Disagreements often arise among management organizations due to ignorance of the correct list of technical documentation. Many believe that legislation cannot clearly establish what is required of managers.
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However, if you study this issue a little deeper, you will notice that legislative acts provide not only for the composition of this list. In addition, the state has established periods for storing and updating certain documents, as well as rules for filling them out.
General information
Technical documentation is necessary to manage an apartment building. It contains a list of documents related to aspects of the use or maintenance of common property.
The technical documentation must be owned by the owners of the premises. They can receive them from different organizations:
- developer;
- management organization;
- previous owners.
The management organization may also have documentation.
Legal standards
Government Decree No. 491 establishes the basic rules for the use of common property. In particular, paragraph 24 of this act contains information that information about the condition of the common property and its composition must be included in the technical documentation. There is also a list of papers included in this package.
The conditions of storage, transfer and filling are regulated by other legislative acts. These include decrees of various authorities, the Housing Code and Federal legislation.
Technical documentation for an apartment building
Technical documentation is required for each apartment building or apartment building. In its absence, it will be difficult for the management organization to fully fulfill its responsibilities.
Any manager must know what is included in the list of technical documents, and which of them are most important.
Read about the procedure for recognizing housing as unsafe and unfit for habitation. How is land surveying carried out for an apartment building? See here.
Compound
The composition of technical documentation is established by Government Decree No. 491. This list includes the following papers:
- Technical passport of the building.
- MKD operating instructions. If the house was put into operation later than July 1, 2007, the document must comply with the standards established by the Order of the Ministry of Regional Development.
- Documents for all metering devices installed in the house.
- Acts of acceptance of work, inventory of work and estimates.
- Passport and inspection reports confirming the possibility of connecting heating or its absence.
- Records of inspections of the condition of the structure, equipment and other elements of the building for compliance with established standards.
- Documents confirming the existence of registered rights to common property.
- Papers containing information about various encumbrances, such as easements. Attached to them are certified building plates indicating the boundaries and scope of certain encumbrances.
- Copies of the design documentation of the house, on the basis of which the construction or reconstruction of the building was carried out.
- Urban planning plan of the site.
- Cadastral plan of the site.
- List of citizens who are owners of premises in the house or tenants.
- Agreements on the basis of which the common property is used.
- Minutes and decisions adopted during general meetings of owners.
Also, other papers may be included in the list of technical documentation for an apartment building. Thus, the package is supplemented by Decree of the State Construction Committee of the Russian Federation No. 170. This set of rules specifies technical documentation intended for long-term storage.
Registration certificate
The MKD technical passport is the most important document.
It is necessary so that citizens, government organizations and companies can know the most up-to-date information about:
- technical characteristics of the building;
- economic characteristics of the house;
- consumer properties of the building.
The technical passport must contain information related to the area and condition of the engineering systems and structural elements of the house. This information is obtained through a thorough visual inspection and other checks.
A home registration certificate may be needed in several cases:
- during planning of repair work;
- when planning expenses aimed at repairing and maintaining common property, including when calculating wages of employees;
- for conducting calculations of energy efficiency;
- to calculate accurate resource consumption;
- when maintaining a personal account at home;
- when calculating energy saving potential.
IV. On the procedure for transferring documents to an apartment building
As practice has shown, some management companies, in violation of the law, do not transfer documentation for apartment buildings to residents when the latter decide to change the form of management of an apartment building or simply choose another management company.
At the time of the adoption of the resolution of the mayor of Rostov No. 690, the majority of apartment buildings were under municipal management. The document provided for an official procedure for transferring documentation for apartment buildings to private management companies, HOAs or direct management.
For these purposes, it was necessary to contact the district authorities with an official statement using the developed form. Today, it can be used to write an application to a legal entity to transfer technical documentation to another.
Reception and transmission
During the transfer, be sure to ensure that the technical documentation for the apartment building contains a complete list of papers. If the management of the building passes into the competence of another organization, then along with the rights, all papers must be transferred. No more than 30 working days are allotted for this process. If certain acts are missing, they must be restored.
