On the implementation of the functions of Rospotrebnadzor in the field of housing legal relations - letter of Rospotrebnadzor of the Russian Federation dated September 13, 2011 No. 01/11702-1-32

Today, all organizations engaged in managing apartment buildings are required to disclose to consumers almost all information about their activities. This is stated in the Standard for Information Disclosure by Organizations Operating in the Management of Apartment Buildings, approved. Decree of the Government of the Russian Federation dated September 23, 2010 No. 731

This applies to management organizations, homeowners associations, and cooperatives. Information is disclosed by posting information on the federal portal dom.gosuslugi.ru, as well as by choice:

on the website of the executive authority of the constituent entity of the Russian Federation;

on the website of the local government body of the municipality on the territory of which the management organization, partnership or cooperative operates;

on the website of the management organization (only for management companies).

The following information is subject to disclosure:

general information about the management organization, partnership and cooperative;
main indicators of the financial and economic activities of the management organization (in terms of execution by such management organization of management contracts), partnerships and cooperatives;
information about the work performed (services provided) for the maintenance and repair of common property in an apartment building;
the procedure and conditions for the provision of services for the maintenance and repair of common property in an apartment building;
information on the cost of work (services) for the maintenance and repair of common property in an apartment building;
information on prices (tariffs) for utility resources.

This information must also be provided to the consumer upon his written request.

For non-disclosure of information, one of the highest fines in the housing and communal services sector has been established - up to 300 thousand rubles. In addition, the consumer has the right in court to demand compensation for moral damages for violation of the right to information about the work and services provided.

State Information System of Housing and Communal Services

The following information is required to be placed in the system:

about the housing stock, including technical characteristics of houses;
on the list and cost of services for managing common property, its maintenance and repairs for each apartment building separately;
on the decisions of the general meeting of owners or the general meeting of HOA members adopted in each apartment building;
on regulations in the sphere of housing and communal services;
on the provision of public services and the supply of communal resources;
on the amount of payment for the maintenance of common property and utilities;
about arrears of payment;
about utility and engineering infrastructure facilities;
on state housing supervision and municipal control bodies;
on major repairs of apartment buildings;
other information required by federal laws.

The main feature of the system is that each owner of a premises in an apartment building will be able to find information in relation to his apartment building, that is, find out what decisions of general meetings were adopted in his building, at what tariffs and standards utility services are provided, on what terms the contract was concluded management of an apartment building, etc.

Rospotrebnadzor reminds citizens about the delimitation of powers of government agencies in the housing and communal services sector

In connection with numerous appeals from citizens related to issues of poor-quality provision of housing and communal services, improper maintenance and repair of common property of apartment buildings by management organizations, homeowners associations, resource supply organizations and other providers of services in the housing and communal services sector, unreasonable charging for residential premises and utilities, Rospotrebnadzor reminds of the delimitation of powers of government bodies in the field of housing and communal services.

Federal Law No. 242-FZ of July 18, 2011 “On amendments to certain legislative acts of the Russian Federation on the implementation of state control (supervision) and municipal control” radically redistributed the powers of government agencies, and the wording of Article 20 of the Housing Code of the Russian Federation established that State housing supervision is exclusively regional state supervision.

Inspections to identify and suppress, prevent, violations by state authorities, local governments, as well as legal entities, individual entrepreneurs and citizens in the Rostov region are carried out by the State Housing Inspectorate for the Rostov Region.

Decree of the Government of the Russian Federation dated June 11, 2013 No. 493 “On State Housing Supervision” (hereinafter referred to as the Regulations), defines the subject of inspections of the state housing supervision service for compliance with mandatory requirements in the field of housing and communal services (clause 11 of the Regulations), namely compliance with mandatory requirements for:

- residential premises, their use and maintenance;

- maintenance of common property in an apartment building;

— the procedure for transferring residential premises to non-residential premises and non-residential premises to residential premises;

the procedure for recognizing premises as residential premises, residential premises as unsuitable for habitation, an apartment building as unsafe and subject to demolition or reconstruction in accordance with regulations approved by the Government of the Russian Federation;

— accounting of housing stock;

— the procedure for reconstruction and redevelopment of residential premises;

