possible means of communication.

Registration of applications is carried out in the register of applications of owners and users of premises in apartment buildings or in an automated system for recording such applications (if available) and using a telephone conversation recording in accordance with the legislation of the Russian Federation.

The application log must be laced, numbered and sealed with the seal of the emergency dispatch service.

The emergency dispatch service is obliged to ensure that the specified log is stored in the premises occupied by this service and that, at the request of the owners and users of premises in apartment buildings in respect of which this service provides emergency dispatch services, familiarization with the entries made in the application log.

Information about changes:

The rules were supplemented by clause 17.1 from March 1, 2019 - Resolution

17.1. Upon receipt of an application, the emergency dispatch service finds out the reasons, the nature of the request and makes prompt decisions on interaction with other emergency repair services. Information about the decision taken are recorded in the application logbook or the state information system of housing and communal services in the case of maintaining an application logbook in this system. The emergency dispatch service organizes the execution of the received application within the time limits established by paragraph 13 of these Rules.

Information about changes:

The rules were supplemented by clause 17.2 from March 1, 2019 - Decree of the Government of the Russian Federation of March 27, 2018 N 331

17.2. When registering an application, the emergency dispatch service informs the owner or user of the premises in an apartment building who submitted the application, its registration number and information about the regulatory deadlines and activities for the execution of the application.

Information about changes:

The rules were supplemented by clause 17.3 from March 1, 2019 - Decree of the Government of the Russian Federation of March 27, 2018 N 331

17.3. When carrying out emergency dispatch services, the safety of life and health of people and animals must be ensured, environment, safety of property of premises owners in an apartment building.

Emergency dispatch service employees who travel to execute requests must be provided with the necessary means, including equipment and materials, to execute the request. If the execution of an application requires access by an emergency dispatch service employee to a premises in an apartment building, the emergency dispatch service informs the owner or user of such premises about the planned date and time of the start of the execution of the application, the reasons for the need to provide access to the premises, as well as the last name, first name , patronymic (if any) of the emergency dispatch service employee(s) who will carry out the execution of the application. An employee of the emergency dispatch service must have an official identification card with him, identification mark(badge, patch on clothing, etc.) indicating the name of the organization, surname, first name, patronymic (if any) and professional specialization, as well as disposable shoe covers.

Information about changes:

The rules were supplemented by clause 17.4 from March 1, 2019 - Decree of the Government of the Russian Federation of March 27, 2018 N 331

17.4. The emergency dispatch service carries out operational control deadlines, quality of execution of received applications using photo recording tools, prompt and periodic surveys of owners and users of premises in an apartment building regarding the quality of execution of received applications. The control results are entered into the application logbook or the state information system of housing and communal services in the case of maintaining an application logbook in this system.

V. The procedure for transferring technical documentation for an apartment building and other documents, technical means and equipment related to the management of such an apartment building

18. If the meeting makes a decision to change the method of managing an apartment building, the expiration of the management agreement for the apartment building or early termination of such an agreement, the person authorized by the meeting, the governing body of the partnership or cooperative, within 5 working days sends it to the organization that previously managed such a house, as well as to the body executive branch of a constituent entity of the Russian Federation authorized to carry out regional state housing supervision, a local government body authorized to carry out municipal housing control (hereinafter referred to as the state housing supervision body (municipal housing control body), notice of the decision adopted at the meeting with a copy of this decision attached.

The specified notice must contain the name of the organization chosen by the owners of premises in an apartment building to manage this building, its address, and in the case of direct management by the owners of premises in such a building - information about one of the owners specified in the decision of the meeting on choosing a method of managing the apartment building. Such notification may be sent using the state information system housing and communal services.

19. An organization that previously managed an apartment building and has received the notification provided for in paragraph 18 of these Rules, transfers, in the manner prescribed by paragraph 22 of these Rules, technical documentation for the apartment building and other documents, technical means and equipment related to the management of such an apartment building, as well as information , specified in subparagraph "b" of paragraph 4 of these Rules, the organization chosen by the owners of premises in an apartment building to manage this house, the governing body of a partnership or cooperative, or in the case of direct management of an apartment building by the owners of premises in such a building, one of the owners specified in the decision of the meeting on the choice of method of managing an apartment building, or, if such an owner is not indicated, to any owner of the premises in this building under the acceptance certificate no later than the period established by Part 10 of Article 162 of the Housing Code of the Russian Federation.

20. Technical documentation for an apartment building and other documents related to the management of an apartment building are subject to transfer in the composition provided for by the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491.

The documents to be transferred must contain information that is current at the time of transfer about the composition and condition of the common property of the owners of premises in an apartment building.

21. If the organization that previously managed the apartment building does not have one or more documents included in the technical documentation for the apartment building, and other documents, technical means and equipment related to the management of such an apartment building, such organization is obliged to do so within 3 months from the date of receipt of the notification provided for in paragraph 18 of these Rules, take measures to restore them and, in the manner provided for in paragraph 22 of these Rules, transfer them to separate act acceptance and transfer of the organization chosen by the owners of premises in an apartment building to manage this house, to the governing body of a partnership or cooperative, or in the case of direct management of such a house by the owners of premises in this building, to one of the owners specified in the decision of the meeting on choosing the method of managing this house.

22. The organization that previously managed the apartment building, in any way that allows one to reliably establish that the message comes from the specified organization, as well as confirm its receipt, notifies of the date (no earlier than 7 days from the date of sending the message), time and place of transfer of technical documentation for an apartment building and other documents, technical means and equipment related to the management of this house, the organization chosen by the owners of premises in an apartment building to manage this house, the governing body of a partnership or cooperative, or in the case of direct management of such a house by the owners of premises in this building of one of the owners , specified in the decision of the meeting on the choice of method of managing this house.

