The state in which housing and communal services is in our country today is criticized by many. Sometimes even forecasts about his impending collapse sound. But what if general criticism escalated into a serious problem requiring immediate resolution - is the roof leaking or the elevator not working? Where to go with a complaint about housing and communal services? What can an ordinary person do when faced with the inaction or non-obligation of his management company?
In this article, we will look at ways to solve such situations.
The main reasons for appeals of this kind will be the following:
- repair work is not carried out in various rooms and facilities (entrances, corridors, pantries, elevators, garbage chutes, attics, basements, utility areas, etc.);
- there is no control, verification and inspection of the common property of the owners;
- the operation of a residential building is violated and not ensured (the case may consist of faulty wiring, unsanitary conditions, parasites, collapsing balconies, walls, structures, etc.);
- garbage collection and disposal has been discontinued;
- measures to clean the premises and territories near the house are ignored;
- engineering networks are not monitored; utilities are delivered with their help;
- disorganized or dishonest work with utilities providers;
- payment rates are constantly increasing without notifying residents;
- the amount of regular payments does not correspond to the quality of the management company;
- no check, replacement / repair of special meters;
- tenants note unsanitary conditions in the house.
Complaints
If you are faced with a problem in the housing sector that has affected you personally, it is important to decide on the place where to apply for a complaint about housing and communal services. The following agencies are responsible for the supervision of management companies in this area:
- The most obvious is the management of the Criminal Code itself. Its director is obliged to respond to complaints from residents of those houses for which the management company is responsible. In some cases, when it comes to the irresponsibility of individual workers, and not the entire organization, your appeal will be effective. You must notify you of the results of the complaint.
- In the event that the previous complaint about the housing and utilities management company is not satisfied, you need to contact the Housing Inspectorate, namely, to its nearest branch. This department considers appeals from citizens in which they say that management companies violate the norms and laws governing the housing and communal services sector.
- In some cases, it is appropriate to write a complaint about housing and communal services in Rospotrebnadzor. Basically, people write appeals to this authority regarding the performance of utilities or non-compliance with the terms of any clauses of the agreement between the tenants and the management company.
- In a number of Russian cities, a department for monitoring the housing and communal services is in the administration. Then the complaint must be submitted directly to this department.
- An individual or collective complaint to the prosecutor’s office for housing and communal services on behalf of the residents of a particular house, since it works on complaints from the population related to violations of rights and laws.
- And as the most radical method of solving the problem - the residents have the opportunity to sue the housing and communal services. It is usually used either when it comes to the need for redress, or when all other attempts made have not solved the problem.
On the sites of almost all of the listed departments, a telephone number is indicated for citizens' appeals, including complaints.On this line, you can report an offense or other problem and leave your contact details for feedback.
The question of where to write a complaint about the housing and communal services has received its permission. Next, we will understand the nuances.
Who exercises control over the housing and communal services?
Management companies are controlled at different levels - federal and local. If we talk about the federal, the function of the controller is performed by the Ministry of Construction of the Russian Federation and the Ministry of Energy of the Russian Federation - each of these departments is responsible for its own sphere. They determine and establish standards for all utilities, control the quality of their provision, etc. And the regional level of housing and communal services is controlled by the Housing Inspectorate. It is designed to verify that management companies comply with all state-established standards. The local level is under the supervision of various departments for the supervision of the activities of management companies. For example, they check permits for real estate in these organizations.
Complaint to management company management
This is the very first step that is worth taking when sending a complaint to the housing and communal services. In your appeal, indicate your data, data directly to the Criminal Code, and also state what the essence of the claims is. Important: it is necessary to mention specific points of legislation that are violated in this situation due to the fault of the management company.
This document must be made in two copies, one of which you leave to the head, and on the second the representative of the Criminal Code must leave his signature, initials, indicate the date and, preferably, the incoming number. If the management company is inactive, this document will be an important evidence of your appeal to it.
A complaint about housing and communal services can be sent by mail. In any case, the management of the housing and communal services company is obliged to consider your claim within the time period established by law, namely within ten days from the moment of its receipt. You are obliged to notify you of the decision that the head of the Criminal Code will take upon your appeal.
Tasks of the State Housing Inspectorate
If after your appeal to the management company the proper reaction did not follow, then it is necessary to file a complaint about the housing and communal services in GZHI. You can apply here not only for problems with the Criminal Code, but also for everything that relates to the directorate of a single customer and even homeowners associations. The State Housing Inspectorate controls all issues related to the unfair work of participants in the housing sector.
