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Resolution of the Russian State Committee for Construction 170

I. Fundamentals
II. Organization Maintenance and current repairs housing stock
2.1. Residential building technical inspection system
2.2. Maintenance of residential buildings
2.3. Organization and planning of current repairs
2.4. Organization and planning of major repairs
2.5. Organization of maintenance of residential buildings planned for major repairs
2.6. Preparing housing stock for seasonal use
2.7. Organization and functioning of the joint dispatch service (UDS), emergency repair service (ARS)
III. Maintenance of premises and local area
3.1. Apartment maintenance rules
3.2. Content stairwells
3.3. Attic contents
3.4. Maintenance of basements and technical underground areas
3.5. External improvement of buildings and territories
3.6. Cleaning the local area. Organization of territory cleaning.
Summer cleaning
Table 3.1
Winter cleaning
Table 3.2
Features of winter cleaning in Northern cities climate zone
3.7. Sanitation, garbage and recyclable materials collection
3.8. landscaping
IV. Maintenance and repair building structures
4.1. Basement foundations and walls
4.2. Walls
4.2.1. Stone walls (brick, reinforced concrete)
4.2.2. Wooden walls
4.2.3. Facade finishing
4.2.4. Balconies, canopies, loggias and bay windows
4.3. Floors
4.4. Floors
4.5. Partitions
4.6. Roofs
4.6.1. Maintenance Requirements
4.6.2. Combined (atticless) roofs
4.6.3. Attic roofs
4.6.4. Drainage devices
4.7. Windows, doors, skylights
4.8. Stairs
4.9. Furnaces
4.10. Special Events
4.10.1. Monitoring the condition of metal embedded parts, protecting structures and pipelines from corrosion.
4.10.2. Protection of structures from moisture and control of sealing interpanel joints in prefabricated buildings
4.10.3. Protection wooden structures from destruction by house fungi and wood-destroying insects
4.10.4. Noise reduction and soundproofing of premises
Table 4.2
4.10.5. Thermal insulation of enclosing structures
V. Maintenance and repair engineering equipment
5.1. Heat supply
5.2. Central heating
5.3. Hot water supply
5.4. Decentralized heat supply
5.5. Internal devices gas supply
5.6. In-house electrical, radio and television equipment
5.7. Ventilation
5.8. Internal water supply and sewerage
5.9. Garbage chutes
5.10. Elevators
VI. Features of maintenance and repair of residential buildings in various territories
6.1. Basic provisions
6.2. Areas of subsidence soils
6.3. Areas of saline soils
6.4. Mining areas
6.5. Seismic areas (6 points and above)
6.6. Permafrost areas

APPLICATIONS:
Appendix No. 1. Frequency of planned and partial inspections of building elements and premises
Appendix No. 2. Time limits for troubleshooting when performing unscheduled (unforeseen) routine repairs individual parts residential buildings and their equipment
Roof
Walls
Window and door fillings
Internal and exterior decoration
Floors
Furnaces
Sanitary equipment
Electrical equipment
Elevator
Appendix No. 3
Logbook for recording the results of inspections of a residential building
Results of inspection of building structures and engineering equipment of the building
Appendix No. 4. List of works for the maintenance of residential buildings
A. Work performed during technical inspections and rounds individual elements and premises of residential buildings
B. Work performed in preparing residential buildings for operation in the spring and summer
B. Work performed in preparing residential buildings for operation in the autumn-winter period
D. Work performed during partial inspections
D. Other work
Appendix No. 5. Journal of registration of requests from the population for the prompt elimination of malfunctions and damage to engineering equipment in a residential building
Appendix No. 6. Integrated standards for the duration of current repairs of residential buildings
Appendix No. 7. List of works related to current repairs
1. Foundations
2. Walls and facades
3. Floors
4. Roofs
5. Window and door fillings
6. Apartment partitions
7. Stairs, balconies, porches (umbrellas-visors) over entrances to entrances, basements, over balconies upper floors
8. Floors
9. Stoves and hearths
10. Interior decoration
11. Central heating
12. Water supply and sewerage, hot water supply
13. Power supply and electrical technical devices
14. Ventilation
15. Garbage chutes
16. Special common house technical devices
17. External landscaping
Appendix No. 8. Approximate list of work performed during major repairs of housing stock
Appendix No. 9. Certificate of readiness of the house for operation in winter conditions
I. General information
II. Results of facility operation in winter conditions of the past 200_
III. Volumes of work performed to prepare the facility for operation in winter conditions 200_
IV. Results of checking the readiness of the facility for winter 200_
Appendix No. 10. Furnace malfunctions, causes and methods of eliminating them
Appendix No. 11. Graph of qualitative regulation of water temperature in heating systems at various calculated and current outside air temperatures (with calculated differences in water temperature in the heating system 95 - 70 and 105 - -70 degrees C)

