Where to go if there is no heating - we complain to the Criminal Code, housing inspection, Rospotrebnadzor and authorities

Content

Future Actions: Temperature Sensor Meter
Where to apply
Director of the UK
State Housing Inspectorate
Rospotrebnadzor
Prosecutor's office
Court
What is the responsibility of the resource supplying organization?
How to properly file a complaint
Submission nuances
To whom and how to complain about the cold in the apartment SAMPLE DOCUMENT
Normative base
What is included in the repair responsibilities?
If the UK refuses
How to get it done?
Reasons why batteries may not heat up
Answer
Drawing up an application

Future Actions: Temperature Sensor Meter

Recently, the industry has launched the production of a hot water meter with a temperature sensor. Such a meter allows you to really take into account only hot water. If it is warm, then it is considered as cold and is paid at the appropriate rate.

Therefore, such water is added to the amount of cold water that was consumed during the accounting period. And the consumer actually pays only for hot water.

The requirements of consumers in this regard are satisfied by the Sayany T-RMD hot water meter.

However, some inconsistencies have not yet been resolved. So, in order to recalculate the consumption of cold and hot water, it is necessary to call representatives of the supplier and the management company.They, in turn, must draw up an act on the basis of which a recalculation is made.

That is, so far there is no possibility of automatic recalculation. And this forces consumers to increasingly apply to the court for the protection of their violated rights.

In addition, the consumer, having purchased such a smart meter, is faced with the unwillingness of public utilities to install, seal and put it into operation.

Moreover, the consumer, having such a meter, shifts part of his payment to other apartment owners who do not have such a device.

And finally - installing a meter with a temperature sensor does not solve the problem of hot water supply. If water is supplied in violation of the temperature regime, then the meter will not heat it to the desired level. Thus, the issue of installing a water heater remains on the agenda.

Watch the video. How not to pay for "cold" hot water:

Where to apply

First of all, they complain directly to the director of the management company in order to try to solve the problem in a peaceful way. The application must be taken to the management company serving the house, as a result of which the development of events may be as follows:

the requirement described in the claim will be fulfilled;
the problem will remain ignored by the management company.

But if it remains unanswered, there was no reaction, then it is necessary to write a claim to higher authorities. So, where to complain about the management company:

GZhI (housing inspection);
Rospotrebnadzor;
Prosecutor's Office;
Court.

Consider who to write a complaint about the management company in different cases.

Director of the UK

Despite the fact that many consider it a useless idea to appeal to the head of the management company, written complaints are quite often considered and appropriate actions are taken. After all, it is beneficial for both parties to resolve the conflict peacefully, and most of the Criminal Codes are trying to fulfill the requirements of the tenants who wrote the claim.

The application is considered within 10 days from the date of submission and acceptance, submitted in two copies. Sometimes, despite receiving a response, no real action follows. And then you should already complain about the management company to higher organizations.

State Housing Inspectorate

The activity of the GZhI is to protect the rights of homeowners and maintain their living space in good condition. This is a government organization whose functions are to oversee:

implementation of housing and operational rules;
compliance with the standards for the use of living space, the quality of preparing the house for the beginning of the heating season;
implementation of standards for the supplied public services;
legality and implementation of the Criminal Code of normative acts.

The term for responding to a complaint to the GZhI is 30 days. It is worth saying that inspections by the housing inspectorate are carried out very carefully, and decisions are always objective. If the management company does not fulfill its obligations, if violations are detected, the perpetrators are brought to sanctions, as well as to the elimination of all identified shortcomings, even if they were not indicated in the text of the claim. A sample complaint can be downloaded on the Internet, for example, on the website of the city's housing inspection.

Rospotrebnadzor

Before filing a complaint against the housing and communal services management company with this organization, you should send a claim to the Criminal Code itself.If there is no answer at all or a negative one is received, then a request for resolving the situation is sent to Rospotrebnadzor for an unscheduled inspection. A complaint form is available on the organization's website. It can be sent via the Internet or in person in writing.

In addition to reflecting the previously described information in the text of the complaint about the inaction of the Criminal Code, it is also necessary to list the authorities to which the residents had previously applied with a similar request. After detection of violations, Rospotrebnadzor of the Criminal Code is obliged to take measures to eliminate violations, sanctions against violators are possible.

