Sample application to the Housing Inspectorate for a management company

Legislation

The work of state housing inspectors is regulated by:

Housing Code No. 188-FZ of December 29, 2004, establishing general requirements for the work of residential housing.
Regulation “On State Housing Supervision” No. 493 dated June 11, 2013 names the responsibilities and powers of the supervisory agency.

The regulatory authorities and their capabilities are listed in:

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Code of Administrative Procedure No. 21-FZ of 03/08/2015, which describes the procedure for applying for judicial protection.
Law “On the Prosecutor's Office” No. 2202-1 of January 17, 1992. It contains the grounds for inspections and the rights of prosecutors.

Responsibilities of the housing inspection

GZHI are organized to supervise the activities of companies in the housing and communal services sector. Their responsibilities include monitoring:

proper use of residential buildings and the area around them;
serviceability of equipment, water supply systems, sewerage systems, electricity supply, elevators;
quality and timeliness of repairs;
reliability of calculations of the amount of water, gas, light per person;
maintaining the sanitary condition of residential buildings, timely preparation for the change of seasons;
taking into account the consumption of water, gas, light, heat;
continuity of provision of services by utilities to consumers;
compliance with the requirements of the law to recognize houses as safe for living or unsafe, relocation of residents;
refurbishment of apartments for shops and offices;
concluding contracts for building management;
installation of communal resource consumption meters;
licensing of management companies.

Supervision extends to general issues and is aimed at ensuring the safety of people.

Important : Residential property owners deal with problems related to the common property of apartment buildings.

What is not the responsibility of the State Housing Inspectorate?

The housing inspection does not solve problems related to the personal use of apartments or compliance with individual agreements between the management company and the resident. Complaints from private property owners are not considered.

Problems with payment of utilities, provision of installment plans or benefits are not within their jurisdiction.

GZHI do not deal with damage to apartment equipment that does not belong to the common building. The owners of the premises are responsible for the serviceability of gas and electric stoves, meters, and batteries.

When a complaint is made to the housing inspectorate against the management company

First of all, you will need to study the agreement with the management company to ensure that it reflects the company’s responsibilities. Do not forget that the relationship between the management company and the consumer of services is also regulated by the Civil and Housing Codes, the Law on the Protection of Consumer Rights and Decree of the Government of the Russian Federation No. 354 of 05/06/2011, regional laws and acts of municipal authorities.

Requirements for the quality of services provided can be found in Decree of the State Construction Committee of the Russian Federation dated September 27, 2013 No. 170 (Rules and Standards for the Technical Operation of Housing Stock), Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 (Rules for the maintenance of common property), SanPiN.

It is the management company that is obliged to ensure the safety of the house, carry out routine repairs, prepare the house for winter, ensure compliance with sanitary standards in the house, improve the local area, collect payments for utilities, etc.

If the question is a requirement for the management company to ensure the fulfillment of its duties, it is best to draw up (for example,). When it is necessary to conduct an inspection against the company and take action - a complaint to the housing inspectorate. If it is necessary to cancel the decision of the general meeting of residents, compensation for damage or recovery of funds from the company -.

Who controls GZHI

The system of supervisory departments is designed in such a way that subordinates are subordinate to superiors. City housing estates are controlled by regional ones. Their work is organized by the chief housing inspector.

The legislator obliged local authorities to create territorial public housing estates. They report to administrations or deputy heads of regions.

By establishing subordination, the state seeks to eliminate cases of violation of the rights of citizens.

General control over the quality and timeliness of the performance of duties by housing inspectors is carried out by the prosecutor's office. It initiates inspections of the latter’s activities, issues orders to eliminate violations, and punishes in case of non-compliance.

Public control is provided. Having discovered violations, people can report them to government authorities, preventing negative consequences.

From time to time, the court can resolve the dispute between residents and inspectors. Its acts are binding on all participants in the process.

Important : people can monitor the work of the State Housing Inspectorate by reporting shortcomings, errors, and inaction to other supervisory departments.

Sample complaint against the management company to the housing inspection

There are two ways to make a complaint
: draw up a document on a PC, or handwritten.
It is imperative to indicate all the necessary contact information
and the applicant’s initials.
It is better to write without abbreviations
so that the person who receives the complaint does not have questions.

