Resolution 170 p. Norms and rules for technical operation of housing stock

Emergency housing

Resolution of the State Construction Committee No. 170 dated September 27, 2003, current edition

- a basic set of rules for maintaining an apartment building that every owner should know.

This document remains an encyclopedia of an active owner to this day. Resolution No. 170 describes in detail each work on housing maintenance, their deadlines, responsible persons, and the responsibilities of all participants. Here you can also find out about the time and frequency of repairs in the house, what is included in both current and major repairs, and in what cases you can insist on carrying out this type of work.

Resolution No. 170 is becoming increasingly popular among activists in the housing and communal services sector. It is referred to in numerous disputes, including judicial ones. This document regulates every action - periodic or one-time - in an apartment building. The resolution of the State Construction Committee will tell you what, how and when the management company should carry out, and what to do if you notice a violation of all these rules.

The set of rules and regulations for the operation of housing stock contains answers to all questions. For example, it describes in detail and clearly what redevelopment of a premises is, what work is involved, what responsibility the residents will bear if these changes are not registered. Thus, redevelopment is considered not only the demolition of walls, but also the installation of a jacuzzi or a powerful washing machine.

The work that must be carried out in the house is described to the last letter:

• how many times a year should inspections of the housing stock be carried out, when and under what conditions will they be carried out out of turn;
• where to complain if the work was not completed or turned out to be of poor quality;
• where to go and what documents need to be collected if the house begins to collapse;
• what specific work is the management company required to perform in the basement, attic, entrance, apartment;
• how often should the common areas inside the house and surrounding area be cleaned;
• maintenance of the facade from various materials - wood, brick, tiled, etc.

A separate point is the operating rules of management companies and emergency dispatch services. This resolution will tell you when the application must be accepted, when it will be reviewed and completed, and what to do in an emergency. This also includes seasonal work - what can be done at any time, and what can only be done in the warm or cold season.

If you don’t know exactly what the sanitary maintenance of a house should look like or you are thinking about landscaping your yard, then you should take a look at Gosstroy Resolution No. 170.

The full version of the document can be found

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 )

The effect of this document causes serious difficulties in 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. The Law of the Russian Federation dated December 24, 1992 N 4218-1, mentioned in this Resolution of the State Construction Committee 170, became invalid due to the adoption of the Federal Law dated December 29, 2004 N 189-FZ, which brought into force the Housing Code of the Russian Federation on March 1, 2005. That is, the controversial Rules were developed on the basis of a law, which was then repealed by the law that put the Housing Code of the Russian Federation into effect!

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 of judicial practice of the Supreme Court of the Russian Federation No. 3 (2017) ", approved by the Presidium of the Supreme Court of the Russian Federation 12.07.2017 courts, the lower courts have been directed that “a management company, within the framework of business activities for the management of apartment buildings, may be held administratively liable 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 standards. Regulations on the organization and implementation of reconstruction, repair and maintenance of buildings, communal and socio-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).

Lawyers who advise users online and by phone are often asked the following question: “where can I find Resolution 170 of the Government of the Russian Federation with the latest amendments of 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 for the technical operation of the 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 stated that the provisions of the document “do not contradict current federal legislation.”

There is an opinion that a normative legal act based on and referring to an invalid law cannot be applied. The text of the resolution includes 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. Rules for the maintenance of 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.
• rules for the operation, major repairs and reconstruction of housing and communal services facilities, ensuring the safety and maintenance of the housing stock, and technical inventory.
• the obligation of owners to pay for housing and utilities without violating deadlines.
• a recommended list of work on the maintenance of residential buildings performed by a housing maintenance organization and an approximate list of work on routine repairs.
• rules for preparing MKD for seasonal use.
• procedure for maintaining premises, landscaping buildings and adjacent areas (including apartments, staircases, attics and basements, technical utility 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. A comprehensive procedure for the operation of MKD has been established, including preventive inspections.

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 No. 184 of 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, and local self-government bodies.”

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 Gosstroy 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.

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1. Electronic applications within the sphere of competence of the Ministry of Construction of Russia, filled out in accordance with the attached form, are accepted for consideration.

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