We fight injustice and arbitrariness: where to go with a complaint about housing and communal services
Imagine that your apartment building is always in order: the risers do not allow leaks for several floors, the roof does not leak, the elevators work as if they are preparing to launch into space, there is always hot water at the correct temperature, cold water works without interruption, rivers do not flow in the yard sewerage. This picture will remain in the dreams of most Russians, if you do not fight the arbitrariness of utilities. In this article, the homemaster.techinfolux.com/en/ editorial staff will tell you and tell you where to go with a complaint about housing and communal services.
The content of the article
- 1 What is a complaint about housing and communal services and how to write it correctly
- 2 What are the obligations of the housing and communal services management company that are poorly executed, should a complaint be filed
- 3 Where to file a complaint about housing and communal services
- 4 Procedure for specific violations by housing and communal services
- 4.1 Inadequate provision and lack of communal and housing services
- 4.2 Increased tariffs without justification
- 4.3 Absence or incorrect preparation of housing and communal services at home for winter
- 4.4 Untimely response of the emergency dispatch service of housing and communal services
- 4.5 Conclusion of a lease agreement for common property without the consent of residents
What is a complaint about housing and communal services and how to write it correctly
The first thing home residents should do, and what they don't do properly, is to file a complaint with a clear description of the problem.
Do not forget that in the modern world everything must be documented: even a janitor has a job description for housing and communal services, on the basis of which violations in his work can be identified at the official level. Sometimes someone asks to write a neighbor: "You write a complaint, otherwise I don't know how." You don't need to ask anyone, everything is done according to the algorithm and does not present any difficulty.
Important! A correctly executed complaint will not be rejected due to incorrect data or an unclear description of the problem.
The hotline is there to deal with urgent problems, but paper confirmation is very important.Do not forget that "what is written with a pen cannot be cut down with an ax."
The document is drawn up in two copies: one remains with the originator, the second is sent by registered mail with acknowledgment of receipt or taken in person at the place of destination. In this case, you must register both applications. What should be reflected in the application:
- an incoming number will be put on it;
- the name is written at the top. and the position of the person who accepts the application or to whom it is addressed;
- date of receiving;
- stamp.
Example of writing a complaint: in the upper right corner, fill in the header. Here we indicate the full name of the body and the applicant's data with a phone number. In the center of the page we put a heading without a period: complaint. Below we describe several points:
- Legal relations with the management company (HOA, housing and communal services, etc.).
- Description of the problem / disturbance in the work of housing and communal services.
- Request to the control body.
On the left we put the signature, on the right - the date of the application.
What are the obligations of the housing and communal services management company that are poorly executed, should a complaint be filed
To know in which cases the complaint will be justified, you should be aware of the responsibilities of housing and communal services.
Other reasons are the accumulation of debris, non-removable snow, hanging icicles, dirty staircases, poor heating, poor-quality water, low water pressure, unjustified long-term lack of water, an inoperative elevator, and the water temperature does not meet the required standards. By the way, the terms of troubleshooting for housing and communal services are from 3 hours to 7 days, depending on the serious threat to human life and health. If, after a personal appeal or by phone, the problem is not resolved, and the regulated period for this has expired, feel free to write a complaint.
Where to file a complaint about housing and communal services
In order not to get lost in the abundance of organizations and spheres that can control the work of housing and communal services, one should take into account the essence of the problem. For example, increased tariffs may not have a legal basis. In this case, a check by the Federal Antimonopoly Service will help. If the complainant is correct, the sanctions will not be long in coming. If everything is within the law, this will be indicated in the response statement. We add that if, as a result of the actions of housing and communal services, a person incurred losses, then here you already need to go to court to collect money and penalties.
How to start the fight against housing and communal services by sending a complaint to the Criminal Code
If you want to complain about poor-quality work, then the application is written in any form in writing in two copies. There is no need for unnecessary words and appeals to the conscience of employees: they present the problem in simple, accessible language and strictly to the point.
Attention! One statement is written for each violation. So you can wait for the result as soon as possible. The term for consideration of the application is 10-30 days.
The first complaint is always written to the manager of the housing and communal services. If there is no result, then the application is sent to the higher authorities.
A complaint will be responded to faster if all violations are indicated with a list of laws under which they fall. It is also worth specifying the period during which the applicant is waiting for an answer (from 10 to 30 days). There is a body called the management or department of housing and communal services. There, too, the complaint and measures will be taken with interest.
How to contact higher authorities in case of inaction of the Criminal Code
If the manager of the Criminal Code fails to act, you can go to court, Rospotrebnadzor, housing inspection, administration, prosecutor's office. Elimination of the violation must be achieved, so we study this issue carefully.
Housing Inspection and Rospotrebnadzor
The State Housing Inspectorate is the next place in line where you can complain about the inaction of utilities. In order for the application to be considered and inspected, its structure must be followed. Therefore, we offer a sample with brief instructions on how to write a complaint to the housing inspection:
- header with data on the right;
- reason for complaint with a description of the problem;
- enumeration of the authorities to which the person has previously applied for the same issue;
- if there is a court decision, it is also included in the application;
- if the legislation on housing law is violated, a certificate is also attached;
- if there are suggestions from the applicant to solve the problem, they are also described;
- the application indicates, if necessary, that the answer must be provided on an individual basis;
- at the end, the date of application and the signature of the applicant are put.