— determining the composition, maintenance and use of the common property of the owners of premises in an apartment building;

— management of apartment buildings;

— execution by persons managing apartment buildings (including management organizations, homeowners’ associations, housing, housing construction and other specialized consumer cooperatives managing apartment buildings, as well as legal entities and individual entrepreneurs engaged in providing maintenance services and (or) work on the repair of common property in an apartment building, with the direct management of the apartment building by the owners of premises in such a building), services and work on the maintenance and repair of common property in an apartment building in accordance with the requirements of the legislation of the Russian Federation;

— establishing the amount of payment for the maintenance and repair of residential premises;

— disclosure of information in accordance with the standard for disclosure of information approved by the Government of the Russian Federation by organizations operating in the field of management of apartment buildings;

— the creation and operation of a homeowners’ association or a housing, housing-construction or other specialized consumer cooperative, compliance with the rights and obligations of their members;

— provision of utility services to owners and users of premises in apartment buildings and residential buildings;

— creation and activities of councils of apartment buildings;

— determination of the amount and payment of utility bills;

— ensuring the energy efficiency of apartment buildings and residential buildings, equipping them with devices for metering the energy resources used and operating such devices;

— activities of specialized non-profit organizations to finance capital repairs of common property in apartment buildings;

- the procedure and conditions for concluding management agreements for apartment buildings and other agreements ensuring the management of an apartment building, including the maintenance and repair of common property in an apartment building, agreements containing the conditions for the provision of utility services, and agreements on the use of common property of the owners of premises in an apartment building;

— formation of capital repair funds;

— other mandatory requirements for the use and safety of the housing stock, regardless of its form of ownership, established by housing legislation and legislation on energy saving and increasing energy efficiency.

In turn, federal state supervision in the field of consumer protection (Article 40 of Law No. 2300-1) does not imply verification of compliance (in the manner established by Law No. 294-FZ) by legal entities and individual entrepreneurs with the mandatory requirements of housing legislation (Part 2 of Article 5 of the Housing Code RF), and organizes and conducts inspections:

— compliance with mandatory requirements established by international treaties of the Russian Federation, the law “On the Protection of Consumer Rights”, other federal laws and other regulatory legal acts of the Russian Federation governing relations in the field of consumer rights protection;

— compliance of goods (work, services) with mandatory requirements ensuring the safety of goods (work, services) for the life and health of consumers, the environment, prevention of actions that mislead consumers, and prevention of harm to consumer property established in accordance with international treaties of the Russian Federation Federation.

Legal aspects of the delimitation of powers in the housing sector within the framework of federal state supervision in the field of consumer rights protection makes it possible to ensure the protection of consumer rights of citizens - participants in housing legal relations, whose rights, in turn, are appropriately protected by regional state housing supervision authorities.

This means that such types of powers of Rospotrebnadzor in the established field of activity as bringing to justice persons who have committed (allowed) violations of mandatory requirements of legislation in the field of consumer rights protection, in particular the right to information, the right to safety, etc., filing a statement in court in defense of consumer rights, legitimate interests of an indefinite number of consumers, entering into a case before the court on one’s own initiative or on the initiative of persons participating in the case, to give an opinion on the case in order to protect consumer rights in the manner established by the legislation of the Russian Federation in the field of housing relations in may, in particular, be based on relevant materials from inspections conducted by state housing supervision authorities on compliance with the mandatory requirements of housing legislation regulating legal relations with the participation of citizens - consumers of housing and communal services.

In connection with the above, the territorial department of the Rospotrebnadzor Office for the Rostov Region in Volgodonsk, Dubovsky, Remontnensky, Zavetinsky, Zimovnikovsky districts recommends that residents, when filing their appeals, proceed from the legal nature of the relationship, during the implementation of which violations arise.

Redirecting an appeal to jurisdiction often leads to a loss of time, which adversely affects the results of verification of the arguments set out in the appeal.

How to recognize violations of rights in the housing and communal services sector

Violations of rights in the housing and communal services sector occur in two directions:

when providing housing services;
when providing public services.

It is easier to recognize violations in the provision of public services: the law clearly defines their list, the procedure for charging for them and quality requirements.

