Who is to blame for the fact that it is “winter” in the apartment?
It’s so common that in case of trouble, people always look for someone to blame.
When, with the onset of the heating season, the long-awaited warmth does not appear, the question of who is responsible for heating in the apartment becomes urgent. Before finding out, you need to determine why the heating radiator in the apartment is not heating well or the radiators are hot and the apartment is cold. There are several reasons for this:
- When one half of the battery is warm (top) and the other is cold, the reason is either clogged or airy. If the system is old, then it is not surprising that it is clogged with sediment and corrosion. In the summer, heating engineers must carry out preventive cleaning of the system; if this was not done, then clogged radiators and insufficient heating in the apartment are the responsibility of the utility services. You can remove airiness yourself by unscrewing the Mayevsky valve or the plugs from the radiator and releasing the air.
- If the residents of the apartment independently replaced the old heating system with a new design and mistakes were made during installation , then the radiators will not warm up strongly enough. In this case, there is no need to look for an answer outside who is responsible for the heating radiators in apartments. He is unambiguous - the owner of the apartment.
- When the cause of the cold is the slow movement of coolant through the system, the service that supplies heat to the building may be to blame. As a rule, this problem occurs when the circulation of coolant in the pipes is disrupted due to poor pump performance. Heating engineers are required to check the efficiency of all components of the system, so in this case a complaint about heating in the apartment will not be out of place.
The lack of heat in the premises is not always the fault of the organizations providing it to consumers. Often, residents of apartment buildings secretly install water heated floor systems or install a shut-off device on the bypass, which is strictly prohibited. In any case, before writing a complaint about poor heating in the apartment, it makes sense to invite heating network workers to your place so that they can identify the cause of the cold. They are the ones who are responsible for heating in an apartment building. It’s easier for them to detect “illegal” installations among residents of the house.
Payment for heating and rules for recalculation in the absence of it
How to pay for heat if it is not available in an apartment building or in a separate apartment due to the fault of the supplier?
Payment for utilities should only be calculated when they are actually provided
. This is a consumer right based on the clauses of the contract signed with the management company.
If residents live in poor living conditions, or there are cold or barely warm radiators in the living quarters, they have the right to recalculate heating payments.
- First of all, you need to call an engineer from the management company
to draw up a report indicating the actual temperature in the house. - The application, confirmed by the act, about the lack of heating, is sent to the Unified Information and Settlement Center
. - Already next month, this center should recalculate utility heating bills.
IMPORTANT!
Not all consumers know that they also have the right to compensation for insufficient heat in the house. If the temperature did not meet the standards, 3% of the monthly payment must be calculated for each day of cold in the apartment.
Residents of an apartment building can count on a quick solution to the issue of lack of heat. If the problem is related to an accident or a pipe leak, then the responsible authorities try to eliminate the accident as soon as possible.
When there is no heat in only one apartment or it is not enough to maintain a comfortable temperature, the problem can last for a longer time.
Standard battery temperature
Before wondering what to do when you discover poor heating in an apartment, you need to know what rights consumers have. Heat standards are approved by law and only by checking them can you decide whether there is a discrepancy between them and the services provided.
Only after this should you go and make a complaint about the heating in the apartment or write a complaint about the heating in the apartment (the 2017 sample will be provided to you by the relevant service).
The approved criteria for heat in residential premises are:
- for corner apartments, the optimal temperature is +20;
- in rooms it should be no lower than +18 degrees;
- in the bathroom - +25.
These figures may vary depending on the region.
The norm is considered to be a decrease in the temperature in the apartment at night to 3 degrees (during the daytime, a drop of 2 degrees is considered a violation) and if this happens, then a recalculation of the heating in the apartment is required. Whether it’s cold or not in the room doesn’t matter. The consumer is not obliged to pay in full for services that do not comply with approved standards.
You can carry out the test yourself using a regular medical thermometer, but for this you need to fulfill 2 conditions:
- Measurements are taken only on internal walls , but the distance from the external wall, if there is one, must be at least a meter. The thermometer should be kept one and a half meters from the floor.
- You need to add 2 degrees to the results obtained.
