ACT OF GENERAL INSPECTION OF THE COMMON PROPERTY OF AN APARTMENT BUILDING.

RECOMMENDATION provided by experts of the help system “Management of an apartment building”

Inspection of the common property of the owners of premises in an apartment building is an integral part of its maintenance.

The purpose of inspecting common property is to establish the fact that its condition does not comply with legal requirements or there is a threat to the safety of life and health of citizens.

This is provided for in sub-clause “a” clause 11 of the Rules for the maintenance of common property in an apartment building, approved. Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 (hereinafter referred to as the Rules for the maintenance of common property).

What types of examinations are there?

Inspections of the condition of the common property of premises owners in apartment buildings can be scheduled or unscheduled.

Routine inspections include:

• general, aimed at inspecting common property as a whole, including structures, engineering equipment and external landscaping;
• partial – inspections of individual elements of common property.

This division is proposed in clause 2.1.1 of the Rules and Standards for the Technical Operation of the Housing Stock, approved. Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170 (hereinafter referred to as Rules No. 170).

Assemble an inspection committee

A special commission is created to conduct an inspection of a residential building. The members of the commission are elected officials of the MA and at least one representative of the council of the MKD. The inspection procedure is described in clause II of the Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 and includes:

• home inspection,
• drawing up an act,
• creating a list of necessary measures based on the inspection results.

Inspection of some elements of communication systems may require the participation of a specialized specialist. In this case, employees of the management or contracting organization are involved.

In what cases what inspections should be carried out?

Scheduled inspections are carried out in accordance with the terms of the apartment management agreement and the annual plan. You can approve an internal document (schedule) that will indicate the frequency of scheduled inspections. Unscheduled inspections must be carried out:

• after heavy rains, hurricane winds, heavy snowfalls, floods and other natural phenomena causing damage to individual elements of common property in the apartment building;
• in case of accidents on external communications or when detecting deformation of structures and malfunction of engineering equipment that violate the conditions of normal operation.

Important!

Always conduct a general inspection of the condition of the common property in an apartment building when starting to manage a new apartment building for yourself and transferring the “old” house to another management company. The same rule applies in the case of creating an HOA. This way you will protect yourself from unnecessary claims in the future. The purpose of the inspection is to record the condition of the property at the time of transfer of the apartment building.

This is established in paragraph 2.1.1 of Rules No. 170.

Other cases in which management companies, homeowners' associations, residential complexes, housing cooperatives must conduct unscheduled inspections may be provided for in a management agreement, an agreement for the provision of services or the performance of work on the maintenance of common property in an apartment building.

Situation: Is it necessary to involve members of the MKD council to participate in inspections?

The legislation does not establish such an obligation. At the same time, the mandatory presence of members of the MKD council during any inspections or their specific types may include:

• terms of the MKD management agreement;
• additional powers that the general meeting of owners of premises in the apartment building transferred to the chairman of the council (clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation).

How often should inspections be carried out?

General inspections must be carried out twice a year - in spring and autumn (before the start of the heating season).

The recommended frequency of planned and partial inspections of elements of common property in apartment buildings is given in Appendix No. 1 to Rules No. 170. This is specified in clause 2.1.1 of these rules.

It is better to record the frequency of inspections by the management organization of apartment buildings:

• under the terms of the MKD management agreement - if the house is managed by the MA;
• in the manner determined by the charter of the HOA, housing complex or housing cooperative, if the house is directly managed by one of these organizations;
• in a decision of a general meeting of owners of premises in an apartment building or in an agreement for the provision of services and (or) performance of work on the maintenance and repair of common property - with the direct method of managing the house.

This is established by clause 2 of the Rules for the provision of services and performance of work necessary to ensure the proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated April 3, 2013 No. 290.

Set the frequency of scheduled inspections

Residents complain: the basement is flooded, the roof is leaking, the façade has collapsed. The management organization is to blame for not monitoring the unsatisfactory condition of the house in time.

Scheduled inspections with a complete description of the condition of structures and the complex of infrastructure systems providing heat, water and electricity supply, drainage, ventilation, allow you to have up-to-date information about the managed facility and timely implement the plan for routine and major repairs.

Seasonal general inspections of apartment buildings are carried out at least twice a year, usually in the off-season - in spring and autumn. Based on their results, spring and autumn inspection reports are drawn up, respectively.

The purpose of such activities is to identify the causes of defects and determine a work plan to eliminate them. During inspections, the correct use and maintenance of residential premises is monitored - compliance with the requirements provided for in Art. 17 Housing Code of the Russian Federation.

In addition, every spring it is recommended to instruct owners and tenants on the procedure for maintaining residential premises, the rules for using utilities, electric stoves, gas-powered appliances, and other equipment. And also explain fire safety requirements. This is necessary to maintain and update knowledge of how to properly use the premises of apartment buildings without harm to yourself and others. Instruction is carried out by the responsible person of the management organization, most often the chief engineer.

