of December 29, 2004 No. 188-FZ
Accepted by the State Duma of the Russian Federation on December 22, 2004
Approved by Council of the Russian Federation on December 24, 2004
1. The housing legislation is based on need of providing with public authorities and local government bodies of conditions for implementation by citizens of the right to housing, its safety, on the immunity and inadmissibility of any deprivation of the dwelling, on need of free implementation following from the relations regulated by the housing legislation is right (further - housing laws), and also on recognition of equality of participants of the relations regulated by the housing legislation (further - the housing relations) on ownership, use and the order of premises if other does not follow from of this Code, other Federal Law or being of the corresponding relations, on need of ensuring recovery of the violated housing laws, their judicial protection, ensuring safety of housing stock and use of premises to destination.
2. Citizens at discretion and in the interests perform the housing laws belonging to them, including dispose of them. Citizens are free in establishment and realization of the housing laws owing to the agreement and (or) other bases provided by the housing legislation. Citizens, performing housing laws and fulfilling the duties following from the housing relations, shall not violate the rights, freedoms and legitimate interests of other citizens.
3. Housing laws can be limited based on the Federal Law and only in that measure in what it is necessary for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state.
4. The citizens who are legally in the territory of the Russian Federation have the right of the free choice of premises for accommodation as owners, employers or on other bases, stipulated by the legislation.
5. Restriction of the right of citizens for liberty of choice of premises for accommodation is allowed only based on of this Code, other Federal Law.
Public authorities and local government bodies within the powers provide conditions for implementation by citizens of the right to housing, including:
1) promote market development of the real estate in the housing sphere for the purpose of creation of necessary conditions for requirements satisfaction of citizens in the dwelling;
2) is used by budgetary funds and other sources of money which are not forbidden by the law for improvement of housing conditions of citizens, including by provision in accordance with the established procedure of subsidies for acquisition or construction of premises;
3) is provided in accordance with the established procedure to citizens by premises under agreements of social hiring or employment contracts of premises of the state or municipal housing stock;
4) stimulate housing construction;
5) provide protection of the rights and legitimate interests of the citizens acquiring premises and using them on legal causes, consumers of utilities, and also the services concerning servicing of housing stock;
5. 1) are provided to disabled people of condition for easy access to common property in apartment houses;
6) provide control of use and safety of housing stock;
6. 1) will organize ensuring timely carrying out capital repairs of common property in apartment houses at the expense of fees of owners of placements in such houses on capital repairs of common property in apartment houses, budgetary funds and other financing sources which are not forbidden by the law;
7) exercise according to the competence the state control of observance of the requirements established by the legislation when implementing housing construction;
8) exercise regional state housing control (supervision) (further - the state housing supervision or regional state housing supervision) and municipal housing control;
9) place in the state information system of housing and communal services (further - system) information in accordance with the legislation of the Russian Federation.
1. The dwelling is inviolable.
2. Nobody has the right to get into the dwelling without consent living in it on legal causes of citizens differently as in the purposes and in the cases provided by other Federal Law provided by this Code and according to the procedure of or based on the judgment.
3. Penetration into the dwelling without consent living in it on legal causes of citizens is allowed in cases and according to the procedure which are provided by the Federal Law, only for the purpose of rescuing of life of citizens and (or) their property, ensuring their personal security or public safety in case of emergencies, natural disasters, catastrophic crashes, mass riots or other circumstances of extreme nature, and also for the purpose of detention of persons suspected of making of crimes, suppression of the committed crimes or establishments of circumstances of the committed crime or the event of accident.
4. Nobody can be evicted the dwelling or is limited in right to use by the dwelling, including in the right of receipt of utilities, differently as on the bases and according to the procedure which are provided by this Code, other Federal Laws.
1. The housing legislation governs the relations apropos:
1) origins, implementation, change, termination of right of possession, use, order by premises of the state and municipal housing stocks;
2) uses of premises of private housing stock;
3) uses of common property of owners of rooms;
4) references of rooms to number of premises and their exceptions of housing stock;
5) accounting of housing stock;
6) content and repair of premises;
7) reorganizations and re-plannings of rooms in the apartment house;
8) managements of apartment houses;
9) creation and activities housing and housing cooperatives, condominiums, rights and obligations of their members;
11) introduction of payment for premises and utilities, including payments of fee on capital repairs of common property in the apartment house (further also - fee on capital repairs);
11. 1) forming and uses of fund of capital repairs of common property in the apartment house (further - fund of capital repairs);
12) control of use and safety of housing stock, compliance of premises to the established health and technical regulations and regulations, other requirements of the legislation;
13) implementation of the state housing supervision and municipal housing control.
14) restrictions of increase in the amount of the payment for utilities brought by citizens.
2. Participants of the housing relations are citizens, legal entities, the Russian Federation, subjects of the Russian Federation, municipalities.
3. Provisions of this Code are applied to the housing relations with participation of foreign citizens, persons without citizenship, foreign legal entities if other is not established by this Code or other Federal Law.
1. According to the Constitution of the Russian Federation the housing legislation is under joint authority of the Russian Federation and subjects of the Russian Federation.
