RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of October 18, 2024 No. 778

About certification of the organizations of builders, partnerships of owners

Based on paragraph two of article 10 of the Law of the Republic of Belarus of December 29, 2023 "About change of the laws concerning management of housing stock and its operation" the Council of Ministers of the Republic of Belarus DECIDES: No. 330-Z

1. Approve Regulations on procedure for certification of the organizations of builders, partnerships of the owners performing servicing of common property of joint household by own forces it (is applied).

2. Grant the right to explain questions of application of this resolution to the Ministry of Housing and Public Utilities.

3. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of October 18, 2024 No. 778

Regulations on procedure for certification of the organizations of builders, partnerships of the owners performing servicing of common property of joint household by own forces

Chapter 1. General provisions

1. This Provision establishes procedure for certification of the organization of builders, partnerships of the owners performing servicing of common property of joint household by own forces (further respectively, unless otherwise specified, – certification, the organization of owners).

2. For the purposes of this provision the following terms and their determinations are used:

the certificate of compliance – the document granting the right to the organizations of owners to perform servicing of common property of joint household by own forces;

the owner of the certificate of compliance – the organization of owners which received the certificate of compliance;

servicing of common property of joint household by own forces – rendering to participants of joint household of housing-and-municipal service in maintenance of the apartment house by employees of the organization of owners, the physical persons performing works on the works agreement;

authorized body – organization of education "The state training center of preparation, advanced training and retraining of personnel Zhilky.

3. Certification is carried out for the purpose of establishment of possibility of rendering by the organization of owners of the service in maintenance of the apartment house corresponding to the technical regulatory legal acts, obligatory for observance, establishing quality requirements of such service, to other acts of the legislation.

Chapter 2. Procedure for carrying out certification

4. Certification is carried out according to the legislation on ministerial procedures.

5. For receipt of the certificate of compliance the interested person submits in authorized body the application for receipt of the certificate of compliance in form according to appendix 1, to which are applied:

the copy of appendix to the process chart on maintenance of engineering systems and structural components of the apartment house (building) on the apartment house (houses) which servicing of common property of joint household is performed by own forces;

copy of the staff list of the organization of owners;

information about employees of the organization of the owners, physical persons performing works on the works agreement in form according to appendix 2, and also copies of the documents confirming these data;

data on availability of the owners who are at the organization in property or on other legal cause of the fixed assets necessary for servicing of common property of joint household by own forces, in form according to appendix 3;

data on introduction of the payment levied when implementing ministerial procedure, with indication of the accounting transaction number (transaction) in payment system in single settlement and information space or details of the document on service fee (work), rendered (carried out) by authorized body when implementing ministerial procedure.

6. The statement for receipt of the certificate of compliance and documents attached to it are considered by authorized body within 15 working days.

During consideration of the application about receipt of the certificate of compliance and the documents attached to it it is established availability (is evaluated):

the chairman of the board of the organization of owners having the higher education or average special (technical, economic, legal) education and length of service on executive positions in the organizations of housing and communal services and (or) real estate administration at least five years, and also the certificate on passing of professional certification;

employees of the organization of the owners, physical persons performing works on the works agreement according to appendix to the process chart on maintenance of the engineering systems and structural components of the apartment house (building) on the apartment house (houses) having the education document or the document on training confirming availability of the right to accomplishment of these works, and also the certificate on passing of professional certification if its issue is stipulated by the legislation about professional certification in the field of housing and communal services;

fixed assets according to the data provided by the organization of owners for form according to appendix 3.

By results of consideration of the application the authorized body makes the decision on issue or on refusal in issue of owners of the certificate of compliance to the organization on receipt of the certificate of compliance and the documents attached to it.

7. The authorized body refuses issue of the certificate of compliance in cases:

determined in article 25 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures";

discrepancies of the organization of owners to the requirements established in part two of Item 6 of this provision.

8. About the made decision the authorized body in writing notifies the interested person no later than five working days from the date of its acceptance.

9. The certificate of compliance is issued for a period of three years and drawn up in form according to appendix 4.

Effective period of the certificate of compliance is calculated from the date of adoption by authorized body of the decision on its issue.

10. In case of reorganization of the owner of the certificate the newly created legal entity prior to servicing of common property of joint household by own forces shall obtain compliance the certificate of compliance, except for the case provided in part one of Item 12 of this provision.

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