Sample application to the State Housing Inspectorate. Complaint against the management company

Every owner can contact the state housing inspection apartment building, if the management company violates his rights. Often, complaints to the prosecutor's office and other supervisory government bodies are sent specifically to the housing inspectorate. Therefore, it is recommended to first send claims to the State Housing Property Inspectorate and only then, if the problem is not resolved, go to court or the prosecutor’s office.

Before going to the housing inspectorate, you should file a complaint directly with management company. Perhaps the problem can be solved on the spot. Since the relationship between the owner of the apartment and the management company lies on the plane, then in parallel with the complaint to the housing inspection, it makes sense to write an application to Rospotrebnadzor.

Let's consider how to write a complaint about the activities of the management company and achieve restoration of violated rights.

What problems are addressed to the inspectorate?

Competencies of the State Housing Inspectorate and other state and public supervisory authorities in the field of maintenance of common property and use of housing stock are set out in Article 20 of the Housing Code of the Russian Federation. The same article also describes the rules for conducting inspections of the activities of management companies.

Main responsibilities of government housing supervision:

• supervision of timely and high-quality execution works in the public utilities sector;
• monitoring compliance with deadlines for heating supply to apartments;
• control correct management management company documentation and timely provision reports on current activities;
• supervision of strict compliance with all clauses of the contract for the provision of utilities;
• control over compliance with the law during general meetings owners apartment buildings.

Apartment owners have the right to file a complaint with the Housing Housing Inspectorate on a wide range of issues:

• The management company unreasonably inflates tariffs for the use of utilities and resources;
• utility resources are supplied poorly or intermittently;
• The Criminal Code does not monitor technical condition equipment and communications of an apartment building (does not comply with inspection deadlines);
• house repairs and cleaning are not carried out local area and entrances;
• Housing and communal services does not hold general meetings of owners or hides its activities, does not provide or publish reports on the website.

Filing a complaint to the housing inspectorate

If it was not possible to solve the problem in the field of utilities directly with the management company, then you will have to file a complaint against the housing and communal services in local branch housing inspection. How to write it correctly? You can download a sample application to the housing inspectorate using the link at the end of the article.

You can make a complaint yourself; it must contain the following points:

• The header of the statement. In the upper right corner is written the full name of the organization to which the application is sent, as well as the position and full name authorized person. Below is the applicant's full name, home address and other contact information;
• Title of the statement. For example, “Complaint about an unreasonable increase utility tariffs management company";
• Main text of the complaint. Detailed description the problem that arose and the circumstances that led to it. Transfer previous actions to resolve the situation (writing a complaint to the Criminal Code, its response to the complaint, or indicating the period during which the complaint is ignored);
• The pleading part. After the word “Please”, the measures that the applicant requests to be taken against the management company are indicated. Such measures may include imposing administrative fine or attraction to another administrative responsibility, as well as imposing obligations on the management company to solve the problem that has arisen. Next, indicate the address to which the applicant requests to send the response;
• Applications. After the word “Attachments,” all documents (or copies thereof) that are attached to the complaint and serve as evidence are indicated misconduct from the management company;
• Date of compilation and signature. Indicated at the very end of the document after the appendices. If the complaint is of a collective nature, then it is necessary to affix the signatures of all residents of the apartment building.

What documents should be attached to the complaint?

In order for the housing inspection to immediately proceed with the complaint, it is highly desirable to attach to it a number of evidence of violations on the part of the Criminal Code. These documents are listed in the "Appendices" section.

What documents could these be?

• A copy of the claim (personal or collective) sent to the Criminal Code;
• Written response management organization for a claim;
• Applications sent to other government bodies (prosecutor's office, court, Rospotrebnadzor);
• Documentary evidence of violations identified in the activities of the management company (certificate on the condition of the housing stock from independent expert, various acts and contracts for the provision of utility services, an act on the bay of an apartment, etc.);
• An extract from the house register and a copy of the document confirming ownership of the apartment (if required for the consideration of the case).