Prosecutor's office

A claim is written to this body if:

intentional or improper use of money, namely fraud, misappropriation, embezzlement;
inaction, disenfranchised actions of supervisory and control bodies.

In this case, the prosecutor's office checks and investigates all the details of what happened, as a result of which the violators are brought to administrative and sometimes criminal liability.

Court

The complaint is considered in court when, despite the elimination of all violations, it is necessary to compensate the material damage to the applicants. The claim is drawn up in accordance with the general rules, a sample of it is in court with the secretary, at the stand or on the website of the judicial authority. The claim can be filed by the citizen himself. Also, sometimes the interests of the injured tenant or tenants who filed a complaint may be represented by the prosecutor's office. The reasons for such claims may be, for example:

snow not removed from the roof in time, which led to a leak or breakage of the roof with further damage to real estate;
an uncut tree, a poorly installed pole, which damaged a car parked in the local area.

According to the Civil Code of the Russian Federation, a claim must be filed at the location of the Criminal Code, unless otherwise specified by the contract.

If your management company does not fulfill its obligations, you should not be inactive. It is imperative to write a complaint against the management company and demand the elimination of violations; sample applications are publicly available on the Internet. Now you know who to write to and how to assert your rights in each of the possible cases.

What is the responsibility of the resource supplying organization?

What to do if hot water was not given at the set time after maintenance work? First you need to make sure that there was no accident on the heating main. If this fact is not confirmed, and unscrupulous public utilities do not give explanations for what is happening, then consumers can complain about a violation of the law to one of the following bodies:

local authorities;
Rospotrebnadzor;
housing inspection;
to the prosecutor's office.

The application is drawn up in any form, it contains the following items:

the name of the organization to which the application is submitted;
Full name of the applicant, address of the problem house;
state the essence of your claims;
make demands, preferably with reference to the law;
if possible, attach supporting papers (announcement of a planned shutdown, contacting a resource supply organization about a violation of the timing of water supply after preventive maintenance).

It is more efficient to file a collective complaint, state bodies will respond to the appeal faster.If violations are detected, the Management Company that has violated the deadlines for supplying hot water supply will have to pay penalties.
Download a sample complaint about the lack of hot water

In addition, consumers may demand recalculation of utility bills, naturally downwards. This can be done in the following cases:

for each hour of delay, the company must reduce the fee by 0.15% for the entire period of time when hot water was not available;
for each hour, the calculated amount is reduced by 0.1% if the temperature of hot water is 3 ° C above or below the limit. In cases where hot water is lower than the approved standard by 4 ° C and lower, then here the calculation of the consumed resource takes place at the rate of cold water supply. Regardless of how long this period of time lasts.

If the water regularly does not meet the established standards, and failures in the supply of hot water without good reason are recorded, then consumers can complain to the prosecutor's office with a complaint about a violation of the law. Employees of the institution will conduct an audit, if the facts specified in the application are confirmed, the management company faces a fine of 5-10 thousand rubles.

If it is established that interruptions in hot water are caused by emergencies, then the inspection and regulatory authorities will take the side of the public utility. After all, its employees acted strictly according to the law and took measures to troubleshoot. In this case, citizens will be denied recalculation of the services received.

Citizens should not only know their rights, but also defend them in accordance with the law.For violation of the deadlines for supply, water quality, temperature regime, resource-supplying organizations are threatened with penalties and financial losses in the form of a reduction in fees for services that were not provided. We also suggest that you familiarize yourself with the previous article on a similar topic: turning off cold water by law.

How to properly file a complaint

To write a complaint to the Criminal Code, you must adhere to the generally established forms.

Any claim begins with a "header", which indicates the following information:

The official body to which the appeal will be sent.
Applicant's name.
You must also provide accurate information about the actual place of residence.
It is allowed to provide additional contacts so that the competent authorities can contact the citizen to clarify the questions that have arisen.

The main part of the document should begin with the heading "Claim" in the middle of the sheet. After that, you can proceed to the descriptive part, which indicates the essence of the problem.

In the main section, the facts of the identified violations that were committed by the Criminal Code are prescribed. It is also necessary to write to what extent the organization has not fulfilled the obligations that are assigned to it.

For example, if the service company stopped taking out the garbage on time, you must specify the period. It is advisable to attach photographic materials to the document proving that garbage has accumulated in the container for a long time. The address of a particular house must be indicated so that the inspection authorities know where to send employees for verification.