Housing services are somewhat more complicated. It must be remembered that the list of works and services and the payment for them are approved by the owners at a general meeting. This list is offered by the management company. If at the meeting itself the owners understand that they are not satisfied with the prices or the amount of work offered by the management company, there is no need to rush to sign an agreement with it. It is better to spend time studying the proposals of other management organizations and ultimately choose a more worthy one, or come to a compromise by drawing up a protocol of disagreements.

A violation of rights in the provision of housing services occurs if the owners have agreed with the company on the list of services, work, the timing and procedure for their implementation, the amount of payment, but it does not fulfill its obligations or demands to pay for something that is not reflected in the contract.

Don’t forget: the law specifies a minimum list of works and services, which in any case must be performed by the organizations managing the house.

No one has the right to reduce this list, no matter how much one would like to save on home maintenance; thus, the tariff must be economically justified not only in the opinion of the owners who want to save money, but also in terms of performing mandatory housing services.

On the powers of Rospotrebnadzor and the housing inspection regarding housing and communal services

The Noginsk territorial department of the Rospotrebnadzor Office for the Moscow Region continues to receive consumer requests regarding the quality of housing and communal services provided. Meanwhile, quality control of housing and communal services provided is not within the competence of Rospotrebnadzor. Rospotrebnadzor monitors compliance with the requirements of sanitary legislation (SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises”, SanPiN 42-128-4690-80 “Sanitary rules for the maintenance of territories of populated areas”) and legislation in the field of protection consumer rights, and considers appeals related to violations of living conditions. For example, low levels of lighting in residential premises, increased sound levels from a certain source, high humidity, poor quality of drinking water, equipment and operation of container sites in violation of sanitary requirements, etc. In terms of compliance with legislation on the protection of consumer rights, Noginsk Territorial Department of the Administration Rospotrebnadzor for the Moscow Region considers requests from citizens related to the failure to provide consumers with information provided for by current legislation. In particular, in accordance with Art. 39, 156 and 157 of the Housing Code of the Russian Federation, the government of the Russian Federation adopted the following documents establishing requirements for the list and procedure for the provision of housing and communal services:

– Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 “On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration";

– Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”

These regulations contain requirements related to the procedure and conditions for the provision of information. In particular, in receipts, during direct contact, etc.

For failure to provide information, as well as for the inclusion in the contract of conditions that infringe on the rights of consumers, the Code of the Russian Federation on Administrative Offenses provides for liability under Part 1 and Part 2 of Art. 14.8. Consideration of issues related to violations provided for in this article falls within the competence of the Rospotrebnadzor Office for the Moscow Region.

On June 25, 2013, Decree of the Government of the Russian Federation dated June 11, 2013 No. 493 “On State Housing Supervision” came into force, which approved the Regulations on State Housing Supervision (hereinafter referred to as the Regulations). The authorized body exercising housing supervision is the State Housing Inspectorate of the Moscow Region, which should be contacted if problems arise related to non-compliance with the requirements for the use and safety of housing or common property in an apartment building. In case of poor quality provision of utility services by management companies. In case of illegality of decisions at the general meeting of residents of an apartment building, including on the choice of method of managing the apartment building. If the management organization fails to fulfill its responsibilities for maintaining the common property of an apartment building, fails to comply with the procedure for providing utilities or does not comply with the established legal requirements in their quality and volume, etc.

The Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region” is located at: 123592, Moscow, st. Kulakova, 20, bldg. 1, technopark "Orbita-2".

The Noginsk territorial department of the Office of Rospotrebnadzor for the Moscow Region recommends that residents of the region send their requests regarding the maintenance of housing stock in accordance with the competence and powers of the regulatory authorities. This will reduce the time it takes to consider applications and allow you to take the necessary measures within the time limits established by law.

The object of federal state supervision in the field of consumer rights protection for Rospotrebnadzor and its territorial bodies are exclusively the mandatory requirements of legislation in the established field of activity, and the subject of inspections is issues of compliance by business entities with mandatory requirements for goods (works, services) formulated in specific regulatory legal acts, regulating relations with the participation of consumers (clause 1 of Article 1 and subclauses 1 and 2 of clause 2 of Article 40 of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights”).