2. The housing legislation consists of of this Code, other Federal Laws, and also presidential decrees of the Russian Federation, orders of the Government of the Russian Federation, regulatory legal acts of federal executive bodies, the adopted laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies issued according to them accepted according to this Code.
3. The presidential decrees of the Russian Federation governing the housing relations shall not contradict this Code, other Federal Laws.
4. The government of the Russian Federation has the right to issue the resolutions containing the regulations governing the housing relations on the basis and in pursuance of of this Code, other Federal Laws, normative presidential decrees of the Russian Federation.
5. Federal executive bodies can publish the regulatory legal acts containing the regulations governing the housing relations in cases and in the limits provided by this Code, other Federal Laws, presidential decrees of the Russian Federation, orders of the Government of the Russian Federation.
6. Public authorities of subjects of the Russian Federation can adopt the laws and other regulatory legal acts containing the regulations governing the housing relations within the powers based on of this Code accepted according to this Code of other Federal Laws.
7. Local government bodies can adopt the regulatory legal acts containing the regulations governing the housing relations within the powers according to this Code, other Federal Laws, other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation.
8. In case of discrepancy of the regulations of the housing legislation containing in the Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies, to provisions of this Code provisions of this Code are applied.
1. Acts of the housing legislation have no retroactive force and are applied to the housing relations which arose after its introduction in action.
2. Operation of the act of the housing legislation can extend to the housing relations which arose before its introduction in action only in the cases which are directly provided by this act.
3. In the housing relations which arose before enforcement of the act of the housing legislation, this act is applied to the housing laws and obligations which arose after its introduction in action.
4. The act of the housing legislation can be applied to the housing laws and obligations which arose before introduction of this act in action if the specified rights and obligations arose owing to the agreement signed before introduction of this act in action and if by this act it is directly determined that its action extends to the relations which arose from earlier signed agreements.
1. In cases if the housing relations are not settled by the housing legislation or the agreement of participants of such relations, and in the absence of the regulations of civil or other legislation which are directly governing such relations to them if it does not contradict their being, the housing legislation governing the similar relations (analogy of the law) is applied.
2. In case of impossibility of use of analogy of the law of the right and obligation of participants of the housing relations are determined proceeding from the general beginnings and sense of the housing legislation (analogy is right) and requirements of conscientiousness, humanity, rationality and justice.
The relevant legislation taking into account the requirements established by this Code is applied to the housing relations connected with repair, reorganization and re-planning of rooms in the apartment house, use of the engineering equipment, provision of utilities, introduction of payment for utilities.
1. If the international treaty of the Russian Federation establishes other rules, than those which are provided by the housing legislation are applied rules of the international treaty.
2. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
Housing laws and obligations arise from the bases provided by this Code, other Federal Laws and other legal acts and also from actions of participants of the housing relations which though are not provided by such acts, but owing to the general beginnings and sense of the housing legislation generate housing laws and obligations. In connection therewith housing laws and obligations arise:
1) from agreements and other transactions provided by the Federal Law and also from agreements and other transactions though which are not provided by the Federal Law, but not contradicting it;
2) from acts of state bodies and acts of local government bodies which are provided by the housing legislation as the basis of emergence of housing laws and obligations;
3) from the judgments which established housing laws and obligations;
4) as a result of acquisition in property of premises on the bases allowed by the Federal Law;
5) from membership in housing or housing cooperatives;
6) owing to actions (failure to act) of participants of the housing relations or approach of events with which the Federal Law or other regulatory legal act connects emergence of housing laws and obligations.
1. Protection of the violated housing laws is performed by court according to the cognizance of cases established by the procedural legislation.
2. Protection of housing laws is administratively performed only in the cases provided by this Code, other Federal Law. The decision made administratively can be appealed judicially.
3. Protection of housing laws is performed in the way:
1) recognitions of housing law;
2) recoveries of the provision existing before violation of housing law, and suppression of the actions violating this right or creating threat of its violation;
3) recognitions by court invalid completely or regarding the normative right act of state body or regulatory legal act of local government body violating housing laws and contradicting this Code or the Federal Law accepted according to this Code, other regulatory legal act having big than the specified regulatory legal acts of state body or regulatory legal act of local government body, legal force;
4) non-use by court of regulatory legal act of state body or the regulatory legal act of local government body contradicting this Code or the Federal Law accepted according to this Code, other regulatory legal act having big than the specified regulatory legal acts of state body or regulatory legal act of local government body, legal force;
5) terminations or changes of housing legal relationship;
6) the different ways provided by this Code, other Federal Law.