The transfer of technical documentation for an apartment building and other documents, technical means and equipment related to the management of this building is carried out according to an acceptance certificate, which must contain information about the date and place of its preparation and a list of transferred documents.

23. Any disagreements regarding the quantitative and (or) qualitative composition of technical documentation for an apartment building and other documents, technical means and equipment to be transferred related to the management of this building are reflected in the acceptance certificate. A copy of the act must be sent to the state housing supervision body (municipal housing control body) within 3 days from the date of its signing by the transferring and receiving parties.

Information about changes:

By Decree of the Government of the Russian Federation of December 25, 2015 N 1434, the Rules were supplemented with Section VI

VI. The procedure for terminating the activity of managing an apartment building in connection with the exclusion of information about the apartment building from the register of licenses of a constituent entity of the Russian Federation, termination of the license to operate entrepreneurial activity on the management of apartment buildings or its cancellation

24. In the event that information about an apartment building is excluded from the register of licenses of a constituent entity of the Russian Federation, as well as in the event that the license to carry out business activities for the management of apartment buildings (hereinafter referred to as the license) is terminated or cancelled, the date of termination of the management agreement is determined by the day preceding the day of the beginning of management of an apartment building by a management organization selected by a general meeting of owners of premises in an apartment building or based on the results of an open competition provided for by Part 5 of Article 200 of the Housing Code of the Russian Federation, or in the case provided for by Part 6 of Article 200 of the Housing Code of the Russian Federation, chosen without an open competition. If the method of managing an apartment building has been changed, the date of termination of the management contract is determined by the day preceding the day the implementation of the new management method begins.

25. The management organization, in the event of exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, as well as in the event that the license is terminated or the license is cancelled, transfers to the person who has assumed the obligations to manage the apartment building, under a separate acceptance and transfer certificate, the technical documentation for an apartment building and other documents, technical means and equipment related to the management of such a house, as well as documents and information specified in subparagraphs “e” and “e.1” of paragraph 18 of the Rules, mandatory when concluded by a management organization or a homeowners’ association or housing cooperative or other specialized consumer cooperative contracts with resource supply organizations, approved by Decree of the Government of the Russian Federation of February 14, 2012 N 124, paragraph 56.1 and subparagraph “b” of paragraph 57 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354.

The documents to be transferred must contain information that was current on the day of transfer.

26. Agreements of the management organization with organizations providing services and (or) performing work on the maintenance and repair of common property of the owners of premises in an apartment building, and organizations carrying out major repairs of common property in an apartment building, are terminated simultaneously with the termination of the management agreement for the apartment building in case of exclusion of information about an apartment building from the register of licenses of a constituent entity of the Russian Federation, as well as in the event that the license is terminated or cancelled.

Information about changes:

The rules were supplemented by Section VII from March 1, 2019 - Decree of the Government of the Russian Federation of March 27, 2018 N 331 (as amended by Decree of the Government of Russia of September 13, 2018 N 1090)

VII. Organization of interaction between the management organization and the owners and users of premises in an apartment building when managing the apartment building

27. The management organization is obliged to ensure interaction with the owners and users of premises in an apartment building, including by providing these persons with the opportunity to personally contact the current office of the management organization or multifunctional center provision of state and municipal services if the management organization concludes an agreement with the specified center providing for the possibility of ensuring such interaction (hereinafter referred to as the representative office of the management organization). The representative office of the management organization must be located within the municipality, including within the intra-city district in a city district with intra-city division or intra-city territory of the city federal significance, on the territory of which there are apartment buildings managed by such a management organization, within walking distance from the specified apartment buildings. Moreover, for the purposes of these Rules, walking distance means a distance of no more than 3 kilometers covered on foot.

28. The representative office of the management organization is intended to receive owners and users of premises in apartment buildings, provide prompt answers to incoming questions, as well as provide any other assistance to the owner or user of premises in an apartment building on any issue that arises related to the management of an apartment building, the owner, user of the premises in which he is.

29. The management organization discloses, in accordance with Section VIII of these Rules, information about the days and hours of reception of owners and users of premises in an apartment building by authorized persons of the management organization (hereinafter referred to as reception), which must be carried out at least once a month. Reception is carried out at the representative office of the management organization by a person performing the functions of the sole executive body of the management organization, as well as other authorized persons.

30. An appointment is made directly at the representative office of the management organization, by calling the management organization or using the state information system for housing and communal services. Reception without an appointment is carried out after the reception of owners and users of premises in an apartment building who have made an appointment.

When making an appointment, an employee of the representative office of the management organization finds out the presence of existing applications to the emergency dispatch service from the owner or user of the premises in an apartment building, the status of consideration and the result of the implementation of these applications and enters this information, date of reception, position of the person performing the reception, in the personal reception journal. A copy of the entry in the personal reception log is given to the applicant owner or user of the premises in an apartment building.

The result of the appointment is recorded in the personal appointment log.

Information about changes:

The rules were supplemented by Section VIII from April 11, 2018 - Decree of the Government of the Russian Federation of March 27, 2018 N 331

VIII. The procedure for disclosing information by a management organization, partnership or cooperative

31. If the management of an apartment building is carried out by a management organization, it is obliged to disclose the following information by posting on an ongoing basis:

a) on signs located at the entrance to the representative office of the management organization:

name (company name) of the management organization;

address of the location of the management organization;

contact numbers of the management organization, email address;

operating mode of the management organization.