Methods for submitting a complaint

There are three ways to submit a complaint to the State Property Committee, each of which requires compliance with certain rules:

1. Personal appeal. A complaint should be sent to the State Housing Inspectorate only after contacting the management company. If this is not done, then GZHI employees will be required to independently submit the application to the Criminal Code within a week after receiving it. The complaint is submitted in two copies, one of which is transferred to the inspection office, and the other remains with the applicant. An employee of the State Housing Property Office will stamp the incoming correspondence on the applicant’s copy, personal signature and the date of acceptance of the application;
2. Sending a complaint by mail. In this case you should send ordered letter with a description of the contents and a notification of delivery. Otherwise, it will not be possible to prove the very fact of sending the letter and the date of its receipt by the housing inspection. The date of acceptance of the document will be the date of transmission of the letter to the inspection staff. In this case, it is enough to submit only one copy of the complaint to the State Housing Property Department, and proof of its transmission will be a postal receipt of receipt;
3. Filing a complaint via the Internet. To submit an application to in electronic format, you should use the site regional office GZhI, which must have a function feedback. However, after sending electronic complaint In the Housing Housing Inspectorate, it may be necessary to personally visit the housing inspectorate to provide a number of additional evidence of violations. The applicant will be notified of this in the manner specified in the text of the complaint.

In addition to these methods, you can also use the telephone hotline regional housing inspection. You can find the phone number on the territorial GZHI website. This method is very convenient if you need to consult a specialist about a violation legal rights and interests guaranteed by the Housing Code of the Russian Federation and other federal or regional laws.

Deadlines for consideration of citizens' appeals

The maximum period for registering a complaint is 3 working days. For the consideration of the complaint and acceptance necessary measures Exactly 30 days are allotted for solving the problem. The period of 30 days is counted from the moment the complaint is accepted (if you contact the inspectorate in person, the acceptance period is indicated on the copy of the complaint that remains with the applicant).

The written response to the complaint must indicate the measures taken by the housing inspectorate in relation to the Criminal Code. Otherwise, a refusal to take any measures should be granted due to the fact that there is insufficient or no evidence of a violation on the part of the Criminal Code. If the apartment owner is not satisfied with the response of the State Housing Property Inspectorate, then he has the right to file an application with the prosecutor’s office or with a claim in the district court.

Grounds for refusal to consider a complaint

In some cases, the housing inspection has every right refuse to consider the application. The most common mistakes when writing a complaint or when submitting it to the State Property Committee:

• The applicant's personal information is not provided ( anonymous complaint) or its return address;
• the complaint requests the disclosure of personal data of other people;
• the text is handwritten in illegible handwriting;
• the text of the complaint contains swear words and other profanity, as well as threats and insults;
• a complaint had already been filed on the merits of the issue, to which a final response was given.

Drawing up collective complaints

Collective complaints about the activities of management companies are often more in an effective way protection of violated rights. State authorities consider such complaints more readily and thoroughly. Text collective claim differs little from a regular complaint, but it must describe the violation of the rights of everyone at once interested parties, which can significantly increase the volume of the document.

At the end of the collective complaint, personal information is indicated and the signatures of all persons whose rights were violated are affixed. Right to sign in collective complaint Only persons officially registered in the house have. To increase the likelihood successful resolution problems before writing a collective or personal complaint It is best to consult an experienced lawyer. Almost every person will be able to make a complaint competently and take everything into account legal subtleties and nuances.

A complaint to the housing inspectorate against the management company is a phenomenon that occurs in Lately more and more often. Citizens dissatisfied with the work of the Criminal Code begin to submit appropriate petitions. Actually embody this process life is not so difficult. The main thing is to know about some of the features, as well as the rules for writing complaints. You will also have to take into account that the housing inspection only has specific rights and powers. Therefore, contacting here does not always yield results. So what awaits citizens who decide to complain to the relevant inspectorate about the work of the management company? What features should they learn about first?

How to control

First of all, it should be noted that any citizen can write a complaint to the housing inspectorate. Only checks based on these documents are rarely carried out. More often housing companies are subject to scheduled inspection visits. The presence of complaints about a particular organization is just attracting additional attention to a particular company.