This organization was created to carry out a number of critical tasks. This is monitoring the implementation of housing legislation by companies providing housing and communal services, as well as protecting the interests of recipients of housing and communal services.
Below is a sample of how to write a complaint about utilities.
Powers of the State Housing Inspectorate
The inspection carries out the following actions:
- controls housing, the state of communications (engineering and technical), the local area;
- controls compliance with the standards in the provision of utilities of the Criminal Code;
- monitors accident factors, disrepair, determines the date of demolition of old houses;
- controls the Criminal Code in terms of the implementation of measures necessary to prepare for the winter, summer, etc. seasons;
- regulates redevelopment issues;
- considers appeals, claims, complaints of the population about non-compliance with housing laws and the quality of services provided by utilities.
Verification of circulation by the State Housing Inspectorate
In response to the complaint, the GLC organizes a number of monitoring activities. Firstly, this is a complete check on handling. GZHI representatives personally go to the site and find out how the situation described in the complaint about the housing and communal services corresponds to reality. If you need diagnostics, then housing and communal services employees will come with special equipment. Then, this check is fixed, namely, drawing up an act and a protocol for inspecting the room.The results of the verification are entered into it - that the services provided by the management company are actually produced in inadequate quality (or the opposite). Then, if the complaint about the housing and communal services was substantiated, an order is issued to the offender on eliminating the reasons. He is also brought to administrative responsibility and, as a result, fines are paid by the responsible person. If necessary, GZHI will file a lawsuit to terminate the contract with the Criminal Code in order to protect residents.
Appeal to Rospotrebnadzor
This department protects consumer interests, so you need to turn to it in cases where your rights as a consumer are violated. It is governed by the Consumer Rights Act. In what cases can I contact the Rospotrebnadzor?
- Firstly, if the Criminal Code, having drawn up a contract for the provision of utility services, violated the provisions of the above law.
- Secondly, if the norms of the agreement between the Criminal Code and the tenants contradict these provisions.
- Thirdly, if the company in the process of fulfilling the terms of the contract violates the rights of citizens, illegally raising prices, carelessly providing services, etc.
- And fourthly, if the Criminal Code does not fulfill the clauses of its own contract or fulfills, but not in full or inadequate quality.
This appeal can be entered personally in this department, sent by mail (regular or registered letter) or sent via the online reception on the website of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
When do I need to contact the prosecutor?
If all of the above methods did not have an effect, you can write a complaint about the housing and communal services to the Prosecutor's Office. Only the document that you send to this body should be a statement.
Passing through the previous stages is important, because if you have not made an attempt to solve the problem through the Criminal Code or the State Duma, the prosecutor will redirect your application to them. As in previous situations, you can contact either in person by submitting a statement, either through mail, or using the online service on the prosecutor’s website.
A sample application or, in a simple way, a sample complaint to the prosecutor’s office for housing and communal services can be found on the organization’s official website.
When is a court appropriate?
Appeal to the court is appropriate only in the following cases:
- If the previous (one or several) industry organization accepted your complaint and made a decision that suits you, but the management company did not properly execute it.
- If all possible authorized bodies have received your complaint, but their decision does not suit you and you want to sue them.
- If you (and other owners) were damaged by the action or inaction of the Criminal Code, and it can be compensated exclusively through the court.
Rules for filing a complaint about housing and communal services
The complaint must be written in paper or electronic form. It should be submitted to all competent authorities on your issue in increasing degree of their level. The document must indicate: your surname, name, patronymic, passport data, data of the organization to which you are writing an appeal. If they want to file a complaint about housing and communal services collectively, then each applicant must indicate his personal information in it.
This document should not contain any crossed out words, lines, or abbreviations or corrections. Outlining the essence, you should refer to a specific law, the content of which proves the violation of your rights. If you are not applying for the first time, then you must provide copies of your previous complaints on the same issue. It is also allowed to attach any documents that somehow confirm the situation.
We put the date at the end of the document, leave our signature and, if necessary, the signature of all other applicants.
This article answers the question of how to write a complaint about housing and communal services.
Complaint to the deputy
Few people know that a deputy can complain about housing and communal services. In some cities, deputies from their region are actively involved in improving the housing and communal conditions of citizens, etc.In general, the appeal to the deputy is the same as in the cases described above, only instead of the data of the department you indicate his data.
An appeal to a deputy is useful because his status provides an opportunity to contact the relevant state agency for a quick solution to the problem. Therefore, it will not be out of place in your complaint to indicate the need for such assistance.