In 2021, responsibility for checking documents for the presence of all papers and their relevance rests with the receiving management organization.
If any problems arise during the transfer, the action is carried out according to the standard scheme:
- The new company must leave a corresponding note in the transfer and acceptance certificate.
- The old organization must make the necessary changes within 3 months.
- The operation begins again, but with a new acceptance certificate.
The reasons for the lack of documents can be absolutely any factors. But regardless of this, during the transfer the old management organization is obliged to restore the papers.
If the three-month period allotted for restoration has expired, the new management organization has the right to appeal to the Civil Housing Inspectorate, the court and the prosecutor's office. This measure is mandatory, since in the absence of any technical documentation the company cannot fully manage the house.
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State Housing and Construction Supervision Service of the Irkutsk Region
30.09.2019
Clause 19 of the Rules for the implementation of activities for the management of apartment buildings, approved by Decree of the Government of the Russian Federation dated May 15, 2013 No. 416 (as amended on September 13, 2018) (hereinafter referred to as the Rules), the organization that previously managed the apartment building and 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 an 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 the premises in apartment building for the management of this building, 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 indicated in the decision of the meeting on choosing the method of managing the apartment building, or, if such an owner is not indicated, any owner of the premises in this house according to the acceptance certificate no later than the period established by part 10 of article 162 of the Housing Code of the Russian Federation.
According to Part 10 of Article 162 of the Housing Code of the Russian Federation, the management organization, within three working days from the date of termination of the management agreement for an apartment building, is obliged to transfer technical documentation for the apartment building and other documents related to the management of such a house, keys to the premises that are part of the common property of the owners of the premises in an apartment building, electronic access codes to equipment that is part of the common property of the owners of premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, a newly selected management organization, a homeowners’ association or a housing or housing building cooperative or other specialized consumer cooperative, and in the case of direct management of such a house by the owners of the premises in such a house, one of these owners indicated in the decision of the general meeting of these owners on the choice of the method of managing such a house, or, if this owner is not indicated, any owner of the premises in such a house.
Also, by virtue of Part 3.1 of Article 161 of the Housing Code of the Russian Federation, upon termination of management of an apartment building by a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative, the specified partnership, cooperative within three working days from the date of the decision of the general meeting of owners of premises in the apartment building house about changing the method of managing such a house are required to transfer technical documentation for an apartment building and other documents related to the management of such a house, keys to premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property of the owners premises in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building, to the person who has assumed obligations to manage the apartment building, or in the case of choosing the direct method of managing an apartment building, to the owner of the premises in the apartment building specified in the decision general meeting of owners of premises in an apartment building on the choice of a direct method of managing an apartment building, or, if such an owner is not indicated, to any owner of premises in such an apartment building.
For failure by a management organization carrying out business activities to manage apartment buildings on the basis of a license, the above obligations within the prescribed period are subject to administrative liability under Part 3 of Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation, and by a homeowners' association, housing or housing-construction cooperative, by another specialized consumer cooperative - administrative liability under Article 7.23.2 of the Code of the Russian Federation on Administrative Offenses.
In accordance with paragraph 20 of the Rules, 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 dated August 13, 2006 No. 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.
In addition, 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 within 3 months from the date of receipt notifications provided for in paragraph 18 of these Rules, take measures to restore them and, in the manner prescribed by paragraph 22 of these Rules, transfer them under a separate act of acceptance and transfer of the organization chosen by the owners of premises in an apartment building to manage this house, the governing body of the partnership or cooperative, or in the case of direct management of such a house by the owners of the premises in this house, one of the owners indicated in the decision of the meeting on choosing the method of managing this house.
At the same time, according to the legal position of the Supreme Court of the Russian Federation, set out in the ruling dated July 10, 2019 No. 303-ES19-9889, if the technical documentation for an apartment building was not transferred into the possession of the “old” management organization, then it has no obligation to restore it . The obligation to restore technical documentation lies with the previous management company only if such documentation is transferred to it and it is lost by this organization.