In the field of the housing relations treat powers of public authorities of the Russian Federation:
1) determination of procedure for the state accounting of housing stocks;
1. 1) establishment of rules and regulations of technical operation of common property in the apartment house;
2) establishment of requirements to premises, their content, content of common property of owners of rooms in apartment houses, and also procedure for providing conditions of their availability to disabled people;
3) determination of the bases of recognition of needy citizens needing the premises provided under agreements of social hiring;
4) determination of procedure for provision to needy citizens under agreements of social hiring of premises of municipal housing stock;
5) determination of other categories of citizens for the purpose of provision of premises of housing stock of the Russian Federation by it;
6) determination of procedure for provision of premises of housing stock of the Russian Federation to citizens who need premises and which categories are established by the Federal Law, presidential decrees of the Russian Federation;
6. 1) determination of the bases and procedure for provision of premises according to employment contracts of premises of housing stock of social use;
7) determination of the bases of provision of premises according to employment contracts of specialized premises of the state and municipal housing stocks;
8) determination of procedure for the organization and activities housing and housing cooperatives, determination of legal status of members of such cooperatives, including procedure for provision of premises by it in houses housing and housing cooperatives;
9) determination of procedure for the organization and activities of condominiums, determination of legal status of members of condominiums;
10) determination of conditions and procedure for reorganization and re-planning of rooms in the apartment house;
10. 1) methodical ensuring establishment of need of carrying out capital repairs of common property for the apartment house;
10. 2) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 355-FZ
11) determination of the bases and procedure for recognition of premises unsuitable for accommodation, the bases and procedure for recognition of the apartment house to the emergency and subject demolitions or reconstruction;
12) recognition in accordance with the established procedure premises of housing stock of the Russian Federation unsuitable for accommodation, apartment houses in which all premises are in property of the Russian Federation, emergency and subject to demolition or reconstruction;
13) establishment of instructions for use by premises;
14) determination of the bases, procedure and conditions of eviction of citizens from premises;
15) legal regulation of separate types of transactions with premises;
16) establishment of structure of payment for premises and utilities, procedure of payments and introduction of such payment, development of methodical recommendations about establishment of the amount of payment for content of premises for owners of premises who did not make the decision on the choice of method of management of the apartment house, the decision on establishment of the amount of payment for content of premises, and also on establishment of procedure for limiting determination of indexes of change of the amount of such payment;
16. 1) approval of general requirements to the organization and implementation of regional state housing supervision;
16. 2) implementation of coordination of activities of executive bodies of the subjects of the Russian Federation exercising regional state housing supervision;
16. 3) approval of regulations on licensing of business activity on management of apartment houses (further also - activities for management of apartment houses);
16. 4) implementation of monitoring of use of housing stock and ensuring its safety;
16. 5) methodical ensuring activities of specialized non-profit organizations which perform the activities aimed at providing carrying out capital repairs of common property in apartment houses (further - the regional operator), including development of methodical recommendations about creation of regional operators and to ensuring their activities, recommended forms of the reporting and procedure for its representation;
16. 6) implementation of monitoring of the choice and realization by owners of rooms in the apartment house of method of forming of fund of capital repairs;
16. 7) establishment of procedure for maintaining the summary federal register of licenses for implementation of business activity on management of apartment houses including data on the licenses for implementation of these activities provided by the executive bodies of subjects of the Russian Federation exercising regional state housing supervision and also other registers provided by part 1 of article 195 of this Code;
16. 8) establishment of procedure of control of observance of the subjects of the Russian Federation by executive bodies exercising regional state housing supervision, requirements of this Code and the Federal Law of May 4, 2011 No. 99-FZ "About licensing of separate types of activity" to licensing of activities for management of apartment houses;
17) control of use and safety of housing stock of the Russian Federation, compliance of premises of this fund to the established health and technical regulations and regulations, other requirements of the legislation;
17. 1) establishment of procedure of public housing control;
17. 2) establishment of procedure for coordination of position assignment and dismissal of the head of executive body of the subject of the Russian Federation exercising regional state housing supervision;
17. 3) establishment of procedure for position assignment and dismissal of the chief state housing inspector of the Russian Federation;
18) other questions carried to powers of public authorities of the Russian Federation in the field of the housing relations by the Constitution of the Russian Federation, this Code, other Federal Laws.