In case of change, the specified information is subject to disclosure within 3 working days from the date of change;

b) on notice boards located in all entrances of an apartment building or within the land plot on which the apartment building is located:

name (company name) of the management organization, license number, validity period of the license, information about the body that issued the said license, location address, including representative offices of the management organization, operating hours, information about days and hours of reception, address of the official website of the management organization (if availability) on the information and telecommunications network "Internet" (hereinafter referred to as the "Internet" network), the address of the official website of the state information system of housing and communal services on the Internet;

notifications of upcoming work, equipment checks, restoration work, and other events that may cause inconvenience for owners and users of premises in an apartment building or require the presence of such owners and users or their representatives in the premises of an apartment building at a certain time, indicating the time of such events;

paragraphs two and three

Information specified in paragraph four

Information specified in paragraph five

c) on information stands (stands) in the representative office of the management organization:

name (company name) of the management organization, license number, license validity period, information about the body that issued the said license, location address, including representative offices of the management organization, operating hours, information about days and hours of reception, address of the official website of the management organization on the Internet “Internet” (if available), address of the official website of the state information system of housing and communal services on the Internet;

contact numbers of the management organization, representative office of the management organization, emergency dispatch service and emergency services resource supply organizations;

step-by-step instructions on the procedure for installing an individual metering device;

information on the timing of payment for residential premises and (or) utilities, the consequences of late and (or) incomplete payment of such payment, on the mandatory and (or) recommended deadlines for transmitting meter readings to the utility service provider in accordance with the procedure and conditions for receiving such readings , which are established by the agreement containing provisions on the provision of public services;

information about the state housing supervision body (functions, name, address, contact phone number, last name, first name and patronymic (if any) of the head);

information on the sizes of prices (tariffs) to be applied when determining the amount of payment for residential premises and (or) utilities, and on the details of regulatory legal acts, decisions of the general meeting of owners of premises in an apartment building (if any), by which they are established;

information on standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building, as well as in the event of a decision being made in a constituent entity of the Russian Federation to establish a social consumption rate electrical energy(power) - information on the value of the established social norm for consumption of electrical energy (power) for groups of households and types of residential premises;

information leaflet on the rules for the safe use of gas at home, information on the consumer’s obligation to conclude an agreement on maintenance and repair of indoor gas equipment;

information memo containing information on the composition of the monthly payment for residential premises and (or) utilities, contact numbers of persons responsible for calculating payments for residential premises and utilities;

samples for filling out applications, complaints and other requests from citizens and organizations;

a stand with a list of works and services offered by the management organization;

information about places of waste accumulation, collection (including separate collection) of waste of I - IV hazard classes;

information on the rules for handling waste of I - IV hazard classes, the procedure for separate waste collection;

information leaflet on the rules for the safe use of mercury-containing lamps and devices;

notifications about changes in the amount of payment for residential premises and (or) utilities.

If the information specified in paragraphs two through fifteen of this subclause changes, such information is subject to disclosure within 3 business days from the date of the change.

The information specified in paragraph sixteen of this subclause is subject to disclosure no later than 30 calendar days before the date of submission of payment documents to the owners and users of premises in an apartment building, on the basis of which payment for residential premises and (or) utilities will be paid in a different amount, unless a different period for informing the owners of premises in an apartment building is established by the apartment building management agreement;

d) on the official website of the state information system of housing and communal services on the Internet of information provided for by law

32. If an apartment building is managed by a partnership or cooperative, they are required to disclose the following information by posting on an ongoing basis:

a) on notice boards located in all entrances of an apartment building or within the land plot on which the apartment building is located:

name of the partnership or cooperative, operating hours, address of the official website on the Internet (if available), address of the official website of the state information system of housing and communal services on the Internet;

contact numbers of the partnership or cooperative, emergency dispatch services and emergency services of resource supply organizations;

notifications of upcoming work, equipment inspections, restoration work, and other events that may cause inconvenience for owners and users of premises in an apartment building or require the presence of such owners and users or their representatives in the premises at a certain time, indicating the time of such events;

notifications about changes in the amount of payment for residential premises and (or) utilities.

If the information specified in paragraphs two and three of this subclause changes, such information is subject to disclosure within 3 business days from the date of the change.

The information specified in paragraph four of this subclause must be disclosed no later than 3 business days before the date of implementation of the relevant activities.

The information specified in paragraph five of this subclause is subject to disclosure no later than 30 calendar days before the date of submission of payment documents to the owners and users of premises in an apartment building, on the basis of which payment for residential premises and (or) utilities will be paid in a different amount;

b) on the official website of the state information system of housing and communal services on the Internet, information provided for by the legislation of the Russian Federation on the state information system of housing and communal services.

The chairman of the board of a partnership or cooperative or an employee who is assigned responsibilities by the internal documents of the partnership or cooperative for organizing interaction with the owners and users of premises in an apartment building, assists them in finding the necessary information.

33. The management organization, partnership, cooperative does not have the right to restrict access to disclosed information to the owners and users of premises in an apartment building, and are also obliged to ensure the safety of disclosed information in the places where it is located, provided for by these Rules.

Media containing information that has lost its relevance cannot be stored.