However, it should be noted that the legal position of some scientific advisory councils at district arbitration courts does not coincide with the above-mentioned legal position of the Supreme Court of the Russian Federation, which recommended that the courts adhere to the position according to which the newly selected management organization has the right to demand the transfer of technical and other documentation necessary for the implementation of activities for the management and maintenance of common property, regardless of the absence or loss of such documentation by the previous management organization.
Thus, literally three weeks before the commented ruling of the RF Armed Forces, the Presidium of the Arbitration Court of the Moscow District approved the recommendation of the Scientific Advisory Council at the Arbitration Court of the Moscow District on this issue.
Where is it stored?
According to the rules established by Decree of the Government of the Russian Federation No. 491, the storage of technical documentation is carried out by specially selected responsible persons. Also, the rules for storing documentation are prescribed in Federal Law No. 125. However, the exact periods for storing documents are not specified in these acts.
However, you can find out the deadlines based on the order of the Ministry of Culture No. 558. It establishes a list of management archival documents with established storage periods. This list also includes technical documentation.
Currently it is known that:
- the management organization can independently select documents that can be stored for 5 years;
- some types of papers should be stored permanently;
- various protocols, in the case of management with the help of an HOA, must be stored on an ongoing basis.
According to paragraph 4 of Article 46 of the Housing Code of the Russian Federation, minutes obtained as a result of meetings of owners of apartment building premises should be stored in accordance with the results of the meeting. The same rule applies to recorded decisions taken at relevant events.
MKD technical documentation: what does it include?
Many management organizations have a question: what is included in the technical documentation of MKD , which is required for storage? Some MAs complain that there is no clarity on this issue because the legislation provides a vague list. In reality this is not the case. The law is quite clear about the composition, storage procedure and updating of technical documentation.
The list of documents that are part of the technical documentation of the MKD is defined in the Decree 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 company or the responsible owners (if the house was under direct management). Note that the MA may not have such documents as operating instructions for MKD and design documentation if they were lost for some reason or did not exist at all. This primarily applies to old houses built in the last century or earlier.
Other documents, which are also 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 buildings whose owners rent out the property or have agreed to the establishment of an easement.
Let us explain that an easement is the right to limited use of someone else’s real estate. It may be installed, for example, to lay communications, or it may 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 an urban development plan has been adopted in your city, its presence in the technical documentation for apartment buildings 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 Management Standards for Apartment Buildings, which were introduced by Decree of the Government of the Russian Federation N 416. Accordingly, lists of owners, tenants and tenants must be regularly updated, because their composition changes.
The technical passport of an apartment building must be updated ; this is done once every 5 years after the 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. Please note that there may also not be a current extract.
The most mysterious item in the list of technical documentation is “other documents”. The fact is that thanks to this clause, the list becomes essentially open - it can include any documents that have something to do with the management of apartment buildings. It is enough that the decision to include any of the documents in the technical documentation is made at the OSS by a simple majority of votes.
Such an “additional” document could be, for example, an agreement with a contractor or even some internal document of the management company - a salary sheet or staffing table. Please note that if such a decision is made at the OSS and agreed upon with the MA, the document will be included in the technical documentation. This means that then the owners will have the right to get acquainted with it.
The management company has the opportunity to anticipate such developments even at the stage of concluding a management agreement: it is enough to simply add a closed list of documents to it, having agreed upon it with the owners. Then the owners will not have the opportunity to expand this list.
It is necessary 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 entity, HOA/TSN 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 (the procedure for receiving and transmitting technical documentation is established in Decree of the Government of the Russian Federation No. 416).
When receiving and transmitting technical documentation, the new MA checks not only the presence of all documents, but also their relevance at the time of transmission. 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 from the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation. According to it, the absence or loss of technical documentation 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 Committee and 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 the event that the MKD is transferred to another MA - to avoid the costs of restoring technical documentation (after all, the costs in this case fall on the MA) and possible fines.
Based on materials from the RosKvartal website.