After that, it is written in the text that the management company ignores the terms of the current contract and gives links to legislative acts.Based on this, the residents make a request to eliminate the violations committed for a certain period.

Having stated the essence of the claims in the application, it is necessary to put the date of the document and a personal signature at the end. If the appeal is of a collective nature, then each participant must sign.

A complaint form can be downloaded here.

Submission nuances

If the person who rents the apartment decides to write a complaint, then he is not entitled to sign the document. To begin with, the citizen will have to explain everything to the actual owner of the apartment and ask to endorse the claim.

An appeal to inspection organizations must be made in several copies: one is sent to a specific authority, the second remains with the applicant. Two complaints indicate the date of registration of the document in the department and stamps.

This action is necessary for several reasons:

Both letters with seals will serve as confirmation that the person has contacted a specific authority in order to receive help.
The date is set to control the timing of the feedback. At the end of the period specified by law, the organization must give a reasoned answer.

The standard term for considering a complaint is no more than 30 days from the date of registration with the appropriate authority. If the claim is sent directly to the management company, then the response time cannot exceed 1.5 weeks.

To whom and how to complain about the cold in the apartment SAMPLE DOCUMENT

If in your the apartment is not heated well batteries or no heat supply at all - you need to complain.

When the apartment is cold, any heating methods are used PROSHKIN

To understand the legality of further actions, we will familiarize ourselves with the existing regulations.According to sanitary standards, the air temperature in the apartment should not be lower (according to GOST R 51617-2000 Housing and communal services. General specificationsput into effect by the resolution of the State Standard of Russia 158-st of June 19, 2000):

+20 - the building of the first year of operation,

+20 - corner room,

+18 - living room,

+16 – vestibule, stairwell,

So, if the bedroom thermometer shows less than 18 degrees, contact your management company or heat supply company (if the contract was concluded with her directly) with a claim. Communications are usually checked on the day of the call by a caretaker or engineer. After inspecting the batteries, they draw up an act in two copies, one of which remains with the landlord. At the same time, the internal air temperature is measured on the inner wall of each room, retreating from the wall by a meter, and from the floor by one and a half. If the tenant's complaints are confirmed, then the utilities are obliged to fix everything. According to the norms, deviations in the air temperature in the rooms are not allowed at all (a small exception at night). That is, the batteries must necessarily heat the apartment to the degrees indicated in the rules. If this does not happen, the rent is reduced individually for each affected apartment, depending on its footage. The recalculation of the communal apartment is done at the request of the tenant.

Where a complaint can be sent is up to the tenant. You can immediately write a statement to the prosecutor's office if there is no confidence in the management company. At the same time, experts do not advise going to court, recommending that for a more prompt resolution of the issue, nevertheless, to slow down public utilities.And after solving the problem, recover from them through the court the material damage caused. There is a practice when one complaint is sent immediately to all instances, so that the same appeal of a citizen is controlled at different levels.

In the text of the complaint or claim, it is necessary not only to refer to the fact that there is no normal heating, but also to accurately indicate the period of absence, the alleged reasons, the temperature detected, the negative consequences and the material or moral damage caused. Waiting for responses for a week. After that (in the absence of any action on the part of the public utilities), you can write the following same complaint about poor heating to the next instance.

The organization responsible for heating in residential buildings, after the second appeal of the residents, is likely to fix the problem. However, if two complaints were ignored, there is every reason to write an appeal to the prosecutor's office. In such a complaint, it is necessary to indicate that, as a result of the unlawful actions of public utilities, harm was caused to the health and property of residents and members of their families.

Normative base

rong> The complaint against the HOA must be reasoned

When preparing it, it is important to rely on legislative norms that specify the specific rights of residents. In case of failure to provide quality services or serious violations by the HOA, the following legislative acts will help:

Housing Code of the Russian Federation;
Charter of the HOA;
Civil Code of the Russian Federation;
Decree of the Government of the Russian Federation No. 493 of June 11, 2013 “On State Housing Supervision”;
Federal Law No. 59 dated May 2, 2006 “On the procedure for considering applications from citizens of the Russian Federation”.

In accordance with paragraph 1 of Art. 143.1 of the Housing Code of the Russian Federation establishes the right to appeal the decisions of the HOA.The basis may be not only the failure to fulfill the obligations assumed, but also a direct violation of the rights of the owners.

What is included in the repair responsibilities?