34. The management organization, partnership or cooperative provides, upon request (application) of the owners and users of premises in an apartment building:

no later than the day following the day of receipt of the request (appeal) - any information from the list of information subject to disclosure in accordance with paragraphs 31 and these Rules. If the requested information affects the interests of an indefinite number of persons and, in the opinion of the management organization, partnership or cooperative, is disclosed to the required extent in the manner specified in paragraphs 31 and 32 of these Rules, and is relevant at the time of consideration of the request (application), the management organization, a partnership or cooperative has the right, without providing the requested information, to indicate the location of the requested information. The specified message is sent no later than the day following the day of receipt of the request (application), and through the communication channels provided for in paragraph 35 of these Rules;

within no later than 3 working days from the date of receipt of the request (application) - written information for the periods requested by the consumer on the monthly volumes (quantity) of consumed utility resources according to the readings of collective (common house) metering devices (if any), the total volume (quantity) of the corresponding utilities consumed in residential and non-residential premises in an apartment building, volumes (quantity) of utilities calculated using utility consumption standards, volumes (quantity) of utility resources consumed for the purpose of maintaining common property in an apartment building;

within no later than 3 working days from the date of receipt of the request (appeal) - information about the readings of collective (common house) metering devices for a period of no more than 3 years from the date of taking the readings;

within no later than 3 working days from the date of receipt of the request (appeal) - a copy of the act of causing damage to the life, health and property of the owner or user of premises in an apartment building, the common property of the owners of premises in an apartment building, containing a description of the damage caused and the circumstances in which such damage was caused as provided for by the Rules by resolution

within no later than 3 working days from the date of receipt of the request (appeal) - a copy of the act of violation of quality or exceeding the established duration of the break in the provision of services or performance of work, provided for by the Rules for changing the amount of payment for the maintenance of residential premises in the case of the provision of services and performance of management work, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491;

within no later than 3 working days from the date of receipt of the request (appeal) - a copy of the inspection report on the provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration, provided for by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354;

other information - within the period established by the relevant regulations legal acts of the Russian Federation, the obligation to provide which by the management organization, partnership or cooperative to the owners and users of premises in apartment buildings is provided for by the legislation of the Russian Federation.

35. A request (appeal) can be sent via postal item, an electronic message to the email address of the management organization, partnership or cooperative, the state information system of housing and communal services, as well as with the express owner or user of the premises in an apartment building or through the concierge of the apartment building, if the concierge service is provided for in the management agreement of the apartment building, and also expressed orally, including at the reception. The official response is sent through the same communication channels through which the request (appeal) was received, unless otherwise indicated by the applicant.

36. The period for responding to a request (application) from the owner or user of premises in an apartment building on issues not listed in paragraphs 31 and these Rules is no more than 10 working days from the date of receipt by the management organization, partnership or cooperative of the corresponding request (application) .

37. The response to an individual or collective request (application) of persons who are not owners or users of premises in an apartment building (hereinafter referred to as the applicant) is sent to the applicant within 30 calendar days from the date of registration of the request (application). The management organization, partnership or cooperative may extend the period for consideration of a request (application) by no more than 30 calendar days if preparing a response requires obtaining information from other persons, notifying the applicant of the extension of the period for consideration. A notice of extension of the period for consideration of a request (application), indicating the reasons for such an extension, is sent to the applicant before the expiration of the 30-day period for consideration of the request (application) using the state information system of housing and communal services or in writing using a sending method that allows you to set the date sending or confirming the fact of delivery (receipt).

38. The managing organization, partnership or cooperative is required to store the request (application) and a copy of the response to it for 3 years from the date of its registration.

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Good afternoon, initially the Developer must have the documentation, then he transfers it to the selected senior person in charge of the house in accordance with the form of management of the house you have chosen.

Make a written request to the Developer.

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Hello.

Documentation is stored in a place determined by the decision of the general meeting, by the person responsible for such storage - it is also determined at the meeting. As a rule, it is kept by your “house manager”.

Regarding the list of documentation, it is established by the following regulatory act:

24. Information about the composition and condition of common property is reflected in the technical documentation for an apartment building. Technical documentation for an apartment building includes:

The developer gives instructions:

25. A developer carrying out the construction, major repairs or reconstruction of an apartment building is obliged to hand over, against receipt, within one month after receiving permission to put the facility into operation, copies of the operating instructions for the apartment building (each on paper and electronic media):
the first copy - to a homeowners' association created in accordance with Article 139 of the Housing Code of the Russian Federation by persons who will have ownership of premises in an apartment building under construction;
the second copy - at the request of the first person who applied, who is the owner of residential premises in such a house (if the partnership has not been created);
the third copy - to the municipal archive of the urban settlement or municipal district on the territory of which the apartment building is located.

The following documents are also stored:

c) a copy of the urban planning plan of the land plot certified by the authorized body of local self-government in the established form (for apartment buildings, the construction, reconstruction or major repairs of which were carried out on the basis of a building permit obtained after the Government of the Russian Federation established the form of the urban planning plan of the land plot);

27. Responsible persons are obliged to accept, store and transfer technical documentation in accordance with the procedure established by the legislation of the Russian Federation for an apartment building and other documents, make necessary changes to them related to the management of common property.

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1) who should have technical documentation for the house
Dmitry

Hello, the documentation should be kept by any of the owners whose name is indicated in the minutes of the general meeting (in your case it will most likely be the eldest in the house)

Housing Code of the Russian Federation, Article 162. Management agreement for an apartment building
10. Management organization thirty days before termination of the management agreement for an apartment building is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a house newly selected management organization, homeowners' association or housing cooperative or other specialized consumer cooperative, or in the case of direct management of such a house by the owners of premises in such a house, to one of these owners, specified in the decision of the general meeting of these owners on the choice of method of managing such a house, or, if such owner not specified, to any owner of premises in such a house.