Rospotrebnadzor and its territorial bodies (including the Noginsk territorial department of the Office of Rospotrebnadzor for the Moscow Region) in the housing sector ensures the implementation of its supervisory functions and powers to protect consumer rights:

– by entering into a case before the court regarding the protection of the rights of consumers of utility services, on one’s own initiative or on the initiative of persons participating in the case, to give an opinion on the case in order to protect the rights of consumers in the manner established by the legislation of the Russian Federation (clause 5 of Article 40 of the Law on the protection of consumer rights).

bringing to administrative responsibility persons who violated the right of consumers to information about public services (clause 3, clause 2, clause 5, clause 4, article 40 of the Law on the Protection of Consumer Rights);

– by filing a petition in court to protect the rights of consumers of utility services, the legitimate interests of an indefinite number of consumers of utility services (clause 7, paragraph 4, article 40 of the Law on the Protection of Consumer Rights).

In this case, the basis for the exercise of these powers may, among other things, be the relevant materials of inspections conducted by state housing supervision authorities on compliance with the mandatory requirements of housing legislation regulating legal relations with the participation of citizens regarding the provision of public services to them.

In this regard, neither Rospotrebnadzor nor its territorial bodies have the right to substantively consider and make administratively binding decisions on appeals, the essence of which, inter alia, boils down to the presentation of controversial issues related to the establishment of tariffs for housing and communal services, charging for housing and communal services, the presence of arrears in payment for these services, as well as assessing the correctness of mutual settlements in the housing sector as a whole.

Noginsk territorial department of the Office of Rospotrebnadzor for the Moscow region

Source:

https://inbalashikha.ru/novosti/podmoskove/o-polnomochiyah-rospotrebnadzora-i-zhilishchnoy-inspekcii-v-chasti-uslug-zhkh

What to do if there is a suspicion that consumer rights are being violated?

So, the owner suspects that his rights have been violated. Where should he turn? First of all, to the council of the apartment building. House council members, as a rule, are owners who are knowledgeable in the field of housing and communal services. They are able to explain whether there really is a violation of rights or whether there is simply a misunderstanding of certain points.

If the house council could not give you a clear answer (or they assure you that there are no violations, but you doubt it), seek clarification from the organization that provides you with housing or utility services: a homeowners association, a management company, a resource supply organization .

The application/claim should be prepared correctly: indicate specific requirements and grounds. Employees of the regional center for public control in the housing and communal services sector can help with this (for example, a committee for the protection of consumer rights, public organizations of consumers of housing and communal services, etc.).

These organizations have been created in almost every subject of the Russian Federation. Their main task is to provide advice and explain current legislation. They can also help in drawing up applications, claims to organizations providing services, and complaints to regulatory authorities. The positive side of contacting public organizations is that the consumer receives qualified advice on the problem that has arisen, real assistance in pre-trial, and sometimes in court, dispute resolution.

Another option for “searching for the truth” could be contacting law firms. True, here you will have to pay for the help of lawyers. Don’t forget: the housing and communal services sector is quite specific, and not all holders of law degrees can call themselves experts in it. Therefore, it is best to look for a lawyer based on recommendations.

In any case, wherever you receive advice, ask that they explain to you not only whether you are right or wrong, but also state the legal norms that you can refer to in defending your rights and interests.

In our country, there are both state and municipal bodies that are involved in control and supervision in the housing and communal services sector - the state housing inspection, the district/territorial administration, the housing and communal services department at the mayor's office, etc.

Municipal entity Alushta urban district

The Territorial Department for the city of Alushta of the Interregional Department of Rospotrebnadzor for the Republic of Crimea and the city of Sevastopol receives consumer requests regarding the quality of housing and communal services provided.

Meanwhile, issues of providing housing and communal services to owners and users of premises in apartment buildings and residential buildings fall within the competence of state housing supervision authorities.

Article 20 of the Housing Code of the Russian Federation determines that state housing supervision is exclusively regional state control (supervision).

By Decree of the Government of the Russian Federation of June 11, 2013. No. 493 “On State Housing Supervision” approved the Regulations on State Housing Supervision”, which came into force on June 25, 2013.

Clause 11 of this Regulation defines a wide range of subject matter of inspections carried out by state housing supervision authorities.