It is not always possible to contact the housing inspectorate.

It is worth knowing what this organization does and in what cases it can really help you:

The management company does not monitor the housing, its operation and safety.
Standards and norms for the use of residential premises were violated.
The timing of the heating season was not observed or poor quality preparation was carried out.
They did not comply with the requirements for housing and communal services, for example, they did not provide residents with payment receipts on time.
The management company was not chosen unanimously at the general meeting of owners of the apartment building.
Representatives of the management company did not comply with the requirements of regulatory and legislative acts.

In general, the work of the housing inspection helps protect the rights of owners of apartment buildings

and preserve their housing. Specialists from this organization can check the operation of the management company, detect violations and force the company to eliminate them.

Please note

, all this will be done not in words, but with confirmation, documented.

The deadline for correcting errors is set by the housing inspection and is 1 month

. If the inspection decides that the violations are serious, it may bring the perpetrators to administrative responsibility.

In the text of your complaint appeal you must indicate all the shortcomings that you noticed

. It is also worth entering the time period during which the unlawful actions were carried out.

A sample complaint against the management company to the housing inspection looks like this:

Example of a complaint against the Criminal Code to the Housing Inspectorate:

Additional documents must be attached to the complaint.

, confirming the veracity of your words. This can be photos or video materials, copies of contracts, reports, certificates, etc.

It is better to end the application by presenting your demands or requests to eliminate the above problems and shortcomings.

At the end of the document you should put a number and signature with an initial.

In what cases can you complain?

Government organizations can fail to act in different ways. These include cases:

if the person was not informed about the results of consideration of his appeal;
the information on which the answer is based is incorrect;
the check has not been completed completely;
dilapidated housing is not recognized as unsafe and dangerous for living;
the supervisory agency refuses to accept or register citizens’ appeals;
situations where responsibilities are not fulfilled and the rights of residents are violated.

Where to complain about the housing and communal services management company

So, the first question that worries property owners when the management company performs its duties poorly is who
supervises the management company, where to complain about housing and communal services?
The following bodies that are involved in supervision in the field of public utilities can be distinguished:

First of all, this is the leadership of the management company itself. The manager must review and respond to any complaints made by residents of the homes served by his organization. The applicant must be notified of the results of the review.
If the governing body is inactive, then the higher organization is the Housing Inspectorate. This organization accepts complaints related to violations of the current legislation by the Criminal Code when providing public services to houses.
If contacting the previously specified housing authority is impossible for some reason, then you should contact Rospotrebnadzor. As a rule, a complaint is filed there about utility services, as well as non-compliance with the terms of the agreement between the management company and the residents.
In some cities where the local administration has a department that exercises control over the management company, a complaint about housing and communal services can be filed with the administration.
The entire apartment building or a specific owner can file an application with the city prosecutor's office. This organization considers applications related to violations of current legislation.
Court. Appeal to this body is allowed when compensation for harm is necessary or when decisions taken by other bodies do not satisfy the applicant.

I would like to note that many authorities on their official websites post a contact number for complaints against the management company, where you can report violations.

Who controls management companies

In the course of exercising control over the activities of management companies, several levels of competent authorities can be distinguished:

At the federal level - the Ministry of Construction, the Ministry of Energy - determine standards for public services and criteria for the quality of their provision.
At the regional level, the Housing Inspectorate checks companies' compliance with the standards established by the state.
At the local level, as mentioned earlier, departments are created to supervise management companies, checking the availability of permits for the organization.

Who does the housing office report to?

If the owners are not satisfied with how the housing office provides its services, then they should submit a written complaint to the city administration.

Before contacting, you should know which department exercises control over the utility service; as a rule, to do this, it is enough to read the information located on the official website of the administration.

Complaint to the director of the management company

The first
body to which you should contact with a complaint regarding the work of the management company is its director.
The submitted document must reflect the applicant’s data, information about the management company, as well as the essence of the claims. Please note that the complaint should mention specific provisions of the laws that are violated in the process of providing services by the organization.