2) what list of documents does it include?
Dmitry

Decree of the Government of the Russian Federation dated August 13, 2006 N 491 (as amended on May 30, 2016) “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration"
24. Information about the composition and condition of common property is reflected in the technical documentation for an apartment building. Technical documentation for an apartment building includes:
a) documents for technical accounting of the housing stock, containing information about the condition of common property;
a(1)) documents for installed collective (common building) metering devices and information on their repair, replacement, verification, information on equipping premises in an apartment building with individual, common (apartment) metering devices, including information about each installed individual, general (apartment) metering device ( technical specifications, year of installation, fact of replacement or verification), date of the last technical condition check and the last control reading;
b) documents (acts) on the acceptance of the results of work, estimates, inventory of work for carrying out routine repairs, provision of services for the maintenance of the common property of the owners of premises in an apartment building;
c) certificates of inspection, checking the condition (testing) of utilities, metering devices, mechanical, electrical, sanitary and other equipment serving more than one room in an apartment building, structural parts of an apartment building (roof, enclosing load-bearing and non-load-bearing structures of an apartment building, objects located on a land plot and other parts of common property) for compliance of their operational qualities with established requirements;
c(1)) certificates of inspection of readiness for the heating period and issued certificates of readiness of an apartment building for the heating period;
d) instructions for operating an apartment building in the form established federal body executive power, carrying out the functions of developing public policy and normative legal regulation in the field of construction, architecture, urban planning and housing and communal services. The specified instructions include recommendations from the developer (contractor) for the maintenance and repair of common property, recommended service life of individual parts of the common property, and may also include recommendations from designers, suppliers of building materials and equipment, and subcontractors.
26. Other documents related to the management of an apartment building include:
a) a copy of the cadastral plan (map) of the land plot, certified by the body carrying out activities for maintaining the state land cadastre;
b) an extract from the Register containing information about registered rights to real estate objects that are common property;
c) a copy of the urban planning plan of the land plot certified by the authorized body of local self-government in the established form (for apartment buildings, the construction, reconstruction or major repairs of which were carried out on the basis of a building permit obtained after the Government of the Russian Federation established the form of the urban planning plan of the land plot);
d) documents indicating the content and scope of the easement or other encumbrances, with the attachment of a plan certified by the relevant organization (body) for state registration of real estate objects, on which the scope and boundaries of the easement or other encumbrances relating to part of the land plot are marked ( if there is an easement);
e) design documentation (copy of design documentation) for an apartment building, in accordance with which the construction (reconstruction) of an apartment building was carried out (if available);
d(1)) lists of owners and tenants of premises in an apartment building, as well as persons using common property in an apartment building on the basis of contracts (by decision of the general meeting of owners of premises in an apartment building), compiled taking into account the requirements of the legislation of the Russian Federation on the protection of personal data ;
e(2)) agreements on the use of common property of the owners of premises in an apartment building;
d(3)) originals of decisions and protocols general meetings owners of premises in an apartment building;
f) other documents related to the management of an apartment building, the list of which is established by a decision of the general meeting of premises owners.

3) is it possible to request copies of these documents to the senior person in the house?
Dmitry

They are obligated to hand over to you, you must request and the developer is obliged to hand over the documentation

Technical documentation for an apartment building is a whole complex of legally significant papers that contain important data about its condition and characteristics. Such documents include cadastral plans, passports, instructions of various kinds, extracts from state registers, and so on.

All technical papers are important for residents of an apartment building when exercising their rights in terms of common ownership of property. Considering the importance of this documentation, its storage, verification and transfer are entrusted to management organizations or resident councils. Today we will talk in more detail about for what purposes, by whom and in what order technical documents for an apartment building can be used.

The scope of MKD documentation is regulated by Decree of the Government of the Russian Federation No. 491 and Decree of the State Construction Committee of the Russian Federation No. 170

Questions related to technical documents for an apartment building (ABC) most often arise among organizations that monitor their content. Many representatives of these companies refer or actually complain about the legislation of the Russian Federation, which extremely weakly and meagerly regulates the process of storage, use and transfer of technical documents.

In practice, such accusations are partly true, but mostly unfounded. If you delve deeper into the study of the relevant laws of our country, then you can deal with all the questions regarding technical papers on the MKD without much difficulty.

The legal basis for the topic being discussed today is set out in detail in a number of legislative acts of the Russian Federation regulating aspects of the maintenance and commissioning of housing facilities. The main regulator of the issue is considered to be Resolution of the Government of the Russian Federation No. 491 dated August 13, 2006. Particular attention should be paid to paragraphs 24 and 26 of the act, which reflect the basic list of technical documents for MKD. As practice shows, the papers reflected in the resolution are used by most management organizations when monitoring multi-apartment housing properties.

The second most important document regulating issues regarding the content, storage and transfer of technical documents to MKD is the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003, number 170. A number of paragraphs of this act list the so-called technical documentation for long-term storage. If Resolution 491 of the Government of the Russian Federation defines a general list of required papers, then Act 170 specifies a wider list of technical documents. It includes technical, accounting, and other types of documentation.

According to the urban planning and housing legislative acts of the Russian Federation, documentation for MKD includes not only technical papers, but also instructions for their operation.

On at the moment Almost all apartment buildings in Russia have these documents at their disposal. They are absent only in fairly old construction projects. The storage, use and transfer of technical papers to the apartment building is carried out by the apartments in it or their representatives represented by management companies or associations, tenants' associations.

Bodies or specific persons responsible for the safety of technical documents must work with them in accordance with generally accepted standards for managing MKD. They are reflected in detail and in full in the Decree of the Government of the Russian Federation under number 416. In principle, on the noted acts consideration legislative framework The topics of this article can be completed. In order to understand its main provisions, familiarization with the reviewed regulatory documents is sufficient.