Thus, it is the state housing supervision bodies of the constituent entities of the Russian Federation that carry out inspections, the subject of which are issues of compliance by legal entities and individual entrepreneurs with the mandatory requirements of the rules for maintaining the common property of premises owners in an apartment building and the procedure for providing utility services, determining the amount and paying fees for housing and utility services (in including for one), i.e. compliance with regulatory legal acts approved in accordance with Art. Art. 39, 156 and 157 of the Housing Code of the Russian Federation, which in particular include:

— Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 “On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration";

— Decree of the Government of the Russian Federation dated September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings”;

— Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”;

The powers of Rospotrebnadzor and its territorial bodies in the established field of activity are reduced to the following:

— bringing to justice persons who have committed (allowed) violations of the mandatory requirements of legislation in the field of consumer protection, in particular, the right to information, the right to security, etc. (clause 3, clause 2, clause 5, clause 4, article 40 Law of the Russian Federation “On the Protection of Consumer Rights”);

— filing statements in court in defense of the consumer, as well as the legitimate interests of an indefinite number of consumers (clause 7, clause 4, article 40 of the Law of the Russian Federation “On the Protection of Consumer Rights”);

- entry into a case being considered by the court on one’s own initiative or on the initiative of persons participating in the case, to give an opinion on the case in order to protect consumer rights in the manner established by the legislation of the Russian Federation (Clause 5 of Article 40 of the Law of the Russian Federation “On the Protection of Consumer Rights”) ,

It is also important that the subject of relations regulated by legislation on the protection of consumer rights are well-defined objects of civil rights (Article 128 of the Civil Code of the Russian Federation), namely, goods, works, services purchased by citizens for consumer needs within the framework of the corresponding paid contracts: purchase and sale, performance of work, provision of services.

Moreover, in the housing sector, the subject of legal regulation under the legislation on the protection of consumer rights must be in an obvious and inextricable cause-and-effect connection with the object of housing rights, which, according to the provisions of Part 1 of Art. 15 of the Housing Code of the Russian Federation, exclusively residential premises are considered (Article 16 of the Housing Code of the Russian Federation).

Relations relating to the emergence, implementation, change and (or) termination of housing rights as such, including those related to the exercise by citizens of property rights to residential premises, rights to part of the common property in an apartment building and the burden of its maintenance (Article 4, 10, 11, 30, 37, 39 and others of the Housing Code of the Russian Federation), is not regulated by the norms of legislation on the protection of consumer rights.

Also, relations related to the management of an apartment building and its maintenance do not fall under the relations regulated by legislation on the protection of consumer rights, because These issues are initially resolved by a general meeting of owners of premises in an apartment building (Articles 36 and 44, 161, 162 of the Housing Code of the Russian Federation).

Thus, in order to resolve issues arising in the framework of receiving housing and communal services, the consumer, first of all, must submit a written application to the organization that manages (maintains) the apartment building (the “Service Provider”), and if not obtaining the expected result - to the State Housing Inspectorate.

State Housing Inspectorate

The State Housing Inspectorate is the most important supervisory body in housing and communal services. Its specialists identify and suppress violations in this area by state authorities, local governments, legal entities, and individual entrepreneurs. The State Housing Inspectorate also requires strict compliance with housing and communal services standards from ordinary citizens.

The work of the state housing inspection in the regions is coordinated by the Chief State Housing Inspector of the Russian Federation.

The housing inspectorate operates in every region, republic, and region of the Russian Federation. She controls:

how the housing stock and common property of premises owners in an apartment building and in adjacent areas are used;
what is the situation with the technical condition of houses, common property of owners in an apartment building and engineering equipment;
Are house maintenance and repair work carried out in a timely manner;
Are the standards for the consumption of housing and communal services reasonably established;
does the sanitary condition of the premises and common property of premises owners in an apartment building comply with the standards;
how the house is prepared for winter or summer;
how efficiently fuel and energy resources and water are used in the house;
how the standard level and mode of providing residents with public services (heating, electricity, water, gas supply, etc.) are observed;
how the rules for the use of residential premises and local areas are observed;
how the procedure and rules for recognizing residential buildings and premises as unsuitable for permanent residence are observed, as well as how the process of transferring them to non-residential conditions occurs;
whether agreements exist and are observed between residential property owners, service providers and consumers;
how competitions for maintenance and major repairs of state and municipal housing stock are held;
how housing and communal services are performed at the request of the population;
Do residential buildings have devices for regulating, monitoring and accounting for energy and water resources?