In the field of the housing relations treat powers of public authorities of the subject of the Russian Federation:
1) state accounting of housing stock of the subject of the Russian Federation;
2) determination of procedure for provision of premises of specialized housing stock of the subject of the Russian Federation;
3) establishment of procedure for determination of the size of the income falling on each family member, and property value who is in property of family members and taxable for the purpose of recognition of citizens needy and provisions by it under agreements of social hiring of premises of municipal housing stock;
3. 1) establishment of procedure for determination of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;
3. 2) determination of procedure for establishment of the maximum size of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;
4) determination of other categories of citizens for the purpose of provision of premises of housing stock of the subject of the Russian Federation by it;
5) determination of procedure for provision under agreements of social hiring to the categories of citizens of premises of housing stock of the subject of the Russian Federation established by the relevant law of the subject of the Russian Federation;
6) recognition in accordance with the established procedure premises of housing stock of the subject of the Russian Federation unsuitable for accommodation, apartment houses in which all premises are in property of the subject of the Russian Federation, emergency and subject to demolition or reconstruction;
7) determination of procedure for conducting accounting of citizens by local government bodies as persons in need in the premises provided under agreements of social hiring;
8) control of use and safety of housing stock of the subject of the Russian Federation, compliance of premises of this fund to the established health and technical regulations and regulations, other requirements of the legislation;
8. 1) implementation of the state control of use and safety of housing stock irrespective of its pattern of ownership, observance of rules of content of common property of owners of rooms in the apartment house, compliance of apartment houses, apartment houses to requirements of energy efficiency and requirements of their equipment metering devices of the used energy resources, and also behind compliance of premises, qualities, amount and procedure for provision of utilities to requirements of the legislation;
8. 2) establishment of the minimum size of fee on capital repairs;
8. 3) determination of procedure for establishment of need of carrying out capital repairs of common property for the apartment house;
8. 4) implementation of monitoring of limiting application (maximum) indexes of change of the amount of the payment for utilities brought by citizens;
8. 5) implementation of licensing of activities for management of apartment houses;
8. 6) determination of procedure for informing rooms by local government bodies of owners in apartment houses about methods of forming of fund of capital repairs, about procedure for the choice of method of forming of fund of capital repairs;
8. 7) establishment of procedure for informing owners of rooms in apartment houses and the organizations exercising control of apartment houses about contents of the regional program of capital repairs of common property in apartment houses and criteria for evaluation of condition of apartment houses based on which the priority of carrying out capital repairs is determined;
8. 8) approval of procedure and the list of cases of rendering on returnable and (or) irretrievable basis by budget funds of the subject of the Russian Federation of the additional help in case of urgent need for carrying out capital repairs of common property in apartment houses;
9) other questions carried to powers of public authorities of subjects of the Russian Federation in the field of the housing relations by the Constitution of the Russian Federation, this Code, other Federal Laws and not carried to competence of public authorities of the Russian Federation, competence of local government bodies.
1. In the field of the housing relations treat powers of local government bodies:
1) accounting of municipal housing stock;
2) establishment of the size of the income falling on each family member, and property value who is in property of family members and taxable for the purpose of recognition of citizens needy and provisions by it under agreements of social hiring of premises of municipal housing stock;
2. 1) determination of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;
2. 2) establishment of the maximum size of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;
3) maintaining in accordance with the established procedure accounting of citizens as persons in need in the premises provided under agreements of social hiring;
3. 1) accounting of the citizens needing provision of premises according to employment contracts of premises of housing stock of social use;
4) determination of procedure for provision of premises of municipal specialized housing stock;
5) provision in accordance with the established procedure to needy citizens under agreements of social hiring of premises of municipal housing stock;
6) acceptance in accordance with the established procedure decisions on the transfer of premises to non-residential premises and non-residential premises to premises;
7) coordination of reorganization and re-planning of rooms in the apartment house;
8) recognition in accordance with the established procedure premises of municipal and private housing stock unsuitable for accommodation, apartment houses, except for apartment houses in which all premises are in property of the Russian Federation or the subject of the Russian Federation, emergency and subject to demolition or reconstruction;
9) implementation of municipal housing control;
9. 1) determination of procedure for receipt of the document confirming decision making about coordination or about refusal in coordination of reorganization and (or) re-planning of the room in the apartment house in accordance with the terms and procedure for reorganization and re-planning of rooms in the apartment house;
9. 2) informing owners of rooms in apartment houses about methods of forming of fund of capital repairs, about procedure for the choice of method of forming of fund of capital repairs;
9. 3) approval of procedure and the list of cases of rendering on returnable and (or) irretrievable basis at the expense of means of the local budget of the additional help in case of urgent need for carrying out capital repairs of common property in apartment houses;
10) other questions carried to powers of local government bodies in the field of the housing relations by the Constitution of the Russian Federation, this Code, other Federal Laws, and also the laws of appropriate subjects of the Russian Federation.
2. In subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol the powers of local government bodies specified regarding 1 this Article in the field of the housing relations are performed by public authorities of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol if other is not provided by the laws of these subjects of the Russian Federation.
3. The powers of local government bodies and public authorities of the subject of the Russian Federation in the field of the housing relations established by this Code can be redistributed between them according to the procedure, No. 131-FZ provided by part 1.2 of article 17 of the Federal Law of October 6, 2003 "About the general principles of the organization of local self-government in the Russian Federation".
1. Objects of housing laws are premises.
2. Premises the isolated room which is real estate and is suitable for permanent residence of citizens is recognized (answers the established health and technical regulations and regulations, other requirements of the legislation (further - requirements).
3. Procedure for recognition of the room by premises and requirements to which the premises shall answer including for its adaptation and adaptation of common property in the apartment house taking into account needs of disabled people, are established by the Government of the Russian Federation according to this Code, other Federal Laws.
4. The premises can be acknowledged unsuitable for accommodation, the apartment house can be acknowledged to the emergency and subject demolitions or reconstruction on the bases and according to the procedure which are established by the Government of the Russian Federation. In the apartment house recognized to the emergency and subject demolitions or reconstruction, all premises are unsuitable for accommodation.
5. Total area of premises consists of the amount of the area of all parts of such room, including the floor area of auxiliary use, the domestic and other needs intended for satisfaction with citizens connected with their accommodation in premises, except for balconies, loggias, verandahs and terraces.
6. The apartment house the building consisting of two and more apartments, including the property specified in Items 1 - 3 parts 1 of article 36 of this Code is recognized. The apartment house can also include the non-residential premises and (or) parking places which are the integral constructive part of such apartment house belonging to certain owners.