The document should be drawn up in two copies. One of them must be submitted to the manager, and on the second, the specialist who receives the documents must put the date and signature.

The complaint can also be sent by post.

Please note that the head of the management company must consider the claim within a period not exceeding 10 days from the date of its receipt. The applicant must be notified of the decision that was made on the basis of his complaint.

State Housing Inspectorate and its powers

Management companies are under the control of the Housing Inspectorate

. We can say that the inspection is an industry supervisory body over management companies.

The State Housing Inspectorate is a state executive body that exercises control over compliance by residents, management companies and other participants in relations in this area with the country’s housing legislation.

The creation of such an organization was justified by the need to perform the following tasks:

Detection of violations of the provisions of housing legislation by participants in the legal relationship.
Implementation of legal protection of persons who are recipients of housing services, as well as services provided by public utilities.

The following powers are allocated to the Housing Inspectorate:

Exercising control over the housing stock, the state of engineering and technological communications, as well as local areas.
Monitoring compliance with regulatory standards for the provision of utility services by companies servicing homes.
Checking the condition of houses to identify factors of disrepair or dilapidation and inclusion in the appropriate registers.
Monitoring the implementation by management companies of activities aimed at preparing for various seasons.
Exercising control over the process of redevelopment in apartments located in multi-apartment buildings.
Reviewing citizen complaints regarding compliance with housing legislation, as well as the quality of services provided by utility companies.

How to contact Rospotrebnadzor

To influence the management company,
you can send a complaint to Rospotrebnadzor.
This body provides legal protection to all consumers on the territory of the Russian Federation, and also monitors compliance with the Law “On Consumer Rights” by any persons or organizations that provide services in the country.

The tenant
has the right to complain about the Criminal Code to this body in the following cases:

The company has drawn up a utility agreement that does not comply with or violates the law.
The rules contained in the agreement contradict the provisions of the Law “On Consumer Rights”.
In the process of executing the agreement, the company violates the rights of residents (it illegally raises prices for services, the quality of the services provided does not correspond to those reflected in the agreement).
The company does not fulfill the obligations reflected in the contract or these obligations are not fulfilled in a timely manner or in full.

You can make a complaint:

Submit in person to the authority;
Send a complaint by registered mail;
Leave using the online service on the official website of the authority.

To the prosecutor's office and to the court

The main body that supervises compliance with all legislation in force on the territory of the Russian Federation is the prosecutor's office.

When contacting the prosecutor's office, you should submit an application, not a complaint or claim.

An appeal to the supervisory authority is allowed in the event that industry bodies refused to consider a complaint against the Criminal Code or did not make a decision on the complaint received.

In cases where an appeal to industry bodies was not made, after the application is received by the prosecutor's office, it will be sent to these bodies for initial consideration.

You can apply in writing or orally. Regardless of the form of application to the authority, the application must be considered within a period that should not exceed a week from the date of registration.

You can file a claim with a judicial authority only if the following situation exists:

Previously, a claim was sent to an industry organization, which reviewed it and made a satisfactory decision, which was subsequently not executed by the management service or was executed later than the deadline established by the decision.
The complaint has already been considered by the authorized bodies, but an unsatisfactory decision was made for the applicant, which he plans to appeal in court.
The service provided, action or, conversely, inaction caused damage to the owners of the premises, which can only be compensated on the basis of a court decision.

Can they refuse to accept

The legislator established that citizens' appeals must be registered.
The bodies that control the work of residential housing cannot refuse to accept complaints. Applications remain without consideration in the following cases:

incorrect drafting;
inability to read or understand meaning;
use of rude, unliterary expressions in the text;
requirements to report information classified as secret;
addressed to other authorities;
repeating the questions asked.

Important : government agencies cannot refuse to accept applications from citizens. They are registered and studied without fail. After a specified period, a decision is made to begin the inspection, refuse to review, and return the document to the applicant.