The repair work to be carried out at each entrance includes the following items:

wall treatment before painting (putty, primer, etc.);
wall painting;
ceiling preparation;
ceiling painting;
repair of the vestibule, the entrance to the entrance;
repair of peaks of entrances;
glass replacement in windows;
replacement of windows, frames and other repair work related to windows;
repair, painting, insertion of locks replacement of mailboxes;
repair of flooring and its individual parts;
painting, repair and replacement of batteries;
painting, repair and replacement of railings;
repair work related to breakdowns of the garbage chute;
repair work of lighting devices, as well as replacement of lamps, fixtures, etc.

If we talk about major repairs, then the repair of the entrance to it has nothing to do. The overhaul includes:

Basement renovation.
Roof repair. You will learn how to write an application for roof repair after a leak in another article.
Repair work related to the malfunctioning of the elevator.
Facade and foundation of the house.

Repair of the entrance refers to the current repair, and not to the capital.

If the UK refuses

There are times when you can hear a refusal from managers due to the fact that this is not part of their duties. However, they can carry out repairs for a fee. There is also a very common excuse that these services are not spelled out in the concluded agreement. All these excuses are a direct violation of Russian law.

Note! Repair of entrances of apartment buildings by management companies is their direct responsibility.Resolution No. 170 of the Civil Code on construction of September 27, 2003 strictly regulates this fact. Moreover, the resolution clearly states that repair work must be carried out at least once every five years

Moreover, the managing organization is obliged to repair the entrance, even if this clause is not in the agreement

Moreover, the resolution clearly states that repairs must be carried out at least once every five years. Moreover, the managing organization is obliged to repair the entrance, even if this clause is not in the agreement.

A separate fee can legally be charged and is charged to owners only for major home repairs. Everything related to the concept of "overhaul" is regulated by Article 166 of the LC RF.

For those who want to know what to do and where to turn if the Criminal Code is inactive, we have prepared this article.

How to get it done?

There are three options:

Filing a claim (what types of claims are there?).
Collective complaint addressed to the general director of the management company. Read about complaints and applications to the Criminal Code here.
Proceedings in court. We talked about this in more detail here.

Reasons why batteries may not heat up

Before asking where to complain about the lack of heating, it is necessary to determine the reason for the decrease in temperature. If the batteries are cold, the heating systems are not always to blame. Rust could form in the pipes, clogging occurred, which disrupted the conduction of heat. Heat can escape through the cracks between window openings, especially if the apartment is angular and without repair. The most common reasons for the lack of heating:

Accident at the CHPP or the central line;
The problem arose in the apartment. Need to talk to neighbors;
The neighbors started repairs and turned off the heating;
Utilities are in no hurry to start the heating season.

Do not wait for the situation to be corrected, act systematically and without panic. First you need to measure the temperature in the apartment. Contact the housing company and call a specialist. You can measure the temperature in the rooms yourself. If you have a problem in an apartment building, ask your neighbors. It is possible that the problem lies in your riser.

It happens that the riser is hot, but the batteries remain cold. Most likely the system is filled with air. This issue is resolved within a few hours. The reason may lie in the breakdown of the radiator. If the neighbors answered that they do not have such problems, most likely the reason is in your radiators and pipes.

When the temperature values are reduced in all apartments, this indicates a problem with the heat supply. Do not expect the problem to be resolved in a matter of hours.

If the batteries in the apartment are cold, you must call the service provider's control room or the management company!

Call a specialist who arrives within two hours. The master will not only determine the malfunctions in the system, but also record the fact that there is no supply of thermal energy, and then draw up an act. The document is drawn up in two copies, one remains with the owner.

Answer

The law does not regulate the time when you can get a response from the relevant authority. However, Rospotrebnadzor tries to consider each appeal within a month and give a detailed answer to it.

The answer can be positive or negative. The first option means that the body takes up your case and will establish justice in the permitted ways and methods.

If the answer is no, it means that the authority considers your complaint unfounded or does not have the authority to resolve the situation. In one case or another, you will be given a comment about the reason for the refusal.

Do not be afraid to contact government agencies in order to seek protection. We, as citizens of the Russian Federation, have rights established by law, which must be protected not only by ourselves, but also by our state. For more information about where you can complain, read this material.

In addition to Rospotrebnadzor, citizens can send their applications to the housing inspectorate, the prosecutor's office or file a claim with the court.

Drawing up an application

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