What does the housing inspectorate do? Among the numerous organs, it is one of the organizations whose subject of activity is probably understandable to every person. However, in more detail, it is endowed with powers aimed at protecting and protecting the rights of citizens.
Housing Supervision System
To date, the authority to organize a housing inspection has been transferred to the regions, and they are independently building its work. They must monitor the implementation of the law. In addition, no one cancels prosecutorial oversight of complaints from citizens and organizations. Judicial control also works.
Legislative regulation
Her work is organized in accordance with a list of legislative acts. Without studying them, it is difficult to understand what the housing inspection does:
- Constitution;
- Housing Code;
- Decree of the Government of the Russian Federation “On State Housing Supervision” of 2013;
- Guidelines adopted at the level of the Ministry of Construction of the Russian Federation;
- The regulation on the organization of housing supervision adopted at the level of each region (I must say their contents are identical);
- The Law “On the Protection of the Rights of Legal Entities and Entrepreneurs under State and Municipal Controls” - regulates the limits and boundaries, the procedure for conducting inspections of supervised organizations;
- CAO - describes the conditions and procedure for bringing to responsibility for administrative violations;
- other normative acts, one way or another affecting the scope of the organization.
More often in legal practice, the penultimate two normative acts are applied. They most fully reflect the authority and scope in which the inspection is required to operate.
Inspection Tasks
What does the housing inspectorate do? The answer to this question is contained in the above acts:
- identification and adoption of measures to stop violations committed by citizens, legal entities, organizations and authorities;
- supervision of the implementation of legislation on energy conservation;
- identification and adoption of measures to stop violations of housing legislation;
- control over the implementation of standards for the maintenance and use of housing, regardless of ownership and affiliation;
- control over the implementation of standards for the maintenance and use of the common property of apartment buildings;
- supervision of the activities of organizations and entrepreneurs managing apartment buildings;
- supervision of capital repair funds;
- supervision of the correct collection of housing and communal services.
This is a rough list of what the housing inspectorate does, the functions or directions of its activities.
Inspection Authority
Now we will understand specifically what the housing inspectorate is doing, performing its tasks:
- organization of checks on the implementation by citizens and organizations, entrepreneurs of the requirements of the law;
- consideration of complaints of citizens and organizations;
- taking measures in accordance with the law when detecting violations;
- participation in the decision-making process on recognizing housing as dilapidated or unfit for habitation;
- analysis of the material collected during the systematic observation of the persons under surveillance.
Organization of inspectors
What the housing inspectorate is doing, it is clearly seen in the example of its individual employees, they have the right:
- request documents and information for inspections;
- to pass into the territory of objects for conducting inspections, showing a certificate and a copy of the order on the inspection;
- the right to enter a dwelling arises if consent is given by its owner or owner;
- conduct inspection, examination;
- to verify the legality of the creation of HOAs;
- to verify the legality of the provisions of the charter of the HOA, amending it;
- verify the legality of the election and appointment of HOA officials;
- verify the legality of the choice of the managing organization by the general meeting of owners.
The powers in terms of control over the activities of HOAs, the points on which inspectors are entitled to carry out inspections and issue orders, are set forth directly in Art. 20 housing code.
Execution of actions
What does the state housing inspectorate do? Authorized persons are entitled to:
- consider complaints and make decisions on them using existing powers;
- draw up acts during inspections;
- issue instructions;
- bring to administrative responsibility (draw up protocols, conduct an administrative investigation, make decisions in such cases).
Handling complaints
No more than a month is allotted for their consideration. If there are not enough documents or other information to make a decision, then additional materials are required.
Does it make sense to complain? Having answers or copies of applications with marks of acceptance in the office, the citizen will have a reason and a foundation for further actions. In addition, the courts like to ask whether attempts were made to settle the matter differently, without going to court.
The law also provides for the right to complain directly about an inspection’s action or inaction in accordance with CAS standards (section on appealing against actions of officials). The inspector may agree with the arguments of the citizen's statement.
In this case, the result is an order binding on violators. Disagreement with the arguments is made out in a letter.
Checks
According to the law, scheduled and unscheduled inspections of objects and organizations in the housing sector are carried out. In particular, the level of readiness of facilities for the transition to the new heating season.
The schedule of scheduled inspections is approved annually. If complaints are received from citizens or organizations, or the authorities send materials that serve as the basis for the audit, it is carried out in an unscheduled manner.
During the audit, an act is drawn up, which reflects its course, revealed violations, signatures of inspectors and other persons are put. Those who disagree have the right to make their comments.
As a rule, the activities of an inspector are regulated by special regulations or instructions. The result of the audit is the instructions and protocols drawn up for the perpetrators.
The procedure for conducting inspections is regulated by the law on the protection of the rights of organizations and entrepreneurs under state or municipal control.
What is the meaning of the requirements?
Prescriptions are official requirements for eliminating violations of the law.
Despite being binding, they do not have the power of a judgment. In fact, officials are not responsible for ignoring them. Among the functions of the state housing inspectorate is the protection of citizens' rights, including by filing a lawsuit. And an unfulfilled order is the basis to file a lawsuit in court. In case of failure to comply with the court decision, the bailiffs and other bodies begin to deal with the problem.
Refusal or evasion of a court decision by an official of an organization, regardless of ownership, entails liability under the Criminal Code.
Accountability
Having received information about violations from other persons or identifying them during the inspection, the authorized service officer is obliged to draw up a protocol and take measures to collect evidence.
The collected materials are transferred to the official reviewing them and a decision is made. Usually, this is done by the head of the department or another employee who has received the corresponding order.
Finally
So what is the responsibility of the housing inspection? What does this state body do?
In short, this includes:
- conducting inspections of housing and utilities facilities, the degree to which legislation responsible for them has been completed;
- consideration of complaints of citizens and organizations;
- administrative prosecution of violators;
- appeal to the courts in order to force them to fulfill their requirements and eliminate violations of other persons.
The courts regularly hear disputes between the housing inspectorate and the HOA and management companies.
Based on everything described, it would be more accurate to call the organization - the state housing and communal inspection.