Lawyers who advise users online and by phone are often asked the following question: “where can I find 170 Resolution of the Government of the Russian Federation with latest changes 2018? In this case, another document is most often implied - Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170. No changes were made to it in 2018. This document, the most important for the housing and communal services sector, has existed in its original version for 15 years and continues to be actively used, which is also confirmed by the judicial practice of the Supreme Court of the Russian Federation.

Let us tell you in more detail what Resolution No. 170 of the State Construction Committee of the Russian Federation is, and in what cases it is applied in practice in 2018.

Normative base

Full name of the document under consideration: Resolution No. 170 of September 27, 2003 “On approval of rules and regulations technical operation housing stock." It was adopted by the State Committee of the Russian Federation for Construction and Housing and Communal Sector and registered by the Ministry of Justice on October 15. 2003 under No. 5176 and came into force on November 3, 2003.

The standards were assigned the internal number MDK 2-03.2003 in accordance with the All-Russian Construction Catalog. The abbreviation MDK stands for methodological documents.

Despite the fact that information often appears on the Internet that Resolution No. 170 of the State Construction Committee of the Russian Federation dated September 27, 2003 (with or without amendments) was repealed, it is still in effect today.

They have repeatedly tried to challenge Gosstroy Resolution No. 170. However, the Supreme Court refused to overturn the decision. The decision dated October 25, 2013 states that the provisions of the document “do not contradict current federal legislation.”

There is an opinion that legal act, based on and referring to an invalid law, cannot be applied. The text of the resolution includes the Law of the Russian Federation No. 4218-1 of December 24, 1992 “On the Fundamentals of Federal Housing Policy,” which has become invalid.

In addition, the adoption of the new Housing Code in December 2004 led to the approval:

  1. Content Rules common property(Government Decree No. 491 of August 13, 2006);
  2. Minimum list of services and works necessary to ensure proper maintenance of common property in apartment buildings (approved by Government Decree No. 290 of 04/03/2013).

If you look at current judicial practice, for example, acts of the Supreme Court:

  • dated December 14, 2015 in case No. A50-24120/2014,
  • dated June 7, 2018 in case No. A57-8937/2017,
  • dated April 2, 2018 in case No. A64-7957/2017, etc.,

then it will become clear that the Gosstroy act is now actively used even by the highest court, not to mention the lower ones.

The resolution consists of 6 main sections and 11 annexes.

They install:

  • requirements for the procedure for maintenance and repair of housing.
  • operating rules, major renovation and reconstruction of housing and communal services facilities, ensuring the safety and maintenance of the housing stock, technical inventory.
  • the owner's obligation to pay for housing, public utilities without missing deadlines.
  • recommended list of work on the maintenance of residential buildings, carried out by an organization for the maintenance of housing stock and sample list current repair work.
  • rules for preparing MKD for seasonal use.
  • procedure for maintaining premises, improving buildings and adjacent areas(including apartments, landings, attic and basements, technical rooms, etc.).
  • time frames for troubleshooting during urgent repairs.

Rules No. 170 regulate not only the status of authorized entities for the maintenance of structural elements of a building and engineering equipment. Installed comprehensive order operation of MKD, including preventive examinations.

The document is very detailed, it even contains a rule that “watering sidewalks in the hottest part of the day should be done as needed, but at least twice a day” (clause 3.6.11).

The Decree of the State Construction Committee describes in detail what can and cannot be done during the reconstruction and redevelopment of residential premises (see picture below).