If you understand that you are being incorrectly charged for housing and communal services or the quality of services leaves much to be desired, then the state housing inspection is the first regulatory body to which you should write a statement.

The form of the application can be arbitrary, the main thing is to clearly and clearly describe, without unnecessary fluff, what the essence of the violation is. It is not necessary to refer to legal norms.

You can send an application in any way, as long as the fact of its submission is recorded.

You should receive a response to your application within a month. Moreover, the form of the answer itself may be different.

If the housing inspectorate staff examines the situation and does not find any violation, they will send you a written response. If a violation is established, you will also be given a written response, and the management company (or HOA, resource supply organization) will receive an order to eliminate the violation.

The Housing Inspectorate has the right to apply to the court:

on the liquidation of the HOA;
on invalidation of decisions of the general meeting of premises owners;
on invalidating the management agreement for an apartment building.

These claims are filed in the event of failure to eliminate within the appropriate period of time violations of the HOA Charter, violations of the procedure for selecting management organizations, the terms of the management agreement for an apartment building and the procedure for its conclusion.
Municipal housing control
This control is carried out by district and city administrations.
In principle, their tasks and rights are approximately the same as those of the housing inspectorate, but they can only inspect those houses where there is municipal housing. Prosecutor's Office of the Russian Federation
“I will complain to the prosecutor’s office!” — you can often hear from citizens who despair of finding the truth in the fight against unscrupulous service providers. But is it possible to write statements to the prosecutor’s office if the case concerns the housing and communal services sector?

Of course you can. The prosecutor's office oversees compliance with the law in all spheres of human life, including housing and communal services. Another important function of this body is monitoring the observance of human rights and freedoms.

The prosecutor has the right to freely enter territories and premises where ordinary citizens may be prohibited from entering, he can familiarize himself with the documentation - at the request of the prosecutor, the heads of organizations are obliged to provide it in full. If the prosecutor sees signs of an administrative offense or a criminal crime, he has the right to initiate administrative proceedings or transfer materials to the police so that they can decide to initiate a criminal case.

Any citizen of Russia can appeal to the prosecutor with a complaint about the infringement of their rights and freedoms. In this case, the prosecutor must consider the application, explain the procedure for protecting rights and freedoms, and, if the facts described in the application are confirmed, begin working to bring to justice those who have violated the law.

The prosecutor's demands must be fulfilled within the prescribed period.

The prosecutor's office has another important power. If a citizen, due to his age, incapacity, health condition (or other valid reasons), cannot independently go to court, a prosecutor can do this for him.

The prosecutor also has the right to apply to the court in defense of an indefinite number of persons. We are talking about a situation where the rights of a significant number of citizens are violated or when the violation has acquired special social significance.

Thus, it makes sense to contact the prosecutor’s office if you doubt that the offense relates only to the housing and communal services sector, if for health reasons you cannot defend your rights in court, or in cases where the response from other state and municipal bodies does not allow you to understand in the situation.

The application to the prosecutor's office is drawn up in any form and submitted in any way that allows recording the fact of its transfer.
Rospotrebnadzor
The main tasks of Rospotrebnadzor are to monitor the sanitary and epidemiological well-being of citizens and protect the rights of consumers. If the garbage in your house is not removed on time (or not at all), if there is mold, eternal dirt, rats and cockroaches in the entrances, you have every right to write a statement to Rospotrebnadzor.

Complaining about neighbors who are too loud also comes here: the definition of “noise” is also included in the concept of “sanitary and epidemiological well-being.”

The most common violation is consumer fraud. Most often it is expressed in the collection of excessive fees for housing and communal services. Payment documents may contain incomplete or false information about housing and communal services and their executors.

Rospotrebnadzor employees have the right to hold accountable persons who have committed or committed violations of the requirements of the Law “On the Protection of Consumer Rights”.

In addition, Rospotrebnadzor specialists can also apply to the court to protect the rights of consumers and the legitimate interests of an indefinite number of persons. In addition, they can intervene in a case in court and give an opinion on it.