In fact, the inspection housing issues carries out only a certain assessment. What aspects are dealt with in the inspection? Please note that these services carry out checks in the following areas:

1. Supervising the fulfillment of obligations of management companies regarding the operation of buildings, as well as carrying out ongoing repairs.
2. Checking the financing of major repairs of houses and their components. For example, roofs or facades.
3. Reconciliation of documentation with recommendations for improving the work of the management company.

Accordingly, complaints have little impact on advice on normalizing the functioning of the management company. Usually all residents' complaints are taken into account.

Grounds for complaints

The Housing Supervision Inspectorate is the organization to which you should send your complaints about the management company. It should be taken into account that no one will simply consider the messages and letters sent. There must be serious reasons for contacting the mentioned services.

Which ones exactly? Repeated complaints directly to management companies. As practice shows, first of all you should try to direct dissatisfaction to the guilty company. It is likely that the management company will see the errors and try to correct them quickly.

In reality, there is no progress from numerous appeals. Only after inaction of the management company can a corresponding letter be sent to the housing inspection. It is important to remember that the complaint should only cover those areas in which the inspectors are involved. IN otherwise It is recommended to go to court immediately.

Evidence of appeals

A complaint to the housing inspection against the management company, as already mentioned, is made only after repeated (this is important) appeals to the company that services a particular house. This letter will have to be accompanied by evidence that citizens tried to resolve the issue peacefully.

What papers will help here? Possible evidence includes:

• copies of appeals to the Criminal Code;
• details of so-called complaints;
• the exact time when calls occurred (for example, printouts of telephone calls).

It is important to understand that there is no point in filing a claim with the inspectorate if there is no evidence of preliminary requests to the management company or papers confirming the company’s inaction. Why? In such a situation, the housing inspection inspectorate will send the complaint back to the management company. That is, the claim will not even be considered.

What questions can you contact?

So what specific questions should you contact housing inspectors about? It has already been said that it is not always possible to complain to this authority. And in what cases exactly?

A complaint to the housing inspectorate against the management company can be sent if we're talking about O:

• general condition of the building;
• territory that is considered local;
• technical condition of the structure;
• engineering communications;
• issues related to payment services for housing and communal services bills;
• violation of sanitary standards;
• detected inconsistencies in fire safety building.

You can also contact us with questions. The above points are directly related to housing inspections. But all other claims are not considered in this service.

Disorder

What cases occur most often in practice? Many simply do not know whether in a given situation they really need to write to the inspectorate. Therefore, most complaints go unnoticed. In fact, a complaint to the state housing inspectorate must be filed for any of the previously listed reasons. But only after several unsuccessful visits to the management company.

The most common disturbances observed are:

• damage to roofs, foundations, windows and doorways are not eliminated, which causes harm to residents;
• The management company stores unnecessary things in the basements of houses, which results in a violation of safety rules;
• failure to take any action when complaining about water leaks;
• littering of local areas;
• unreasonable increase in expenses for major renovation and home maintenance;
• when there is no information about the distribution of funds received from residents.

Application form

How can a complaint be filed with the housing inspectorate against the management company? On this moment citizens are allowed to choose among several alternatives. Just remember that the residents are first required to try to resolve the issue peacefully.

If this fails, a complaint is filed with the city or district housing supervision inspectorate. It must be presented in mandatory V writing. And, as you might guess, with evidence of numerous appeals to the Criminal Code.

The public can contact the inspection:

• personally;
• by mail;
• in electronic form on the official websites of the authorities.

The latter scenario is becoming more and more common. But the second one is not in great demand. The thing is that sending letters and complaints by mail, as a rule, delays proceedings with the management company. Therefore, it is recommended to either use the Internet or submit the appropriate application yourself.

Special situations

In some cases, only the state housing inspection can help. For example, when it comes to financial matters associated with the management company. How to behave in such a situation?

It will be necessary to take into account that the appeal is drawn up in several copies and sent to certain authorities. Not only to the state housing inspection. In addition, duplicates must be sent to:

• to Rospotrebnadzor;
• district prosecutor;
• keep a copy for yourself.