Application issues and judicial practice

There are numerous problems and controversies associated with Regulation 170. In accordance with the instructions of Federal Law-184 dated December 27, 2002 “On technical regulation", acts of executive authorities have advisory value. A similar rule is contained in clause 2.3 of Art. 161 LCD. Resolution 170 was not approved by the Government; it was adopted by the State Committee. It turns out that the act of Gosstroy is not mandatory, although the preamble to the text states that the norms “are mandatory for execution by executive authorities of the constituent entities of the Russian Federation, state control and supervision bodies, local government».

However, regulatory authorities continue to refer to Resolution 170. The fact is that neither Rules 491 nor the Minimum List contain such details as the State Construction Act.

Note! The Ministry of Construction believes that the 2003 rules should be applied only when they do not contradict current laws (letter No. 19304-OG/04 dated May 24, 2016).

In August 2017, the Ministry of Construction was preparing another project, which was supposed to cancel Act No. 170. But this did not happen.

One of the most discussed and controversial documents in the housing and communal services sector is Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” or simply: State Construction Resolution 170 with latest changes(You can download the document at the end of the article )

Action of this document poses a serious obstacle to the work of management companies. So, for example, providers constantly refer to clause 5.6.24. Resolution 170 of the State Construction Committee ( The housing maintenance organization is obliged to: ... ensure unimpeded access for workers of telecommunications enterprises to roofs and attics ).

Is Resolution 170 applicable to the work of a management organization when maintaining common property?

Indeed, in the context of the Housing Code of the Russian Federation, there are Rules for the maintenance of common property approved by the Government of the Russian Federation. Law of the Russian Federation dated December 24, 1992 N 4218-1, mentioned in this Resolution of the State Committee for Construction No. 170, has become invalid due to the adoption Federal Law dated December 29, 2004 N 189-FZ, which came into force on March 1, 2005 Housing Code RF. That is controversial Rules were developed on the basis of a law, which was then repealed by the law that introduced the Housing Code of the Russian Federation!

The introductory part of Gosstroy Resolution 170 speaks of the advisory nature of this document. In accordance with the All-Russian Construction Catalog (SK-1), the Rules are assigned the number MDK 2-03.2003 (that is, methodological documents). The rules of the State Construction Committee of the Russian Federation are not a normative legal act.

How to apply it without taking into account the norms of the current housing legislation? For example, how to comply with the requirement that window frames in an apartment be the same color if, according to PP 491, they no longer belong to the common property of the house.

There are also arguments among supporters of the opinion that Gosstroy Resolution 170 should not be applied. However, not a single court, from justices of the peace to higher authorities, accepts these arguments and refuses to satisfy the plaintiffs’ demands to cancel the decision to prosecute under Art. 7.22 Code of Administrative Offenses of the Russian Federation.

New judicial practice

In point 29 « Review judicial practice Supreme Court Russian Federation N 3 (2017) ", approved by the Presidium of the Supreme Court of the Russian Federation 12.07.2017 courts have made instructions to lower courts that “ Management Company within entrepreneurial activity for the management of apartment buildings may be brought to administrative liability for Part 2 Art. 14.1.3 Code of Administrative Offenses of the Russian Federation, and not according to Art. 7.22 Code of Administrative Offenses of the Russian Federation". And local government bodies carrying out control measures, if there is a corresponding law of the subject of the Russian Federation, can draw up protocols only on those administrative offenses that are directly provided for part 7 art. 28.3 Code of Administrative Offenses of the Russian Federation (including Part 1 Article 19.5 Code of Administrative Offenses of the Russian Federation).

“The company has been issued a license to carry out business activities in the management of apartment buildings. Consequently, the society that committed the violation Rule No. 170 within the framework of entrepreneurial activities for the management of apartment buildings, could be brought to administrative liability only for Part 2 Art. 14.1.3 Code of Administrative Offenses of the Russian Federation, as being in the case under consideration special in relation to Art. 7.22 Code of Administrative Offenses of the Russian Federation. At the same time, according to Art. 7.22 Other entities responsible for the maintenance of residential buildings and (or) residential premises may be held administratively liable by the Code of Administrative Offenses of the Russian Federation.”