Reasons for tenants writing complaints to the Housing Inspectorate

The largest number of complaints from residents were received by the state. lived inspection for a number of reasons, which include:

Lack of housing conditions (for example, heating in the winter), for which the management company is responsible.
Actions of the management company, which resulted in incidents of various kinds (flooding of apartments, which inevitably entails material losses for residents) or the subsequent refusal of the management company to return money spent due to the damage caused.
The presence of an erroneous factor in determining the payment for utility services (a complaint will help to achieve a recalculation).
The fact of ignorance and inaction on the part of the management company.
The presence of a need for certain repair work to be carried out by the building society.
The presence of a number of violations of order that impede the normal, stable operation of the garbage chute or elevator.
Inconsistency of the activities of the management company with the concluded agreement.

Important! The tenant has the opportunity to complain to the resident. inspection of the actions of their neighbors who, for example, make noise at night.

It should be emphasized that filing a complaint with the relevant government authority is a last resort method of resolving issues. It is necessary to find a solution to this or that problem peacefully, by directly contacting the management company.

How to correctly write and submit a complaint about inaction

There are general rules by which complaints are written against the actions of government bodies and employees:

First you need to indicate the body to which the appeal is sent, then information about yourself - personal data, address, telephone, email.
Describe the essence of the violation, attempts made to resolve the dispute in lower authorities, and the responses received.
List your requirements.
Attach evidence.

Attached documents

The list of documents supporting the applicant’s arguments depends on the issue that will be considered. For example:

claims and responses to them from management companies, housing estates;
photographs of buildings, courtyards, cracks in walls, destruction of foundations,
receipts for utility bills, checks;
home maintenance contracts;
expert reports.

The legislator provides for the sequence of departments studying citizens' appeals: from lower to higher. This order cannot be changed. Each new complaint must be accompanied by documents confirming the violation and responses from other authorities.

Important : when writing a complaint, you should not express your opinion overly emotionally. The text must be clear and readable.

To the prosecutor's office

Appeals to the prosecutor's office are not much different from others. In order for employees to begin an inspection, you must write a complaint. It is addressed to the prosecutor of the district in which the inspectorate is located, whose actions are being disputed. Information about the applicant must be provided. The text describes the current situation and a request to take action against the offender.

You can complain in person. Prosecutor's offices provide for days for the reception of citizens by the prosecutor, his deputies and assistants. Each of them can accept it.

The appeal can be sent by mail. In this case, you must pay for delivery notice. It is possible to submit information online. To do this, you need to find the official website of the prosecutor's office, write an application according to the proposed sample and attach scanned documents to it.

It is allowed to simultaneously complain about the State Housing Property to different departments.

For the court

Complaints against the actions of officials and organizations are considered administratively. To do this, you need to draw up a statement of claim. It must indicate:

Name of the court.
Information about the plaintiff - his last name, first name, patronymic, date of birth, address; information about the higher legal education of his representative.
Information about the defendant - his name, registration address and location.
Description of the dispute, request to punish the culprit, oblige repairs, recognize the building as unsafe, and others.

The complaint will not be considered if the pre-trial procedure for resolving the conflict is not followed.

The court cannot refuse to accept the application, but has the right to leave it without consideration if it finds shortcomings.

Complaints are considered at the place of residence of the plaintiff or the address of the defendant. If the issue is referred to the jurisdiction of another judicial authority or court, the document will be returned to the plaintiff with an explanation of the right to appeal to another body.

Since 2021, it has been possible to submit claims to the courts via the Internet. To do this, you need to be registered on the State Services portal, go to the court’s website and find the electronic appeal form. Access to it will open after entering the password from the site providing government services. In this case, the quality of document copies will be of paramount importance.

Contents and submission of a complaint to the housing inspectorate against the management company

There are no special requirements for the content of a complaint to the housing inspectorate. The template for a complaint against the management company is standard and similar, etc.

It is the housing inspection that supervises the activities of management companies. A complaint against the management company is submitted either in the form of an online appeal on the website of the regional housing inspectorate (at the applicant’s place of residence) or in writing (we leave a second copy of the complaint).

The law does not prohibit simultaneous appeal to several authorities, therefore a complaint against the management company can be filed not only with the housing inspectorate, but also with the prosecutor's office, Rospotrebnadzor, etc. Based on the results of consideration of the complaint to the housing inspectorate against the management company, officials may be brought to administrative liability according to Art. 7.22 of the Code of the Russian Federation on Administrative Offences.