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Who organizes inspections and who takes part in them

General scheduled as well as unscheduled inspections are carried out by the organization managing the apartment building.

If the management company manages the house in which the HOA (residential complex, housing cooperative) has been created, then a representative of the HOA board must participate in the inspections. This is provided for in clause 2.1.2 of Rules No. 170.

Inspections of individual elements of apartment buildings that are serviced by specialized organizations must be carried out with the involvement of responsible employees of these organizations. For example, they must participate in the inspection of elevators, fire alarm systems, in-house gas equipment, and ventilation systems.

Note Application of Rules No. 170

Rules and regulations for the technical operation of housing stock, approved. Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170, must be observed despite the fact that they are officially applied on a residual basis.

The Ministry of Construction of Russia clarified that Rules No. 170 apply to the extent that they do not contradict current legislation (letter dated May 24, 2016 No. 19304-OG/04).

If the management agreement does not contain the obligation of the management company to perform work and provide services provided for by Rules No. 170, then they are of a recommendatory nature. The fact is that federal executive authorities have the right to issue only advisory acts in the field of technical regulation. This is determined by Part 3 of Art. 4 of the Federal Law of December 27, 2002 No. 184-FZ.

In practice, housing supervision authorities hold organizations managing apartment buildings administratively liable if they do not perform the work and services provided for by Rules No. 170. The organization can be fined up to 50 thousand rubles. according to Art. 7.22 Code of Administrative Offenses of the Russian Federation. The court will most likely support the position of the housing inspectorate. See, for example, decisions of the Supreme Court of the Russian Federation dated November 18, 2016 No. 307-AD16–10217 in case No. A26-10959/2015, dated November 30, 2015 No. 307-AD15–14917 in case No. A66-3331/2015.

How to draw up an inspection report for common property

Record the results of the inspection in the report. This is required by clause 14 of the Rules for the maintenance of common property and clause 2.1.4 of Rules No. 170.

The act can indicate the fact that the common property has reached the level of maximum permissible characteristics of the reliability and safety of the apartment building or its individual elements (clause 22 of the Rules for the maintenance of common property).

The act must be signed by the persons present during the inspection.

Based on the act, make decisions:

• on the compliance or non-compliance of common property (its elements) with the requirements of the law;
• on necessary measures for the repair and modernization of common property.

For example, based on the results of the inspection, you can draw up plans for ongoing repairs, programs for increasing energy efficiency in apartment buildings, or convene a general meeting to decide on the issue of carrying out ongoing repairs of the house.

The owners of premises in apartment buildings also have the right to make such decisions (clause 14 of the Rules for the maintenance of common property).

Conduct autumn and spring inspections of the apartment building

The spring general inspection is part of the preparation of the apartment building for the next winter season. For a comprehensive check of engineering systems, it is carried out after turning off the central heating.

The autumn home inspection takes place before the start of the heating season. Based on its results, the management assesses the readiness of the apartment building for the winter period.

Seasonal inspections follow the same pattern. The commission is studying the current state of the building’s structures, communications, and surrounding area. Based on the results of the inspection, faulty components and the required amount of work for routine or major repairs are recorded in the journal for recording the results of general inspections of the apartment building.

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What to do after drawing up an inspection report of common property

Within a month from the date of drawing up the act, you are obliged to:

• clarify the scope of work on current repairs (for the current year - based on the results of the spring inspection, for the next year - based on the results of the autumn);
• issue recommendations to owners of premises in apartment buildings to carry out routine repairs;
• identify faults and damages, the elimination of which requires major repairs.

In addition, depending on the type of inspection, you will need:

• based on the results of the spring inspection, draw up a list of activities and establish the scope of work necessary to prepare the MKD and its engineering equipment for operation in the next winter period;
• based on the results of the autumn inspection - check the readiness of the MKD for operation in winter conditions.

Such responsibilities are defined in paragraph 2.1.5 of Regulation No. 170.

ACT OF GENERAL INSPECTION OF THE COMMON PROPERTY OF AN APARTMENT BUILDING.

Vladivostok, Red Banner 118.

The commission consists of:
Chairman of the commission Chairman of the HOA “Prospekt Rassolenko N.V. Members of the commission: Resident of the house (apt. 84) Morozov V.A. Resident of the house (apt. 19) Shergin S.I.

A general inspection of the elements of the common property of the apartment building was carried out, and during the inspection the following was established:

RESULTS OF INSPECTION OF STRUCTURES AND ENGINEERING EQUIPMENT

Commission decision:

Commission consisting of:

Chairman of the commission:

Chairman of the HOA "PROSPECT" N.V. Rassolenko

Members of the commission:

Resident of the house (apt. 19) S.I. Shergin

Resident of the house (apt. 84) V.A. Morozov