True, as practice shows, such appeals take place not only in special cases, but also simply when a complaint to the housing inspectorate against the management company did not produce any result. Or citizens were denied consideration of the case. Fortunately, this type of appeal is rare. Or residents immediately file a lawsuit against the management company in court.

Design rules

The housing inspection of St. Petersburg or any other city will consider applications only from citizens of one or another settlement. Therefore, it is important to forward complaints to the appropriate authorities. At the same time, many are interested in how to write a complaint correctly.

A complaint to the state housing inspection (district or city - this is not so important) is submitted to free form. What does it mean? There is no specific template, which you will have to adhere to when drawing up the document. The only thing you should remember is that at the very beginning of the complaint, in the upper right corner, information about the organization to which the letter is sent is written down. Then the word “Complaint” is written in the center, and below “against the management company” with information about serving the house organizations. By the way, if you submit an application in person, you should take into account the reception time of citizens. For example, the housing inspection of St. Petersburg communicates with the population from 9 a.m. to 5 p.m.

At the very end of the complaint you will need to put the date of appeal, as well as the signature of the citizen-author. Preferably with a transcript. If it is collective, each applicant must sign. There is nothing difficult about this, quite standard design document.

Statement of claim

It doesn’t matter which specific organization will receive the appeal - the Moscow housing inspection or any other. The main thing is that the method of writing a complaint will not change. It is recommended that before writing an application, you find out the initials of the head of the inspection of a particular city. And send a letter to him. If these initials are unknown, there is no need to worry.

Everything is clear when filing a complaint. Is there any form that can be followed when presenting a problem? No. The citizen must simply describe the essence of the claims, and, if possible, provide evidence of his words. For example, attach photos and video files. You will also need to register them in the complaint. The text is written in free form, but in such a way that it is clear what is being said.

Sample

It does not matter to which body the application is sent - be it the state housing inspection or the city one, the main thing is that this does not change the algorithm for drawing up a complaint. As practice shows, there is no exact template that can be followed in this matter.

However, a complaint to the housing inspectorate against the management company may look different, while still reflecting the essence of the complaints. For example, citizens are able to use the following sample:

(Information about the company).

We, the owners, are located at the address: Moscow, st. Ivan Susanina, 35-41, sent a complaint about the work of the management company involved in maintaining our building. The document was sent on June 5, 2012. Our request was ignored more than once.

The essence of the complaints:

• lack of proper cleaning of the local area;
• lack of cleaning at the entrance (staircases have not been cleaned for a long time);
• Major repairs are not being carried out, the house is not maintained in good condition.

We also called the company several times. Prints and photographs are attached. We ask you to check the work of the management company and satisfy our complaints.

Nothing else is needed. This is how you can make a complaint. If there are repeated requests and silence from the inspection, it is recommended to call the organization. Phone number of the housing inspection of St. Petersburg: 812 576 07 01, Moscow - 8 495 631 24 91.

Owners of premises who have joined the HOA and entered into agreements with management companies hope to get rid of the hassle of maintenance once and for all. common property. In reality, they are faced with a negligent attitude of these organizations towards their responsibilities. Residents of an apartment building can protect their rights with the help of the regulatory body - the Housing Inspectorate.

Dear readers! Our articles talk about standard methods solutions legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

In the main part it is necessary to state the essence of the complaint, naming specific facts and dates of violations. It is advisable to support the description of violations with references to the clauses of the contract that were violated.

In the final part it is obligatory it is necessary to make a requirement to conduct an audit of the activities of the management company, in order to fix the problem.

The complaint must be drawn up in 2 copies. The owners keep one of them, having previously received the signature of the employee who accepted the document indicating the date of acceptance.

The complaint must be accompanied by a second copy of the complaint that you wrote to the Criminal Code, the response received from this organization, as well as inspection reports carried out by the initiative group:

1. If the complaint is about heating, please attach a measurement report.
2. In case of filing claims for inflated tariffs or receiving double receipts,
3. attach copies to your claim payment documents that raised questions for you.