Hence, " State Construction Resolution 170 with the latest amendments" lives and thrives. For violation of the Rules specified in this non-normative act, liability is provided for both management companies (under Part 2 of Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation) and for HOAs/housing cooperatives (under Article 7.22 of the Code of Administrative Offenses of the Russian Federation).

Download documents:
  • Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170“On approval of the Rules and Standards for the technical operation of the housing stock” (Registered with the Ministry of Justice of the Russian Federation on October 15, 2003 N 5176) as of as of March 01, 2019 .
  • On the issue of organizing and carrying out reconstruction, repair and maintenance of residential buildings, download also Order of the State Committee for Architecture dated November 23, 1988 N 312“On approval of departmental building standards of the State Committee for Architecture “Regulations on the organization and implementation of reconstruction, repair and maintenance of residential buildings, communal and socio-cultural facilities”

    (together with “VSN 58-88 (r). Departmental building codes. Regulations on the organization and implementation of reconstruction, repair and maintenance of buildings, public utility and social-cultural facilities")
    The provisions of this document apply to the extent that does not contradict the Town Planning Code of the Russian Federation (letter from the Ministry of Construction of Russia dated December 10, 2018 N 49277-OD/08).

2. Do not apply on the territory of the Russian Federation the order of the Ministry of Housing and Communal Services of the RSFSR dated January 5, 1989 No. 8 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock.”

These Rules and Standards for the Technical Operation of the Housing Stock have been developed in accordance with the Law of the Russian Federation of December 24, 1992 N 4218-1 “On the Fundamentals of Federal Housing Policy” (as amended and supplemented) and paragraph 53 of the Regulations on the State Committee of the Russian Federation for Construction and Housing communal complex, approved by the Government of the Russian Federation dated November 24, 1999 N 1289, and determine the rules for the operation, major repairs and reconstruction of housing and communal services, ensuring the safety and maintenance of the housing stock, technical inventory and are mandatory for execution by executive authorities of the constituent entities of the Russian Federation , state control and supervision bodies, local government bodies.

1.1. These Rules and Standards for the technical operation of the housing stock determine the requirements and procedure for maintenance and repair of the housing stock in order to:

Carrying out a unified technical policy in the housing sector, ensuring compliance with the requirements of current standards for the maintenance and repair of residential buildings, their structural elements and engineering systems, as well as local areas;

Ensuring compliance with established standards for maintenance and repair by owners of the housing stock or authorized managers and organizations of various organizational and legal forms engaged in servicing the housing stock.

1.2. In accordance with the Law of the Russian Federation of December 24, 1992 N 4218-1 “On the fundamentals of federal housing policy” (as amended and supplemented):

Housing stock - the totality of all residential premises, regardless of the form of ownership, including residential buildings, specialized houses (dormitories, shelter hotels, houses of flexible stock, residential premises from the housing stock for the temporary settlement of internally displaced persons and persons recognized as refugees, special houses for single elderly people , boarding houses for the disabled, veterans and others), apartments, office premises, other residential premises in other buildings suitable for habitation.

1) a fund owned by citizens: individual residential buildings, privatized, built and purchased apartments and houses, apartments in houses of housing and housing construction cooperatives with a fully paid share contribution, in houses of associations of individual apartment owners, apartments and houses purchased in property by citizens on other grounds provided for by law;

2) a fund owned by legal entities (created as private owners), built or acquired at the expense of their funds, including at the expense of housing and housing construction cooperatives with an incompletely paid share contribution.

1) departmental fund, which is state property of the Russian Federation and is under full economic control state enterprises or operational management government agencies related to federal state property;

2) a fund owned by the constituent entities of the Russian Federation, as well as a departmental fund that is under the full economic control of state enterprises or the operational management of state institutions related to the corresponding type of property;

A fund owned by a district, a city, its constituent administrative-territorial entities, including the cities of Moscow and St. Petersburg, as well as a departmental fund that is under the full economic control of municipal enterprises or the operational management of municipal institutions.