1. Premises treat:
1) apartment house, part of the apartment house;
2) apartment, part of the apartment;
3) room.
2. The apartment house individual and certain building which consists of rooms, and also rooms of auxiliary use intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in such building is recognized.
3. The apartment structurally isolated room in the apartment house providing possibility of direct access to rooms public in such house and consisting of one or several rooms, and also rooms of auxiliary use intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in such isolated room is recognized.
4. The room the part of the apartment house or apartment, held for use as the place of direct accommodation of citizens is recognized the apartment house or the apartment.
1. The premises are intended for accommodation of citizens.
2. Use of premises for implementation of professional activity or individual business activity by the citizens living in it on legal causes is allowed if it does not violate the rights and legitimate interests of other citizens, and also requirements to which the premises shall answer.
3. Placement in premises of industrial productions, hotels, and also implementation in premises of missionary activities, except as specified, of the stipulated in Article 16 Federal Laws of September 26, 1997 No. 125-FZ "About liberty of conscience and about religious associations" is not allowed. The premises in the apartment house cannot be used for provision of hotel services.
4. Use of premises is performed taking into account observance of the rights and legitimate interests of the citizens living in these premises, neighbors, requirements of fire safety, sanitary and hygienic, ecological and other requirements of the legislation, and also according to instructions for use the premises approved by the authorized Government of the Russian Federation federal executive body.
The property right and other corporeal rights to premises are subject to state registration in the cases provided by the Civil code of the Russian Federation, this Code and other Federal Laws.
1. Housing stock - set of all premises which are in the territory of the Russian Federation.
2. Depending on pattern of ownership the housing stock is subdivided on:
1) private housing stock - set of the premises which are in property of citizens and in property of legal entities;
2) the state housing stock - set of the premises belonging on the property right of the Russian Federation (housing stock of the Russian Federation) and the premises belonging on the property right to subjects of the Russian Federation (housing stock of subjects of the Russian Federation);
3) municipal housing stock - set of the premises belonging on the property right to municipalities.
3. Depending on use purposes the housing stock is subdivided on:
1) housing stock of social use - set of the premises of the state and municipal housing stocks provided to citizens under agreements of social hiring and also provided to citizens according to employment contracts of housing stock of social use of premises of the state, municipal and private housing stocks;
2) specialized housing stock - set of the separate categories of citizens and premises of the state and municipal housing stocks provided by rules of the Section IV of this Code intended for accommodation;
3) individual housing stock - set of premises of private housing stock which are used by citizens owners of such rooms for the accommodation, accommodation of members of the family and (or) accommodation of other citizens on the terms of free use, and also legal persons owners of such rooms for accommodation of citizens on the specified use conditions;
4) housing stock of commercial use - set of premises which are used by owners of such rooms for accommodation of citizens on the terms of paid use are provided to citizens under other agreements, are provided by owners of such rooms to persons in ownership and (or) in use, except for the premises specified in Items 1 and 2 of this part.
4. The housing stock is subject to the state accounting according to the procedure, established by the authorized Government of the Russian Federation federal executive body.
5. The state accounting of housing stock along with other forms of its accounting shall provide carrying out technical accounting of housing stock, including its technical inventory count and technical certification (with execution of technical data sheets of premises - the documents containing the technical and other information on premises connected with ensuring compliance of premises to the established requirements).
6. Monitoring of use of housing stock and ensuring its safety is performed by the federal executive body authorized by the Government of the Russian Federation according to the procedure, established by the Government of the Russian Federation.
1. Subject of the state housing supervision is observance by legal entities, individual entrepreneurs and citizens of the mandatory requirements established by the housing legislation, the legislation on energy saving and on increase in energy efficiency, the legislation on gas supply in the Russian Federation concerning housing stock, except for municipal housing stock:
1) requirements to use and safety of housing stock, including requirements to premises, their use and content, use and content of common property of owners of rooms in apartment houses, to procedure of the transfer of premises to the non-residential premise and the non-residential premise in residential in the apartment house, to procedure of re-planning and (or) reorganization of rooms in the apartment house;
2) requirements to forming of funds of capital repairs;
3) requirements to creation and activities of the legal entities, the individual entrepreneurs exercising control of apartment houses, rendering services and (or) performing works on content and repair of common property in apartment houses;
4) requirements to provision of utilities to owners and users of rooms in apartment houses and apartment houses;
5) rules of change of the amount of payment for content of premises in case of rendering services and performance of works on management, content and repair of common property in the apartment house of inadequate quality and (or) with the breaks exceeding the established duration;
6) rules of content of common property in the apartment house and rules of change of the amount of payment for content of premises;
7) rules of provision, suspension and restriction of provision of utilities to owners and users of rooms in apartment houses and apartment houses;
8) requirements of energy efficiency and equipment of rooms of apartment houses and apartment houses metering devices of the used energy resources;
9) requirements to procedure for placement by the resource supplying organizations, faces performing activities for management of apartment houses, information in system;
10) requirements to ensuring availability to disabled people of rooms in apartment houses;
11) requirements to provision of premises in hired houses of social use;
12) requirements to safe operation and maintenance of the intra house and (or) intra room gas equipment, and also requirements to content of the ventilating and smoke channels relating to common property in the apartment house.