The essence of technical documentation for MKD and its list

MKD technical documentation is a list of technical documents, accounting and other papers that, to one degree or another, relate to a given property.

Technical documentation for MKD is a whole list of papers, which has already been noted earlier. To summarize as much as possible this definition, then the following functions of technical documents should be highlighted:

Description of material (technical) information about a specific housing property.
Reflection of important aspects of its maintenance and use (inventory, repairs carried out, etc.).
Determining the possibility of carrying out any legally significant actions on the MKD.

As noted above, the list of technical documentation is reflected in two acts:

491st resolution of the Government of the Russian Federation.
170th Resolution of the State Construction Committee.

The list of papers reflected in them is slightly different, so they are often combined into a single, inseparable whole. In principle, such an approach to determining the list of papers of a technical nature is justified and takes place in the jurisprudence of the Russian Federation. Moreover, due to some complexity of the laws, it is precisely this that allows the same management companies to avoid unnecessary delays when maintaining apartment buildings. Considering this state of affairs, let us pay attention to the lists of technical documentation from both legislative acts.

Resolution 491 of the Government of the Russian Federation did not do without:

MKD technical passport;
documentation of facility metering devices;
acts of “acceptance” and annexes to them;
acts of periodic inspections and inspections of a housing facility;
MKD operating instructions;
extracts from the Unified State Register for the house as a real estate property;
project papers (their certified copies);
cadastral and urban planning documentation for both the MKD itself and the land underneath it;
all papers issued at the general meeting of apartment building residents;
documentation of a different form, similar in purpose to that noted above (for example: a conclusion about the unsuitability of the apartment building for habitation or the need for urgent repairs of its individual components).

As for Gosstroy Resolution No. 170, it contains the following list:

All technical plans MKD and its land plot;
design and estimate papers;
executive drawings;
acts of “acceptance”, inspections, inspections and similar actions on the house;
documents with information about all permanent and temporary owners of the house;
diagrams and passports of all communication and other systems of MKD;
technical documentation of an object of any form;
all papers issued at the general meeting of residents;
protocols for changes to the material part of the facility (change of electrical networks, ventilation, etc.).

That is, the technical documentation of the MKD is a list of technical documents, accounting and other papers that, to one degree or another, relate to a given object. The legislation of the Russian Federation approached the regulation of the list of such documents extremely competently. On the one hand, the list of documentation exists and is reflected in several acts, on the other hand, it is not final and, at the discretion of those responsible for maintaining technical papers, can be supplemented.

All documents included in the lists discussed above are important for the MKD from the point of view of legally significant procedures over it. Thus, without technical documents it will simply not be possible to register redevelopments in a property or officially change communication plans. The basis for technical documentation is the MKD technical passport. This document contains basic information:

about the material characteristics and properties of the object;
about its different types of layouts;
about other important information about the house (its drugs, calculation of system efficiency, etc.).

In fact, the technical passport of an MKD contains a basis of data about it, which is reflected in more detail in other technical documents. Considering this, it is important to approach the design of your home extremely responsibly. At a minimum, authorized persons need to ensure compliance with basic legal standards. The procedure for registration, appearance and profile features of the passport are reflected in the Federal Law under number 261, the same resolution of the Government of the Russian Federation under number 491, the 170th Resolution of the State Construction Committee and a number of other acts.

rules of storage and use

Work with MKD documentation must comply with legal requirements for storage and use.

The procedure for using and storing technical documentation on MKD is determined by a number of legislative acts of the Russian Federation. The main regulator of this issue is Government Resolution No. 491. According to its provisions:

Technical documents for an apartment building do not have a validity period, as a result of which they can be stored for an unlimited amount of time. The exception is those documents that require periodic updating in accordance with the law. Thus, the technical passport of an apartment building requires updating every 5 years with an inventory of the facility. Or various types of statements, reference papers, journals and minutes of residents’ meetings are also valid and require storage for 5 years after publication.
Designated persons are responsible for receiving, storing, transferring and other actions on documentation. As a rule, they are representatives of the residents' association or the management company chosen by them.
In the process of using technical documents, responsible persons must comply not only with the rules from the acts already considered, but also with the Federal Law No. 125 of April 22, 2004 “On archival affairs in the Russian Federation", as well as related regulatory documents.

In principle, there are no difficulties in storing and using technical documents. To carry out these procedures correctly from the point of view of the law, it is enough to study a couple of legislative acts and fully comply with their provisions.

Broadcast

Transfer of technical documentation is carried out in 5 steps.

As practice shows, the greatest difficulties for citizens of the Russian Federation are caused by the procedure for transferring technical documentation to MKD. In fact, there is nothing complicated about it. The procedure for transferring technical documents to an object is primitive and consists of 5 stages:

The need to transfer papers from one person to another is determined, for example, from the HOA to the management organization or from one HOA to another. More details about when the transfer of technical documents is required will be discussed below.
The relevance of available documents and the usefulness of the existing list are checked. New HOAs or management organizations are responsible for this, and not those that transfer the documentation to them. By the way, old owners must transfer all papers within 30 days.
Then the organization or partnership that accepted the technical documentation, if there is a corresponding need, requests the missing papers from the old owners (if there is none, it restores them).
Next, a list of technical documents is formed and any controversial issues on transfer of papers.
At the final stage, it remains to formalize the transfer by concluding an acceptance certificate. Naturally, this document is concluded between the old management organization or HOA and the new owners of technical papers.

The terms of transfer are limited by law. According to a number of acts:

within 30 days, the old persons responsible for the technical documents must transfer them to the recipients for verification;
within 3 months from the date of acceptance of the papers for verification by the new owners of the technical documentation, all issues regarding their transfer must be resolved and the corresponding act must be concluded.

