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HOUSING CODE OF THE RUSSIAN FEDERATION

of December 29, 2004 No. 188-FZ

(as amended on 22-12-2020)

Accepted by the State Duma of the Russian Federation on December 22, 2004

Approved by Council of the Russian Federation on December 24, 2004

Section I. General provisions

Chapter 1. Basic provisions. Housing legislation

Article 1. Main beginnings of the housing legislation

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.

Article 2. Providing conditions for implementation of the right to housing

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) perform the state housing supervision and municipal housing control according to the competence;

9) place in the state information system of housing and communal services (further - system) information in accordance with the legislation of the Russian Federation.

Article 3. Inviolability of home and inadmissibility of its any deprivation

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.

Article 4. Housing relations. Participants of the housing relations

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;

10) provisions of utilities;

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.

Article 5. Housing legislation

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.

Article 6. Operation of the housing legislation in time

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.

Article 7. Application of the housing legislation by analogy

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.

Article 8. Application to the housing relations of other legislation

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.

Article 9. Housing legislation and rules of international law

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.

Article 10. Bases of emergence of housing laws and obligations

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.

Article 11. Protection of housing laws

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.

Article 12. Powers of public authorities of the Russian Federation in the field of the housing relations

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) establishment of procedure of the 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) establishment of procedure for 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.

Article 13. Powers of public authorities of the subject of the Russian Federation in the field of the housing relations

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.

Article 14. Powers of local government bodies in the field of the housing relations

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".

Chapter 2. Objects of housing laws. Housing stock

Article 15. Objects of housing laws

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.

Article 16. Types of premises

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.

Article 17. Purpose of premises and limits of its use. Use of premises

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.

Article 18. State registration of the rights to premises

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.

Article 19. Housing stock

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.

Article 20. State housing supervision, municipal housing control and public housing control

1. Are understood as the state housing supervision the activities of authorized bodies of the executive authority of subjects of the Russian Federation directed to the prevention, identification and suppression of the violations by public authorities, local government bodies, and also legal entities, individual entrepreneurs and citizens established according to 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 patterns of ownership, 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 in the apartment house to procedure of re-planning and (or) reorganization of rooms in the apartment house, to forming of funds of capital repairs 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, to provision of utilities to owners and users of rooms in apartment houses and apartment houses, regional operators, violations of restrictions 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 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, requirements of rules of content of common property in the apartment house and rules of change of the amount of payment for content of premises, rules of provision, suspension and restriction of provision of utilities to owners and users of rooms in apartment houses and apartment houses, requirements of energy efficiency and equipment of rooms of apartment houses and apartment houses metering devices of the used energy resources, requirements to provision of premises in hired houses of social use (further - mandatory requirements), violations by local government bodies, resource supplying organizations, persons performing activities for management of apartment houses, requirements to procedure for placement of information in system by means of the organization and conducting checks of specified persons, acceptances of stipulated by the legislation measures of the Russian Federation for suppression and (or) elimination of the revealed violations, and activities of the specified executive bodies of subjects of the Russian Federation for systematic observation of execution of mandatory requirements, the analysis and forecasting of condition of execution of mandatory requirements when implementing by public authorities, local government bodies, legal entities, individual entrepreneurs and citizens of the activities.

1.1. Municipal housing control is understood as activities of the local government bodies authorized on the organization and carrying out in the territory of the municipality of checks of observance by legal entities, individual entrepreneurs and citizens of the mandatory requirements established concerning municipal housing stock by the Federal Laws and the laws of subjects of the Russian Federation in the field of the housing relations and also municipal legal acts. Public authorities of subjects of the Russian Federation have the right to allocate with the laws of subjects of the Russian Federation authorized bodies of local self-government by separate powers on conducting checks when implementing licensed control concerning the legal entities or individual entrepreneurs performing activities for management of apartment houses based on the license.

2. The state housing supervision is exercised by authorized bodies of the executive authority of subjects of the Russian Federation (regional state housing supervision) (further - bodies of the state housing supervision) according to the procedure, established by the supreme executive body of the government of the subject of the Russian Federation, taking into account the requirements to the organization and carrying out the state housing supervision established by the Government of the Russian Federation. 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.

2.1. Municipal housing control is exercised by authorized bodies of local self-government (further - bodies of municipal housing control) according to the procedure, established by municipal legal acts or the law of the subject of the Russian Federation and municipal legal acts adopted according to it.