2. Subject of the state housing supervision is not observance by legal entities irrespective of form of business or the individual entrepreneurs performing business activity on management of apartment houses based on the license (further - management company), licensed requirements.
3. The state housing supervision is exercised by authorized bodies of the executive authority of subjects of the Russian Federation (further - bodies of the state housing supervision) according to the provision approved by the supreme executive body of the government of the subject of the Russian Federation, and the general requirements to the organization and implementation of the state housing supervision established by the Government of the Russian Federation.
4. Subject of municipal housing control is observance by legal entities, individual entrepreneurs and citizens of the mandatory requirements specified in Items 1 - 12 parts of 1 this Article, concerning municipal housing stock.
5. Municipal housing control is exercised by authorized bodies of local self-government (further - bodies of municipal housing control) according to the provision approved by representative body of the municipality (the supreme executive body of the government of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol if other is not provided by the laws of these subjects of the Russian Federation).
6. The organization and implementation of the state housing supervision, municipal housing control are regulated by the Federal Law of July 31, 2020 No. 248-FZ "About the state control (supervision) and municipal control in the Russian Federation".
7. When implementing the state housing supervision, municipal housing control concerning the premises used by citizens, planned control (supervising) events are not held.
8. When implementing the state housing supervision, municipal housing control the instruction about elimination of the revealed violations of the mandatory requirements revealed can be issued including during observation of observance of mandatory requirements (safety monitoring).
9. Coordination of position assignment and dismissal of the head of body of the state housing supervision according to the offer of the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) is performed by the federal executive body authorized by the Government of the Russian Federation according to the procedure, established by the Government of the Russian Federation.
10. The chief state housing inspector of the Russian Federation performs coordination of activities of bodies of the state housing supervision and bodies of municipal housing control when implementing of the state housing supervision, regional state licensed control of implementation of business activity by them on management of apartment houses, municipal housing control, the direction to the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) of idea of dismissal of the head of body of the state housing supervision, and also other powers established by the Government of the Russian Federation. Position assignment and dismissal of the chief state housing inspector of the Russian Federation are performed by the Government of the Russian Federation according to the offer of the federal executive body authorized by the Government of the Russian Federation.
11. Under the organization and implementation of the state housing supervision and municipal housing control bodies of the state housing supervision, bodies of municipal housing control use including information placed in system.
12. The body of the state housing supervision, body of municipal housing control has the right to take a legal action with statements:
1) about recognition invalid the decision made by general meeting of owners of rooms in the apartment house or general meeting of copartners of homeowners, housing, building or other specialized consumer cooperative with violation of requirements of this Code;
2) about liquidation of condominium, housing, building or other specialized consumer cooperative in case of non-execution at the scheduled time of the instruction about the elimination of discrepancy of the charter of such partnership or such cooperative brought in the charter of such partnership or such cooperative of changes to requirements of this Code or in case of identification of violations of procedure for creation of such partnership or such cooperative if these violations have ineradicable character;
3) about recognition of the agreement of management of the apartment house, agreements of rendering services and (or) performance of works on content and repair of common property in the apartment house or agreements of rendering services in content and (or) performance of works on repair of common property in the apartment house invalid in case of non-execution at the scheduled time of the instruction about elimination of violations of requirements of this Code about the choice of management company, about approval of terms of the contract of management of the apartment house and about its conclusion, about the conclusion of the agreement of rendering services and (or) performance of works on content and repair of common property in the apartment house or agreements of rendering services in content and (or) performance of works on repair of common property in the apartment house, about approval of conditions of the specified agreements;
4) in protection of the rights and legitimate interests of owners of rooms in the apartment house, employers and other users of premises according to their address or to protection of the rights, freedoms and legitimate interests of the uncertain group of people in case of identification of violation of mandatory requirements;
5) about recognition of the employment contract of premises of housing stock of social use invalid in case of non-execution at the scheduled time of the instruction about elimination of discrepancy of this agreement to the mandatory requirements established by this Code;
6) about compulsion to execution of the instruction.
13. For holding control (supervising) actions in case of receipt of addresses (statements) of citizens and the organizations, information from public authorities, local government bodies, from mass media, the Internet, the state information systems about possible violations of the mandatory requirements specified regarding 1 this Article, bodies of the state housing supervision, bodies of municipal control develop and approve indicators of risk of violation of mandatory requirements. Standard indicators of risk of violation of mandatory requirements are established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of housing and communal services.
14. The chief state housing inspector of the Russian Federation issues the order on the organization of accomplishment of the order of the President of the Russian Federation, the Russian Prime Minister on holding control (supervising) actions within the state housing supervision, regional state licensed control of implementation of business activity for management of apartment houses, municipal housing control if the order does not establish other.
15. The state control (supervision) of observance by regional operators of 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 is performed by bodies of the state housing supervision according to the procedure, established by the Government of the Russian Federation.