You can also get advice from Rospotrebnadzor on issues that fall within the competence of its specialists.

The application to Rospotrebnadzor is drawn up in free form and submitted in any way that allows recording the fact of its acceptance.

What questions can you contact Rospotrebnadzor?

Rospotrebnadzor is always listening. This is partly the merit of its leader, the “chief sanitary doctor” Mr. Onishchenko. But the real reason is that this Service performs really important functions. Including in the housing and communal services sector.

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare (in short - Rospotrebnadzor) was founded in 2004. Operates on the basis of Decree of the Government of the Russian Federation dated 04/06/2004 No. 154 “Issues of the Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare” and the corresponding Regulations approved by the Government on June 30, 2004. Administratively part of the Ministry of Health (formerly the Ministry of Health and Social Development) .

The competence of Rospotrebnadzor is supervision of the implementation of mandatory requirements of Russian legislation in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and in the field of the consumer market.

In other words, control over the implementation of the requirements of two laws that form the legal basis for the activities of the Service: Federal Law No. 52 “On the sanitary and epidemiological welfare of the population” dated March 30, 1999 and Law No. 2300-1 “On the protection of consumer rights” dated February 7, 1992 .

In accordance with Article 20 of the Housing Code of the Russian Federation, state housing supervision is carried out by authorized executive authorities of the constituent entities. Such bodies are regional State Housing Inspections. Their activities are coordinated by the Government of the Russian Federation.

However, Rospotrebnadzor also has some powers in the housing and communal services sector. Conventionally, they can be divided into powers in the field of sanitary and epidemiological control and the field of consumer protection.

Sanitary and epidemiological control

You can contact Rospotrebnadzor on such sanitary issues as:

Violation of the rules for removal and storage of solid waste. Any actions with solid household waste are regulated by numerous SanPiNs and SNiPs, and therefore fall within the competence of the Service.
Violation of sanitary and hygienic standards in places of residence (mold, noise, etc.). We have already told you what to do if your neighbors have “eternal” repairs - one of the measures is to contact Rospotrebnadzor.
Smoking and the harm of tobacco (we also talked about how to deal with a neighbor who smokes in the hallway in one of the posts) and other issues.

As for epidemiological control, Rospopotrebnadzor will help you if there are rats in the house or cockroaches in the apartment.

Protection of the rights of consumers of housing and communal services

In general terms, the powers of Rospotrebnadzor in this area are specified in Article 40 of the Law “On the Protection of Consumer Rights”. According to this norm, the competence of the Service includes:

1. Bringing to justice persons who have committed (allowed) violations of the mandatory requirements of legislation in the field of protecting the rights of consumers of housing and communal services.

The most typical violation in this case is consumer deception. Most often it is expressed in the provision of services of inadequate quality or not in full, as well as the charging of excessive fees for housing and communal services. Payment documents often contain incomplete or false information about housing and communal services and their executors. In addition, management companies often do not properly fulfill their responsibilities for the maintenance and repair of the common property of apartment buildings.

2. Applying to the court to protect the rights of consumers and the legitimate interests of an indefinite number of consumers.

3. Entry into the consideration of a case by the court on its own initiative or on the initiative of persons participating in the case, to give an opinion on the case in order to protect the rights of consumers of housing and communal services.

In addition, Rospotbernadzor provides legal support and advice on issues within its competence. In other words, you can be provided with practical assistance in drawing up a claim or statement of claim on a particular issue.

You can contact Rospotrebnadzor:

In writing by mail.
Through the official website - rospotrebnadzor.ru, by filling out a special form.
Call the toll-free hotline at 8-800-100-0004.

Judicial dispute resolution procedure

Going to court today is becoming an increasingly popular form of conflict resolution. On the one hand, this requires time and nerves, on the other hand, often only the court can put a final point in the case.

However, you need to remember: judicial proceedings have many of their own rules that all participants in the process have to comply with. If you do not understand them at least at a minimum level, there is a high risk of losing the case, even if in essence you are absolutely right. Therefore, people often hire lawyers or lawyers who could represent their interests in court.

But having a lawyer is not a mandatory condition, nor is it the responsibility of a citizen. Every citizen has the right to defend his rights himself.