Any controversial situations are resolved either through, or through special urban planning commissions, or through the courts.

Reasons for transferring documents and execution of the act

The transfer act is signed by the responsible persons and becomes effective immediately at the moment of signing.

The main reason for transferring technical documentation to an apartment building is a change in the persons responsible for them. It can happen for absolutely any reason, but in any case it determines that the real HOAs or management organizations are replaced with new ones.

It is from the old owners of the securities that they are transferred to the new persons responsible for their storage. Also, the transfer of technical documents may be required when putting the apartment building into operation. In this case, the papers are transferred by the developer either to the residents or to managers chosen by them.

There are no particular difficulties in transferring technical documents. The main thing is to carry out the procedure in the order described earlier. A rather important stage in its implementation is the execution of the transfer and acceptance certificate. As a rule, it is not drawn up in a separate document, but is reflected in the clause of the general “acceptance” act, which is concluded between the old HOAs or management organizations and the new ones. The general procedure for document preparation is as follows:

Persons or organizations transferring powers to each other check the current state of the MKD and documentation for it.
If there are problems, they are resolved either peacefully or in court.
After this, the corresponding standard transfer and acceptance certificate is concluded.

IN this document must be reflected:

Results of the work of the acceptance committee.
The fact of transfer and a list of all transferred technical documentation to the MKD.
Basic information about the facility (plans, sanitary passports, etc.).

The act is signed by the responsible persons and begins to take effect immediately at the moment of signing. From this time on, persons accepting the ICD and its technical documents must begin to fully fulfill their duties.

Examples on controversial issues

Complex controversial situations end in litigation.

Controversial situations regarding documentation for apartment buildings arise in many cases when a change of homeowners association or management organization is implemented. For the most part, their character concerns two aspects:

The first situation is that the old managers have not fulfilled their responsibilities in full and do not want to fulfill them when transferring MKD and documentation to the facility.
2nd situation – old managers did not provide full list new technical documents.

Of course, resolving such issues is much easier and faster in a peaceful manner. However, this is not always possible due to the dishonesty of the actions of those in charge. In such situations, there is only one solution left - litigation.

Judicial debates regarding the transfer of documents to the apartment building and the object itself are among the most complex in the jurisprudence of the Russian Federation. This is due to the fact that relations in this area are regulated by many legislative acts, which is why each party to the dispute can interpret the law for its own purposes. Given this, if you want to win a debate of this type, it is important to enlist the help of a professional and specialized lawyer.

Typical results litigation according to the MKD the following are considered:

denial of plaintiffs' claims;
imposition on defendants;
forcing the latter to perform certain actions (for example, confiscating technical documents from the old management company).

In principle, this concludes the most important provisions on the topic of today’s article. As you can see, the phenomenon of technical documentation on MKD is clearly regulated by law and is extremely easy to understand. We hope that the material presented was useful to you and provided answers to your questions.

Watch a video about the documentation required to manage an apartment building:

16.11.2018

MKD technical documentation: what does it include?

Many management organizations have a question: what is included intechnical documentation MKD , mandatory for storage? Some MAs complain that this issue is not completely clear, because the legislation provides a vague list. In reality this is not the case. The law is quite clear about the composition, storage and updating of TD.

List of documents

List of documents included in the technical documentation MKD , defined inDecree of the Government of the Russian Federation N 491 of August 13, 2006 (clauses 24 and 26). These are the documents that contain information about the composition and condition of the common property:

· technical passport of the house;

· documents for metering devices;

· documents on acceptance of work results, estimates, inventory of work;

· inspection reports, condition checks;

· inspection reports and issued certificates of readiness for the heating period;

· MKD operating instructions;

· cadastral plan of the land plot;

· extract from Rosreestr;

· urban planning plan of the land plot;

· documents on the validity of an easement or other encumbrance;

· design documentation;

· lists of owners, tenants and tenants;

· agreements on the use of common property of apartment buildings;

· decisions and minutes of general meetings of owners;

· other documents.

The listed documents are transferred from the developer, the previous management authority or the owners (if the house was under direct management). Documents such as MKD operating instructions and design documentation, the MA may not have it if they were lost for some reason. This primarily applies to old houses built in the last century or earlier.

Other documents that are not always available are agreements on the use of common property of apartment buildings and documents on the validity of an easement or other encumbrance. Obviously, they are only available in those apartment complexes whose owners rent out the property or have agreed to the establishment of an easement.

Let us clarify that an easement is the right to limited use of someone else’s real estate. It can be installed, for example, to lay communications, or it could be permission to lay some utility networks or a road through your site, which will be used by the owners of other houses.

On the contrary, an urban planning plan for a land plot is a document that is needed for new houses. From the moment a town planning plan was adopted in your city, its presence in technical documentation for MKD built after its adoption becomes mandatory.

Some of these documents are stored unchanged, and some are updated: this is information about the owners and tenants of premises in apartment buildings, as well as about persons using information in apartment buildings on the basis of contracts, including maintaining lists. This is established by the MKD Management Standards, which were introducedDecree of the Government of the Russian Federation N 416 . Accordingly, lists of owners, tenants and tenants must be regularly updated, because their composition changes.

To be updated technical passport of an apartment building , this is done once every 5 years after inventory. If, for example, the area of an apartment has changed after redevelopment, then changes are made first to the registration certificate of the apartment, and then to the registration certificate of the entire house.

An extract from Rosreestr is also being updated, which contains information about who owns residential and non-residential premises.