16. The state control (supervision) of observance of the subjects of the Russian Federation by executive bodies, local government bodies established by the housing legislation the legislation on energy saving and on increase in energy efficiency of requirements to use and safety of housing stock irrespective of its pattern of ownership is performed by bodies of the state housing supervision according to provisions of the Federal Law of December 21, 2021 No. 414-FZ "About the general principles of the organization of the public power in subjects of the Russian Federation" and the Federal Law of October 6, 2003 No. 131-FZ "About the general principles of the organization of local self-government in the Russian Federation".
17. Subject of the state control (supervision) specified in part 16 of this Article is observance of subjects of the Russian Federation by executive bodies, local government bodies including requirements:
1) to content of common property in the apartment house;
2) to restriction of change of the amount of the payment for utilities brought by citizens, requirements to structure of standard rates of consumption of municipal resources (utilities), conditions and methods of establishment of standard rates of consumption of municipal resources (utilities), and also to justification of the size of the established standard rate of consumption of municipal resources (utilities), justification of the amount of payment for content of premises for owners of premises which did not make the decision on the choice of method of management of the apartment house, the decision on establishment of the amount of payment for content of premises, and to limiting observance of indexes of change of the amount of such payment;
3) to provision of premises in hired houses of social use;
4) to procedure for placement of information in system.
18. The basis for inclusion of scheduled inspection in the annual plan of conducting planned inspections is including the expiration of one year from the date of:
1) registrations in the municipal register of hired houses of social use of the first hired house of social use, lessor of premises in which is person whose activities are subject to check;
2) establishments or changes of standard rates of consumption of municipal resources (utilities).
19. For the purpose of providing the rights and legitimate interests of citizens public housing control which subjects public associations, other non-profit organizations, councils of apartment houses, other interested persons in accordance with the legislation of the Russian Federation can be can be exercised.
For the purpose of guaranteeing indemnification, connected with loss (destruction) or damage of premises, insurance of premises according to the legislation can be performed.
1. Transfer of premises to the non-residential premise and the non-residential premise to premises is allowed taking into account observance of requirements of this Code and the legislation on town-planning activities.
2. Transfer of premises to the non-residential premise is not allowed if access to the translated room is impossible without use of the rooms providing access to premises or there is no technical capability to equip such access to this room if the translated room is part of premises or is used by the owner of this room or other citizen as the place of permanent residence and also if the property right to the translated room is encumbered with the rights of any persons. To the room after its translation the possibility of access with use of the rooms providing access to premises shall be excluded from premises to the non-residential premise.
3. The translation of the apartment in the apartment house to the non-residential premise is allowed only in cases if such apartment is located on the first floor of the specified house or above the first floor, but the rooms located directly under the apartment transferred to the non-residential premise are not residential.
3.1. The translation of premises in the hired house of social use to the non-residential premise is not allowed.
3.2. Transfer of premises to the non-residential premise for the purpose of implementation of religious activities is not allowed.
4. Transfer of the non-residential premise to premises is not allowed if such room does not meet the established requirements or there is no opportunity to provide compliance of such room to the established requirements or if the property right to such room is encumbered with the rights of any persons.
1. Transfer of premises to the non-residential premise and the non-residential premise to premises is performed by local government body (further - the body making transfer of rooms).
2. For transfer of premises to the non-residential premise or the non-residential premise to premises the owner of the respective room or person authorized by it (further in this Chapter - the applicant) in the body making transfer of rooms for the location of the translated room it is direct or through the multipurpose center of provision of the state and municipal services (further - the multipurpose center) according to the prisoner them in the procedure established by the Government of the Russian Federation the agreement on interaction represents:
1) statement for the translation of the room;
2) documents of title on the translated room (originals or the notarized copies);
3) the plan of the translated room with its technical description (if the translated room is residential, technical data sheet of such room);
4) the floor-by-floor plan of the house in which there is translated room;
5) the project of reorganization and (or) re-planning of the translated room prepared and drawn up in accordance with the established procedure (if the reorganization and (or) re-planning are required for ensuring use of such room as the residential or non-residential premise);
6) the protocol of general meeting of owners of rooms in the apartment house containing the decision on their consent to the transfer of premises to the non-residential premise;
7) the consent of each owner of all placements adjoining the translated room to transfer of premises to the non-residential premise.
2.1. The applicant has the right not to submit the documents provided by Items 3 and 4 of part 2 of this Article and also if the right to the translated room is registered in the Single state real estate register, documents, stipulated in Item 2 parts 2 of this Article. For consideration of the application about the translation of the room the body making transfer of rooms requests the following documents (their copy or data containing in them) if they were not provided by the applicant on own initiative:
1) documents of title on the translated room if the right to it is registered in the Single state real estate register;
2) the plan of the translated room with its technical description (if the translated room is residential, technical data sheet of such room);
3) the floor-by-floor plan of the house in which there is translated room.
2.2. The rooms having wall, general with the translated room, or located directly over or under the translated room are recognized adjoining the translated room. The consent of each owner of all placements adjoining the translated room to transfer of premises to the non-residential premise is drawn up by the owner of the room adjoining the translated room in the written any form allowing to determine its declaration of will. In this consent surname, the name, middle name (in the presence) of the owner of the room adjoining the translated room, full name and the primary state registration number of the legal entity - the owner of the room adjoining the translated room, passport data of the owner of the specified room, number of the specified room belonging to the owner, details of the documents confirming the property right to the specified room are entered.