What and when to expect results?

The response to the claim must follow no later than 30 days from the date of acceptance of the application.

Having received written request citizens, The housing inspection is obliged to carry out on-site inspection and recording violations on site. Employees of the Housing Inspectorate must notify applicants in writing or by telephone about the date and time of the inspection by the visiting commission.

After verification, applicants must receive report on the results of the inspection this issue and measures taken.

If you observe violations in the work of the management company, do not sit idly by. You can and are obliged to protect your rights both independently and with the assistance of government agencies control

We recommend watching the video on how to make a management company work:

Maintenance of apartment buildings can be done in several ways. If the residents have not formed an HOA, then care and proper content the common territory and operated property is usually transferred to a management company (MC), which is responsible for its obligations to residents and resource supply organizations.

Residents paying exorbitant sums for utilities are increasingly asking the question: what are we paying for? Of course, everyone understands that no one will service their home for free, but at the same time, residents are beginning to be more demanding about the quality of services for which they pay monthly cash. To protect your rights, you need to understand the rules for drawing up and a sample complaint against the management company to the housing inspectorate.

Reasons for complaints

Competent management housing stock– the process is labor-intensive and responsible. If the chosen management company does not cope with its responsibilities, then it is possible to refuse its services, but this will require time, nerves and coordinated actions of the majority of residents. Organizing the process of terminating a management agreement is quite difficult, but you can complain about the actions or inactions of the management company at any time.

Citizens should know that not all utility problems depend on the building manager, but if the company does not fulfill or violates the conditions specified in the service agreement, it is necessary to promptly demand the elimination of such inconsistencies.

It can be:

• unreasonable increase in the amount of payment;
• incorrect calculations in receipts;
• partial provision of services or complete failure to provide them;
• late delivery of receipts for payment of services;
• illegal conclusion of lease agreements for territory or premises that are common property;
• violation of cleaning schedules, garbage removal, repair work etc.

There are several ways to complain to the State Housing Inspectorate:

• submit an application in person;
• send a complaint by mail;
• contact the hotline or through the website of the regional office.

The inspectorate carefully considers all requests, but a guaranteed response is in writing will be presented only on formal complaint, therefore it is better to draw up and submit an application for on paper, having issued 2 copies. The GZHI specialist will put a mark on the appointment date on your form, after which you need to wait for a response.

The established rules for considering applications stipulate that, upon requests from citizens, the State Housing Authority is obliged to conduct an inspection and provide the applicant with a report on its results within 30 days. If the answer is Taken measures not satisfied with the residents, the issue can be resolved in judicial procedure. When preparing for trial, you should carefully prepare a package of documents confirming the facts of violations. Improper execution responsibilities of the Criminal Code must be recorded in appropriate acts so that the judge has sufficient grounds for a full consideration of the case.

You cannot remain indifferent if the management company:

• does not carry out repairs and cleaning work in the entrances and in the local area;
• does not monitor the condition of house facades;
• violates the deadlines for inspections of equipment and communications;
• inflates amounts on receipts;
• neglects the timely holding of general meetings of residents;
• does not provide reliable reports on the results of its activities;
• allows disruptions in the provision of public services or presents them in poor quality.

Residents need to remember that direct supervision of the actions of the management company is their area of ​​responsibility. State organizations will not monitor proper implementation contractual obligations owners and managers of buildings, unless the citizens themselves are vigilant.

Semenova Svetlana Andreevna

Assistant lawyer for disputes with neighbors. Legal settlement conflicts, consultations and services for working with various organs(complaints, claims, lawsuits)

Articles written

The Housing Code of the Russian Federation regulates the residence of people in their own house or apartment in accordance with their rights. If there is a violation of these rights, for example, rowdy behavior and drunkenness, then this becomes a reason to contact the official authorities. Solving problems with neighbors does not always happen amicably, one of effective ways The only way to combat this is to write a complaint to the housing inspectorate against your neighbors.

When is it necessary to contact the housing inspector?