2.2. Under the organization and implementation of municipal housing control bodies of municipal housing control interact with the authorized bodies of the executive authority of subjects of the Russian Federation exercising regional state housing supervision, according to the procedure, established by the law of the subject of the Russian Federation.

2.3. 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, licensed control, municipal housing control by them, 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.

3. To the relations connected with implementation of the state housing supervision, municipal control, the organization and conducting checks of legal entities (except for regional operators), individual entrepreneurs, provisions of the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" taking into account features of the organization and carrying out the scheduled and unscheduled inspections established by parts 4.1 and 4.2 of this Article are applied. Provisions of the specified Federal Law taking into account the features provided by part 4.3 of this Article are applied to the relations connected with implementation of the state housing supervision concerning activities of regional operators, the organization and conducting their checks.

4. Subject of check is observance by public authorities, local government bodies, legal entities, individual entrepreneurs and citizens of mandatory requirements.

4.1. The basis for inclusion of scheduled inspection in the annual plan of conducting planned inspections is the expiration of one year from the date of:

1) the beginnings of implementation by condominium, housing, housing cooperative or other specialized consumer cooperative of activities for management of apartment houses according to the notification on the beginning of implementation of the specified activities provided to body of the state housing supervision;

1. 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) ends of conducting the last planned inspection of the legal entity, individual entrepreneur;

3) establishments or changes of standard rates of consumption of municipal resources (utilities).

4.2. The bases for carrying out unscheduled inspection along with the bases specified regarding the 2nd article 10 of the Federal Law of December 26, 2008 to No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" are receipts, in particular by means of system, in body of the state housing supervision, body of municipal housing control of addresses and petitions from citizens, including individual entrepreneurs, legal entities, information from public authorities, local government bodies, identification of the state housing supervision by body, body of municipal housing control in system of information on the facts of violation of requirements of rules of provision, suspension and restriction of provision of utilities to owners and users of rooms in apartment houses and apartment houses, requirements to procedure for creation of condominium, housing, building or other specialized consumer cooperative, the charter of condominium, housing, building or other specialized consumer cooperative and procedure for introduction of amendments to the charter of such partnership or such cooperative, procedure for acceptance by owners of rooms in the apartment house of the decision on the choice of the legal entity irrespective of form of business or the individual entrepreneur performing activities for management of the apartment house (further - management company), for the purpose of the conclusion with management company of the agreement of management of the apartment house, decisions on the conclusion with management company of the agreement of rendering services and (or) performance of works on content and repair of common property in the apartment house, decisions on the conclusion with persons of agreements of rendering services in content and (or) performance of works specified regarding 1 Article 164 of this Code on repair of common property in the apartment house, to approval procedure of conditions of these agreements and their conclusions, to procedure for content of common property of owners of rooms in the apartment house and implementation of routine maintenance and overhaul repairs of common property in this house, about the facts of violation of requirements to procedure of the transfer of premises to the non-residential premise in the apartment house, to procedure of re-planning and (or) reorganization of rooms in the apartment house, about the facts of violation by management company of the obligations provided by part 2 Articles 162 of this Code about the violation facts in limiting scope (maximum) indexes of change of the amount of the payment for utilities brought by citizens, about the facts of groundlessness of the size of the established standard rate of consumption of municipal resources (utilities), violations of requirements to structure of standard rates of consumption of municipal resources (utilities), non-compliance with conditions and methods of establishment of standard rates of consumption of municipal resources (utilities), abuses of regulations of content of common property in the apartment house and rules of change of the amount of payment for content of premises, about the facts of violation by lessors of premises in hired houses of social use of mandatory requirements to lessors and employers of premises in such houses, to the conclusion and execution of employment contracts of premises of housing stock of social use and employment contracts of premises, about the facts of violation by local government bodies, resource supplying organizations, persons performing activities for management of apartment houses citizens of requirements to procedure for placement of information in system. The basis for carrying out unscheduled inspection by body of the state housing supervision, body of municipal housing control (in cases of investment with public authorities of subjects of the Russian Federation of authorized bodies of local self-government with separate state powers on conducting checks when implementing licensed control) is the order (order) of the chief state housing inspector of the Russian Federation on purpose of unscheduled inspection issued according to orders of the President of the Russian Federation, the Government of the Russian Federation. Unscheduled inspection on the specified bases is carried out without coordination with bodies of prosecutor's office and without prior notice the checked organization about carrying out unscheduled inspection.