Reception and transmission of technical documentation

We would like to draw your attention to the fact that you need to take an extremely responsible approach to the issue of the completeness of technical documentation and its timely updating. Because in the event of transfer of the apartment building to another management organization, HOA or owners for management, all technical documentation must be transferred in full within 30 days. If any documents are missing or lost, they must be restored. (Order reception and transmission of technical documentation installed inDecree of the Government of the Russian Federation N 416 .)

When accepting and transmitting a TD, the new MA checks not only the presence of all documents, but also their relevance at the time of transfer. If any problems arise here, the new UE indicates in the transmission and reception protocol that it requires restoration or updating. After this, the previous MA is obliged to restore or update the documents within 3 months, and then transfer them under a separate acceptance certificate to the newly selected MA.

And no matter what reasons the old MA refers to for the lack of technical documentation, it is obliged to transfer it, which clearly follows fromresolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation . According to it, the absence or loss of a TD does not terminate the obligation to transfer it.

If after 3 months the documents have not been transferred to the new MA, you can safely go to court, the State Housing Property Inspectorate, or the prosecutor’s office. And this is a completely adequate measure, since otherwise it will be impossible to fully manage the house. This will also allow you to insure yourself in case of transfer of the MKD to another MA - to avoid the costs of restoration of technical documentation (after all, the costs in this case fall on the management company) and possible fines.

If you have any questions, you can always contact us for advice. We also help management companies comply 731 RF PP on the Information Disclosure Standard (filling out the portal Housing and communal services reform, website of the Criminal Code, information stands) and Federal Law No. 209 ( ). We are always happy to help you!

What reasons for the loss of house documentation are considered valid?

Documents deteriorate, get lost, perish - it is not always possible to provide them upon request to the inspection body or the new MA. But not every reason for the destruction of house documentation can be considered valid for avoiding liability for Art. 7.23.2 Code of Administrative Offenses of the Russian Federation . Details in today's article.

The value of home documentation

The value of technical documentation for a home is increasing - recently publishedDecree of the Government of the Russian Federation dated March 27, 2018 No. 331 , it somewhat changed the approach to understanding operation. If earlier it was “proper maintenance”, now it is “maintenance in proper technical condition”.

This year in generaltightened the procedure and deadlines for transferring documentation to MKD – the management organization must collect and transfer to the new MA within three days:

· technical documentation and other related MKD management documents;

· keys to premises included in the common property;

· electronic access codes for equipment and other technical means necessary for the operation of the MKD.

This is provided Part 10 Art. 162 Housing Code of the Russian Federation , failure to comply with requirements will result in a fineArticle 7.23.2 of the Code of Administrative Offenses of the Russian Federation .

Responsibility for failure to provide documentation

TO administrative responsibility By Art. 7.23.2 Code of Administrative Offenses of the Russian Federation The management organization will be attracted if it refuses to transfer technical or other documentation to the house, evades transfer, or violates the procedure and deadlines for transferring documents.

For citizens there will be a fine of 2,000 to 5,000 rubles, for officials - from 30,000 to 40,000 rubles and for legal entities - from 150,000 to 200,000 rubles. For repeated violation official disqualified for a period of one to three years.

But liability can be avoided, and the documentation for the house will not have to be restored if it can be proven that she died for a good reason.

Valid reasons for the destruction of documentation

There are several good reasons for the loss of documents:

1. Fire.

2. Flooding.

3. Lost, theft.

4. Action of force majeure.

5. Other circumstances.

Burning documents and then saying that force majeure happened, a terrible fire in which everything was lost, will not work. Your words must be supported by documents.

If in the Nth year there was a fire in which, for example, the original decisions and minutes of general meetings of owners were burned, you should have in your hands: a certificate from the State Administration fire service, a protocol for examining the scene of the incident, an inventory report and a commission report on the fire, which establishes the cause of the fire. Scroll necessary documents fixed inletter of the Federal Tax Service of the Russian Federation for Moscow dated October 23, 2006 No. 20-12/92773 .

The documents were lost as a result of the flooding of the management organization's office and there is no way to restore them. Make sure that the water supply and sewerage service organization has issued you a certificate about the fact and cause of the flooding. As evidence of flooding, you will need a defective list (inventory), which will provide a list of damaged property, documents and the extent of damage.

Photographs, an inventory report and a flood commission report will also be required.

If the documentation for the house was stolen directly from the office of the management organization, you need to promptly write a statement to law enforcement agencies about the fact of theft.

Evidence of loss or theft will be a resolution to initiate or refuse to initiate a criminal case regarding the theft of documents, an inventory act and a commission act. The commission act is drawn up with the participation of representatives of law enforcement agencies and security, if any.

Earthquakes, floods and other force majeure events happen. After you come to your senses, obtain a certificate from the local or regional Chamber of Commerce and Industry indicating the fact of force majeure.

Then take a screenshot of the pages of the official website of the local government about the fact of force majeure and draw up an inventory act and a commission act. If possible, draw up a commission act with the participation of representatives of the Chamber of Commerce and Industry and local government.

And finally, other circumstances. They could be the inattention of the lawyer to whom you handed over the documents, but he lost them or spoiled them, or the sluggishness of your employees, through whose fault the documents were lost. In these cases you will need:

· certificates, conclusions, other letters, acts of relevant authorities, third-party organizations;

· explanatory notes from employees about the fact of the destruction of the document;

· inventory act;

· commission act.

Remember that not every reason for the loss of house documentation can be considered valid. To avoid liability for Art. 7.23.2 Code of Administrative Offenses of the Russian Federation , you need to be prepared to back up your words with documents.

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