Citizens can file complaints with the Housing Inspectorate for the following reasons:

• inaction of the management company regarding problems with neighbors;
• poor quality work of the management organization - for example, errors in calculating housing and communal services payments, lack of necessary repairs, basement flooding or roof leaking, lack of major repairs;
• it is necessary to put into effect the instructions of the authorities on housing maintenance;
• it is necessary to consider complaints and statements of any nature regarding the condition of apartments and communication between residents.

Application procedure

The procedure for contacting the Housing Inspectorate is shown in the following steps:

1. Drawing up a complaint in writing according to the sample (introductory, descriptive, concluding). Each part provides detailed information about the applicant/s, the problem of the application and the expected measures. However, not all complaints are accepted for consideration by the inspectorate.
2. After filling out the application/complaint, all signatures of the applicants (if there are several of them) are collected.
3. After approval, the package of documentation (statements and evidence) is sent to reception area ZHI.
4. The applicant is given a copy of the complaint, and a period of one month is allocated for consideration of the problem.
5. The result from the housing inspection is issued in written form.

Complaints of the following nature will not be accepted:

• there is no documentary evidence of the reasons for the application;
• personal hostility towards neighbors;
• “untrue” information;
• the text contains profanity;
• The complaint was written anonymously.

Submission form

There is a single form for submitting an application - in writing. There is also electronic submission statements.

REFERENCE: Electronic form filing was introduced recently, so the time frame for its consideration is longer than allotted for written applications.

Minimum number of applicants

The number of applicants in a complaint against neighbors depends on the type of document– individual complaint (one applicant) or collective (from two or more applicants).

The second version of the complaint is the most common, and also the most effective in terms of solving the problem that has arisen. Housing Inspections give preference to a collective complaint, but will also consider an independent one (in practice this is ineffective).

Application requirements

The application is completed in accordance with the requirements established by the Housing Inspectorate office. Each branch may have its own design features, which you should find out about in advance (for example, go to the official website and download the template). Using Internet resources you can find universal sample complaints with the most appropriate wording.

Main nuances and components (what information is needed for writing, and how to write correctly)

The main data indicated in the application relates to the following information:

Design nuances concern correct wording problems with neighbors. Cases often arise when the problem is explained by the use of obscene language; to avoid problems with registration, template phrases are used:

• illegal redevelopment;
• illegal commercial activity(rent);
• violation of rights according to the Housing Code (unsanitary conditions, noise after 22:00, etc.);
• antisocial lifestyle (noise, fights, drunkenness, etc.);
• use of residential premises for other purposes;
• security breach and property damage.

Simultaneous appeal to several authorities

The law does not prohibit submitting applications simultaneously to several official authorities. In practice, it is worth submitting documentation only after attempts to resolve the issue in the following ways:

• in peaceful way;
• through the management organization;
• through calling the local police officer.

If this type didn't give any appeal positive result, then you can contact the housing department, the court, and the prosecutor’s office at the same time (depending on the degree of the problem).

Terms of consideration

According to Housing Code, the applicant can file a complaint at any time (on working days of the housing department or through online service). It takes 10-14 days to review the document. maximum term consideration – 30 days.

REFERENCE: In practice, there is a speedup in the process of considering an application if you notify the department that the complaint has been sent to the court or prosecutor’s office.

Sample application to the housing inspection

The application form contains the following information:

1. The name of the body to which the document is submitted is the name of the local Housing Inspectorate, its location address.
2. Details of the applicant or several – passport details, registration must be indicated (necessary to establish evidence that the neighbors are harassing the applicant tenants).
3. The essence of the appeal is that the problem associated with the neighbors is described in the correct form.
4. Requirements - what the applicant expects in solving the problem with neighbors.
5. Date and signature of the person or persons applying.

Conclusion

A complaint to the Housing Inspectorate against neighbors is written in cases where it was not possible to resolve the issue peacefully or the management company did not help with the solution. The application is written in in the prescribed form, the form can be obtained from the housing department. The application is reviewed within a month, and the result will be sent to the applicant in writing.