4.3. Activities of regional operators are performed with any frequency and without forming of the annual plan of conducting planned inspections. The term of conducting checks is not limited. Unscheduled inspections of regional operators are carried out without coordination with bodies of prosecutor's office and without prior notice regional operators about conducting such checks.

4.4. Information on the violations specified in part 4.2 of this Article placed in system for bodies of the state housing supervision and bodies of municipal housing control is the official information which arrived in these bodies and the basis for carrying out unscheduled inspection.

5. The officials of bodies of the state housing supervision, municipal housing control who are respectively the state housing inspectors, municipal housing inspectors, according to the procedure, established by the legislation of the Russian Federation, have the right:

1) to request and receive based on motivated written requests from public authorities, local government bodies, legal entities, individual entrepreneurs and citizens information and documents necessary for check of observance of mandatory requirements;

2) freely upon presentation of the official ID and the copy of the order (order) of the head (deputy manager) according to body of the state housing supervision, body of municipal housing control about purpose of check to visit the territory and apartment houses located on it, hired houses of social use, the room public in apartment houses; with the consent of owners of rooms in the apartment house, employers of premises under agreements of social hiring, employers of premises according to employment contracts of premises of housing stock of social use to visit such rooms in the apartment house and to conduct their examinations; conduct researches, testing, investigations, examinations and other actions for control, to check observance by lessors of premises in hired houses of social use of mandatory requirements to lessors and employers of premises in such houses, to the conclusion and execution of employment contracts of premises of housing stock of social use and employment contracts of premises, observance by persons provided according to part 2 of Article 91.18 of this Code, requirements to submission of the documents confirming the data necessary for accounting in the municipal register of hired houses of social use; check compliance of the charter of condominium, housing, building or other specialized consumer cooperative, brought in the charter of such partnership or such cooperative of changes to requirements of the legislation of the Russian Federation; according to statements of owners of rooms in the apartment house to check legitimacy of acceptance by general meeting of owners of rooms in the apartment house of the decision on creation of condominium, legitimacy of election as general meeting of copartners of homeowners, housing, building or other specialized consumer cooperative of board of condominium, housing, building or other specialized consumer cooperative, legitimacy of election as general meeting of copartners of homeowners or board of condominium of the chairman of the board of such partnership, legitimacy of election as board of housing, building or other specialized consumer cooperative of the chairman of the board of such cooperative, legitimacy of acceptance by general meeting of owners of rooms in the apartment house of the decision on the choice of management company for the purpose of the conclusion of the contract of management with it of the apartment house according to Article 162 of this Code, legitimacy of approval of terms of this agreement and its conclusion, legitimacy of the conclusion with management company of the agreement of rendering services and (or) performance of works on content and repair of common property in the apartment house, legitimacy of the conclusion with persons of agreements of rendering services in content and (or) performance of works specified regarding 1 Article 164 of this Code on repair of common property in the apartment house, legitimacy of approval of conditions of these agreements;

3) to issue instructions about the termination of violations of mandatory requirements, about elimination of the revealed violations, about holding actions for ensuring compliance with mandatory requirements, including about elimination in six-months time from the date of the direction of such instruction of discrepancy of the charter of condominium, housing, building or other specialized consumer cooperative made to the charter of changes to mandatory requirements;

4) to constitute protocols on the administrative offenses connected with violations of mandatory requirements, to consider cases on the specified administrative offenses and to take measures for prevention of such violations;

To send 5) to authorized bodies the materials connected with violations of mandatory requirements for the solution of questions of initiation of legal proceedings on signs of crimes.

6. 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.

7. The state housing supervision is not exercised concerning the management companies performing activities for management of apartment houses based on the license for its implementation.

8. 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.

Article 21. Insurance of premises

For the purpose of guaranteeing indemnification, connected with loss (destruction) or damage of premises, insurance of premises according to the legislation can be performed.

Chapter 3. Transfer of premises to the non-residential premise and the non-residential premise to premises

Article 22. Conditions of the transfer of premises to the non-residential premise and the non-residential premise to premises

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.

Article 23. Procedure for the transfer of premises to the non-residential premise and the non-residential premise to premises

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.

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