Rosportrebnadzor is able to seriously complicate the life of the work of public utilities, if they skimp on their responsibilities: here not only will control over the organization be exercised, but a decision can be made to bring it to justice. The complaint will be considered in about a month: it can be submitted electronically via mail, taken in person, sent by Russian mail, by fax - in any case, an answer will be received to the appeal. The algorithm for writing the appeal is standard, you can add a paragraph describing the measures taken by the applicant to eliminate the problem.
FAS and municipal administrations
An application related to an unjustified increase in tariffs for services can be sent to the Federal Antimonopoly Service. The application indicates the personal and contact information of the individual, the postal address and the address of the organization against which the claims are made.
If several documents are attached, their list must be indicated. The answer will be received by postal address or e-mail, according to the instructions in the complaint. You can also contact the administration of the village. An application in electronic format will also be considered. The complaint also contains personal and contact information, the reason for the appeal and the measures taken.
Courts and prosecutors
Every citizen has the right to go to court, and if a violation really takes place, then the court will force the perpetrators to execute the decision.
The prosecutor's office provides supervision throughout the country, therefore, in the event of serious violations, a person has the right to contact the prosecutor's office. In connection with the received appeal, an audit of the activities of public utilities will be carried out. If an offense is revealed, the case will be redirected to the direct authorized bodies.
Procedure for specific violations by housing and communal services
So that there are no difficulties in solving problems with utilities, it is better to go the beaten track: this will be more effective and you can save a lot of time.
Inadequate provision and lack of communal and housing services
If utilities provide services of inadequate quality or take breaks in services that exceed the established time, then the consumer informs the emergency dispatch service in writing or orally about the problem. It is imperative to indicate personal data, the exact address at which the violation was detected, and for what type of utilities. In response, the data of the person who accepted the information will be indicated, as well as the number and time of registration of the application.
After the accepted appeal, a check is appointed, for which the time and date are agreed with the consumer (applicant). In the absence of an appointment for an inspection or if after the inspection the problem is not resolved, you can file a complaint with a higher authority.
Increased tariffs without justification
Many people are "lucky" to face such a problem. Housing and communal services often prefers to solve various financial miscalculations and debts at the expense of service consumers. According to the laws of the RF Housing Code, public utilities do not have the right to change tariffs for services at will.
What the fee consists of:
- from meter readings;
- from the total area of housing;
- from the number of residents.
According to individual categories of services in different regions and all data, the total amount is formed. If the consumer finds inaccuracies in the receipt, then the first step is an online check. This can be done through the official website of the FAS: http://fas.gov.ru/pages/vazhnaya-informacziya/kalkulyator-zhkx.html. A convenient calculator allows you to independently calculate the cost of the services provided.
Found a discrepancy on your receipt? First, they apply directly to their Criminal Code through a written or electronic appeal. According to the procedure, the company is obliged to give a report on accruals, if the request is not considered or recalculation is not carried out, then the situation can be resolved in other instances. To do this, you need to make a copy of the receipt and attach it to the application.
In case of refusal to recalculate, the owner goes to court. There are several reasons for this, including the long, documented absence of residents in housing.
Absence or incorrect preparation of housing and communal services at home for winter
The list of preparing the housing stock for the winter period, which begins on October 1, includes not only checking the heating system and water supply, but also the readiness of walls, roofs, windows, doors and basements, entrances.
If the house is not ready for the winter, homeowners can write a complaint to the prosecutor's office or convene a general meeting (with notification of the place and date of the management company), at which it is worth deciding whether to refuse the services of this company.
Untimely response of the emergency dispatch service of housing and communal services
First you need to take into account that the emergency dispatch service eliminates all communication faults inside the housing at the expense of the residents. From the moment of acceptance of a written or oral appeal by the dispatcher, the service begins its work no later than the time specified in the Decree of the State Construction Committee of the Russian Federation No. 170 of September 27, 2003. Roof leakage should be eliminated within 24 hours, problems with roof drainage - 5 days. When cracks appear in the walls, the threat of plaster or stucco falling out, the service should immediately fence off the dangerous place and fix the problem within 24 hours.
In winter, the emergency service must insert missing glass and doors within 24 hours, and in summer - within 3 days. If there is a floor leak between the apartments, it will be liquidated within 3 days. Problems with stoves, fireplaces, chimneys and ventilation are resolved promptly: first by disconnecting, and within three days, repairs are performed.
Plumbing, gas, electrical networks, heating, drains require an immediate solution. It takes 3 hours to replace the fuse, circuit breaker, automation on the switchboard. The emergency service eliminates only minor breakdowns, large-scale problems are solved by major repairs. In case of untimely elimination of violations, a complaint is filed with the manager of housing and communal services, and then with the state housing inspection.
Conclusion of a lease agreement for common property without the consent of residents
Any rent of common property should be carried out only by agreement with the homeowners. Otherwise, the chairman of the Council of Homeowners makes a written request to the manager of the HOA or the management company with a requirement to provide information about all providers, advertising organizations and other tenants, including where the rent money is spent. In the absence of an answer or the presence of tenants of common house property without the consent of the homeowners, the complaint is sent to the prosecutor's office. We sincerely wish to understand this issue and solve all the problems.