Clarifying questions on the topic

Valentina Petrovna

Lawyer

Julia

Legal Advisor

Olga

Legal Advisor

The State Housing Inspectorate is a government body that carries out: supervision of compliance with regulations and legislation of the Russian Federation in the field related to the use of residential premises. GZHI controls the process of work of companies (ZhSK), the main function of which is management. Residents of their home can submit an application to the State Housing Inspectorate (GHI) and be absolutely confident that the document will be accepted and reviewed.

Complaints are filed when employees of the management company have committed acts contrary to the legislation of the Russian Federation. Receipt of the corresponding written request obliges the State Property Committee not only to accept and analyze the document, but also to conduct an inspection, the result of which will be the exposure of an illegal act, and then take any measures, if necessary.

Collective statement

An appeal against the inactions of the housing inspectorate is possible by several people at the same time. In this case, one general document is drawn up, which is signed by all residents whose rights have been violated. The only difference is the listing of all victims. Collective appeals are considered more effective.

The prosecutor can file a claim in court to protect the rights of several people at the same time. If the victims themselves go to court, the claim lists information about each of them.

Statement of claim against the management company to the prosecutor's office - how to write correctly?

It is not a complaint that is written to law enforcement agencies, but a statement.

The structure of the application form is the same as for complaints. You indicate in the “header” of the document the name of the body you are applying to, your initials, and residential address.

A sample application to the prosecutor's office for a management company looks like this:

An example of an application to the prosecutor's office for the Criminal Code:

Remember that representatives of the prosecutor's office will be able to help in resolving the following issues:

They will look into the misuse of funds spent in an illegal way - fraud, theft, embezzlement, misappropriation, etc.
They will help you involve the regulatory authorities - the Housing Inspectorate and Rospotrebnadzor - if they ignored your requests and did nothing.

Based on the results of the inspection

Law enforcement officials may even prosecute violators.

What are the review deadlines?

Higher authorities consider complaints within a month. If it was not possible to eliminate the violation during this time, the applicant is sent information about this indicating the planned activities and the timing of their implementation.

Prosecutor's office employees work with citizens' appeals for 30 days, after which they inform them about the results of the inspection. If the deadline falls on a weekend or holiday, it is postponed to the next business day.

The period for consideration of applications is reduced to 15 days if:

the received application does not require additional verification;
if representatives of the corps of human rights commissioners make an application or complaint;
if you need to give a response to a parliamentary or deputy request.

The courts consider complaints until all circumstances are clarified. Applications are registered 3 days in advance. The first meeting is scheduled as the case is being prepared for the hearing Art. 134 CAS RF.

Important : the system of penalties for government agencies and employees is designed to improve the quality of their work.

Samples of an application for a management company to the court

You can contact the judicial authorities if:

You previously wrote complaints and statements to the above authorities, tried to resolve the issue out of court, but the management company still does not comply with the requirements.
Do you want to recover moral and material damages from the management company for the inconvenience caused? You must remember to indicate the amount of compensation for damage, as well as all property owners who were harmed.

You can write a statement of claim to the court in the prescribed form:

Sample class action lawsuit against a management company:

An example of an application to the court against the Criminal Code:

As you have seen, the statement of claim is drawn up according to the same scheme as the application to the prosecutor's office.

They will retain the form enough to be accepted, and also write without errors or clerical errors.

In addition, the application must comply with the requirements established by Article 131 of the Civil Code of the Russian Federation:

The full name of the court must be indicated, as well as the initials of the defendant and plaintiff, address, and contact information.
There must be a substantive part where you describe the violations and harm that was caused to the plaintiff.
It is worth writing down how you resolved the issue pre-trial.
Please also provide evidence of your words and why you want compensation and for what.
It is better to indicate your requirements and the amount of material damage at the end.
The attached documents should be listed in a list.
Be sure to sign and date it at the end.

Within 5 days

your application will be accepted for consideration, and upon acceptance of your document, you must be given a notification signed by the specialist who accepted the application.