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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 28, 2022 No. 1702

About approval of Rules of implementation of the state control (supervision) of observance by specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses, the requirements established by the housing legislation, the legislation on energy saving and on increase in energy efficiency to use and safety of housing stock irrespective of its pattern of ownership

According to part 15 of article 20 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of implementation of the state control (supervision) of observance by specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses, the requirements established by the housing legislation, the legislation on energy saving and on increase in energy efficiency to use and safety of housing stock irrespective of its pattern of ownership.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of September 28, 2022 No. 1702

Rules of implementation of the state control (supervision) of observance by specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses, the requirements established by the housing legislation, the legislation on energy saving and on increase in energy efficiency to use and safety of housing stock irrespective of its pattern of ownership

I. General provisions

1. These rules establish procedure of the state control (supervision) of observance by specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses (further respectively - capital repairs, regional operators), the requirements established by the housing legislation, the legislation on energy saving and on increase in energy efficiency to use and safety of housing stock irrespective of its pattern of ownership (further respectively - requirements, control (supervision).

2. Control (supervision) is exercised by the executive bodies of subjects of the Russian Federation exercising regional state housing control (supervision) (further - body of the state housing supervision) according to these rules.

3. The officials authorized on control (supervision) are:

a) the head of body of the state housing supervision who is on position the chief state housing inspector of the subject of the Russian Federation and his deputies who are on position deputy chief state housing inspectors of the subject of the Russian Federation;

b) heads of structural divisions of body of the state housing supervision to whose job responsibilities according to official regulations implementation of powers on control (supervision) belongs;

c) officials of structural divisions of body of the state housing supervision whose official regulations provide powers on control (supervision).

4. The officials authorized on decision making about holding control (supervising) actions are the head of body of the state housing supervision and its deputies.

5. Objects of control (supervision) are activities, actions (failure to act) of the regional operator within which requirements shall be observed.

6. Subject of control (supervision) is observance of the following requirements by the regional operator:

a) requirements to preparation and the direction to owners of rooms in the apartment house of offers on starting date of capital repairs, the necessary list and amount of the services and (or) works, their cost, procedure and sources of financing of capital repairs and other offers connected with carrying out such capital repairs;

b) requirements to ensuring carrying out capital repairs concerning the apartment house, owners of rooms in which create fund of capital repairs on the account of regional operator, in the terms provided by the regional program of capital repairs of common property in the apartment house (further - the regional program of capital repairs) and concretized in the short-term plan of the realizatsiiregionalny program of capital repairs;

c) requirements to implementation of acceptance of the rendered services and (or) the performed works on capital repairs, including to ensuring creation of the relevant commissions with participation of representatives of executive bodies of the subjects of the Russian Federation responsible for implementation of regional programs of capital repairs and (or) short-term plans of their realization, and (or) local government bodies, persons exercising control of the apartment house and representatives of owners of rooms in the apartment house;

d) requirements to quality control and timelines for delivery of services and (or) performance of works on capital repairs by contract organizations and compliance of such services and (or) works to requirements of the project documentation;

e) quality requirements of the rendered services and (or) the performed works on capital repairs within at least 5 years from the moment of signing of the corresponding acceptance act of the rendered services and (or) the performed works;

e) requirements to representation by own efforts or forces of the third parties to the owner of the room in the apartment house of payment documents for payment of fees on capital repairs to the address of finding of the room in the apartment house in which for capital repairs it is contributed to capital repairs, and to acceptance of the measures established by the legislation concerning owners of the rooms in the apartment house creating fund of capital repairs on the account of regional operator in case of untimely and (or) incomplete payment of fees by them to capital repairs;

g) requirements to placement of information on execution of the obligations on the organization of carrying out capital repairs in the state information system of housing and communal services in accordance with the legislation of the Russian Federation;

h) requirements to ensuring preparation of task for rendering services and (or) performance of works on capital repairs and in need of preparation of the project documentation on carrying out capital repairs, to approval of the project documentation and ensuring its quality and compliance to requirements of technical regulations, standards and other regulating documents;

i) requirements to ensuring establishment of the facts of hindrance to work on capital repairs, including not admission the owner, person exercising control of the apartment house, or person performing works on content and repair of common property in the apartment house, contract organization to carrying out such works;

j) requirements to implementation of capital repairs in the amount necessary for mitigation of consequences, the arisen owing to accident, other emergency situations of natural or technogenic nature, in case of origin such accident and situations;

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