1.3. Citizens, non-governmental, public organizations and other voluntary associations of tenants, tenants and owners of residential premises in buildings of all forms of ownership have the right to participate in the management

[Comment below] I ask the moderator to post full text letters from the Ministry of Regional Development of Russia and a similar comment in the first news, since an incorrect interpretation of substantive law violates the interests of other owners of premises (when the management organization is obliged to carry out work not provided for by the decision of the general meeting of premises owners, but at the expense of such premises owners).

I apologize, but in the preamble of Section I of these Rules and Norms for the Technical Operation of the Housing Stock, it is clearly stated that they are binding on authorities and management, but not on citizens and their associations (including partnerships and business entities - management organizations or service providers... .). useful link http://www.urbaneconomics.ru/publications/?mat_id=461#_edn5. these arguments were subsequently stated by the Deputy Minister of Regional Development of the Russian Federation in a letter dated October 14, 2008 N 26084-SK/14 (Sergey Kruglik): quotes: b) in accordance with Articles 162 - 164 of the Code and part 2 of Article 18 of the Federal Law N 189-FZ, the volume of responsibility of management and contracting organizations cannot be greater than the volume of obligations under the relevant agreement concluded by the owners of the premises with such organizations;
c) the legislation of the Russian Federation does not provide for the possibility of unilateral establishment by a management or contracting organization of a list of services and works for the maintenance and repair of common property in apartment building, the conditions for their provision and implementation, as well as the amount of their financing. These provisions must, in accordance with Part 3 of Article 162 and Article 164 of the Code, be indicated in concluded agreements. In accordance with paragraph 17 of the Maintenance Rules, the owners of premises are required to approve at a general meeting a list of services and works, the conditions for their provision and implementation, as well as the amount of their financing. The services and work provided for by the Rules and Standards for the Technical Operation of the Housing Stock approved by Resolution of the State Committee for Construction of Russia dated September 27, 2003 N 170 are mandatory for the management or contracting organization ONLY IF THEM ARE INDICATED IN THE CONTRACT. In other cases, these rules, in accordance with Part 3 of Article 4 of the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, are of an ADVISORY NATURE.
d) housing legislation DOES NOT PROVIDE THE OBLIGATION to perform services and work for the maintenance and repair of common property in an apartment building without commensurate payment for such services and work (clauses 29 and 35 of the Maintenance Rules);
f) failure by the management or contracting organization to fulfill the list of services and works for the maintenance and repair of common property in an apartment building is a violation of the rules for maintaining common property in an apartment building and (or) residential premises, if the contract implies an obligation to perform such service or work for the corresponding amount fee. This violation indicates the illegality of actions or inactions and the presence of an objective side to the offense. The absence of unfulfilled services and works in the list of services and works contained in the contract indicates the absence of an obligation to perform unordered and unpaid services and works, which indicates the absence of an administrative offense in the actions of the managing or contracting organization, regardless of the presence in the contract of an obligation to perform other services and work;
According to paragraph 2 of article 2.1 of the Code of Administrative Offenses entity is found guilty of committing an administrative offense if it is established that he had the opportunity to comply with the rules and regulations, for violation of which the said Code or the laws of a constituent entity of the Russian Federation provides for administrative liability, but this person did not take all measures depending on him to comply with them . It is necessary to take into account that the manager or contractor does not have the opportunity to comply with the rules, for violation of which Article 7.22 of the Code of Administrative Offenses provides for administrative liability, if the owners of the premises have not ordered on a paid basis the services and work necessary to maintain the common property in an apartment building in accordance with the requirements of the law. If the management organization proposed to the owners of the premises to make changes to the management agreements regarding the performance of work necessary for the proper maintenance of the common property, and the owners of the premises did not carry out general meeting or refused the proposed changes, then the management organization IS NOT RESPONSIBLE FOR FAILURE TO PERFORM THE RELEVANT WORK. I remind you that the Ministry of Regional Development of Russia is authorized by the Government of the Russian Federation to provide clarifications on issues of housing legislation (both based on the Regulations on the Ministry of Regional Development of Russia, and directly - paragraph 8 of the Decree of the Government of the Russian Federation dated 08.13.2006 No. 491 and paragraph 3 of the Decree of the Government of the Russian Federation dated 06.05 .2011 No. 354, etc.).