3. The body making transfer of rooms, having no right to demand from the applicant submission of other documents except documents which reclamation at the applicant is allowed according to part 2 of this Article. The acknowledgment receipt from the applicant of documents with indication of their list and date of their obtaining by the body making transfer of rooms and also with indication of the list of data and documents which will be received on interdepartmental requests is issued to the applicant. In case of submission of documents through the multipurpose center the receipt is issued by the specified multipurpose center. State bodies, local government bodies and subordinated to state bodies or local government bodies of the organization at which disposal the documents specified in part 2.1 of this Article are shall send according to the procedure of interdepartmental information exchange to the body making transfer of rooms, the data and documents requested by them. The requested data and documents can be submitted on paper, in electronic form or in the form of the copies of the requested documents certified by the authorized person, including in electronic form.
4. The decision on the translation or on refusal in translation of the room shall be accepted by results of consideration of the corresponding statement and the body making transfer of rooms not later than in forty five days from the date of submission to this body of documents which obligation on representation according to this Article is assigned to the applicant provided according to parts 2 and 2.1 of this Article of other documents. In case of representation by the applicant of the documents specified in part 2 of this Article through the multipurpose center decision making term about the translation or about refusal in translation of the room is estimated from the date of transfer of such documents by the multipurpose center in the body making transfer of rooms.
5. The body making transfer of rooms not later than in three working days from the date of acceptance of one of the decisions specified in part 4 of this Article issues or sends to the address specified in the statement or through the multipurpose center to the applicant the document confirming acceptance of one of the specified decisions. In case of submission of the statement for the translation of the room through the multipurpose center the document confirming decision making goes to the multipurpose center if the different way of its obtaining is not specified by the applicant. Form and content of this document are established by the federal executive body authorized by the Government of the Russian Federation. The body making transfer of rooms along with issue or the direction to the applicant of this document informs on adoption of the specified decision of owners of the rooms adjoining the room on which the specified decision is made.
6. In case of need carrying out reorganization, and (or) re-planning of the translated room, and (or) other works for ensuring use of such room as the residential or non-residential premise the document specified in part 5 of this Article shall contain the requirement about their carrying out, the list of other works if their carrying out is necessary.
7. The document provided by part 5 of this Article confirms the end of transfer of the room and is the basis of use of the room as the residential or non-residential premise if such use does not require carrying out its reorganization, and (or) re-planning, and (or) other works.
8. If use of the room as the residential or non-residential premise requires carrying out its reorganization, and (or) re-planning, and (or) other works, the document specified in part 5 of this Article is the basis of carrying out corresponding reorganizations, and (or) re-plannings taking into account the project of the reorganization and (or) re-planning represented by the applicant according to Item 5 of part 2 of this Article, and (or) other works taking into account the list of such works specified in the document provided by part 5 of this Article.
9. Completion specified in part 8 of this Article of reorganization, and (or) re-planning, and (or) other works is confirmed by the act of the inspection created by the body making transfer of rooms (further - the act of inspection). The act of inspection confirming completion of reorganization and (or) re-planning shall be sent by the body making transfer of rooms to the federal executive body authorized by the Government of the Russian Federation on implementation of the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register, its territorial authorities (further - body of registration of the rights). The act of inspection confirms the end of transfer of the room and is the basis of use of the translated room as the residential or non-residential premise.
10. When using the room after its translation as the residential or non-residential premise requirements of fire safety, the sanitary and hygienic, ecological and established by the legislation other requirements, including requirements to use of non-residential premises in apartment houses shall be observed.
1. The refusal in transfer of premises to the non-residential premise or the non-residential premise to premises is allowed in case:
1) non-presentations 2 Articles determined by part 23 of this Code of documents which obligation on representation is assigned to the applicant;
1. 1) receipts in the body making transfer of rooms, the reply of public authority, local government body or subordinated to public authority or local government body of the organization on interdepartmental request, the document, testimonial of absence, and (or) information necessary for transfer of premises to the non-residential premise or the non-residential premise to premises according to part 2 Articles 23 of this Code if the relevant document is not submitted by the applicant on own initiative. The refusal in translation of the room on the specified basis is allowed if the body making transfer of rooms after receipt of the specified answer notified the applicant on receipt of such answer, suggested the applicant to submit the document and (or) information necessary for transfer of premises to the non-residential premise or the non-residential premise to premises according to part 2 Articles 23 of this Code, and did not receive from the applicant such document and (or) information within fifteen working days from the date of the direction of the notification;
2) submissions of documents to inadequate body;
3) non-compliance stipulated in Article 22 of this Code of conditions of the translation of the room;
4) discrepancies of the project of reorganization and (or) re-planning of the room in the apartment house to requirements of the legislation.
2. The decision on refusal shall contain the refusal bases with the exclusive reference on the violations provided by part of 1 this Article in the translation of the room.
3. The decision on refusal in translation of the room is issued or goes to the applicant not later than in three working days from the date of adoption of such decision and can be appealed by the applicant judicially.
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