And only after that think, if there is no heating in the apartment, where to call and who to complain about poor heating in the apartment. There are several examples of complaints about the lack of heating in an apartment, but, as a rule, it is often enough to report the problem to the Housing Office for a commission to come from there and record the fact that the client is right.
The heating in the apartment does not work, where can I complain? Read about it below.
Submitting an application for recalculation
This issue is very relevant among owners these days, since all owners pay for the provision of relevant services, and no one wants to overpay for services that did not occur.
To establish a lower payment amount, it is necessary to draw up documentation confirming the fact that the situation does not comply with the conditions specified in the contractual act (a qualified lawyer in the presence of experts can help in completing the procedure).
Further:
- a complaint is drawn up and submitted to the director of the management company regarding the discrepancy between the services provided by the company and the real situation, a sample copy of which can be found on the company’s official website or in the office premises;
- recording in the text of the statement the room and street temperatures relative to each other;
- draw attention to non-compliance with the terms of the contract document;
- draw up a direct complaint demanding either a recalculation of funds or assistance in normalizing the heating system in the apartment premises.
Please note! Many real estate agents try to mislead their clients by mentioning a temperature of +18 as a general standard for all apartments, not without reason assuming that residents are incompetent in this matter.
In this regard, indicating the exact temperature in the apartment and its discrepancy with the documentation is the most important aspect.
Let's consider this situation: when the heating season begins, heat is still not supplied to the apartment! What could be the reason for this situation?
There are several possible reasons:
- The system defect is observed exclusively in your segment. It’s easy to verify this - you need to negotiate with other owners to identify similar problems;
- An accident was recorded on the Central Heating Main. In this case, not only you, but also all apartment owners both in your building and, possibly, throughout the entire block, or even the city, will be left without heating;
- deliberate delay by representatives of housing and communal services in the beginning of the warm season. In this case, not only you, but also the residents in neighboring apartments will become victims.
ATTENTION! Look at the completed sample application for recalculation of utilities:
Watch the video. Where to go if there is no heating:
Poor heating in the apartment: where to complain?
Where can I complain about the lack of heating in my apartment? Often, residents of multi-storey buildings simply do not know where to complain when there is no heating in their apartment, and believe that they need to immediately go to court. This is fundamentally the wrong approach.
To file a complaint about poor heating in an apartment, there is also a sequence of actions:
- First, you need to start with your housing office or organization that provides heating services. To do this, in our time it is absolutely not necessary to go to these institutions and stand in queues there. It is enough to call and submit a complaint, writing down the name of the person who accepted it and the number under which it was included in the application registration book. A personal visit to the utility service will speed up the process of considering the complaint, and service employees can come on the same day to record its legitimacy. By law, heating network technicians are required to check the cause of the complaint within two days. If they did not appear or considered that the consumer’s claims were unfounded, then you can move on to the next stage of action.
- Secondly, the following complaint about poor heating in the apartment (a sample is provided in the office) is submitted to the head of the housing office or the organization supplying heat. You can go further and immediately send your application to the head of the housing and communal services department of the district administration.
All applications must be submitted in duplicate, indicating their number in the registration book, the date of submission, the signature of the person who accepted them and the stamp of the organization.
By law, the service to which the complaint was sent is required to respond to it within 30 days. Only after these authorities have ignored the statements and measures to correct the problems in the heating system have not been taken can it be possible to sue the heat suppliers.
The heating was never turned on: where to complain next?
Let's consider this situation: while observing the above actions, employees of the housing and communal services sector not only blatantly ignored your demands and requests, but also did not normalize the heat supply. Then you need to make a statement to higher authorities.
Namely:
- Rospotrebnadzor;
- Prosecutor's Office;
- judicial authority;
- Housing inspection.
Before filing complaints with the above authorities, inform utility workers of your intentions.
There is a possibility of a quick and adequate response to the problem in this case. Provoking residents to interfere with the assistance of officials is unprofitable for the housing office, as it is fraught with inspection checks with the ensuing consequences.
Legislation
- The Civil Code of the Russian Federation regulates relations in the field of property, non-property and intellectual rights, property, and contractual obligations.
- The Housing Code of the Russian Federation establishes criteria for the quality of service provision in housing and communal services.
- The Federal Law “On the Protection of Consumer Rights” dated 02/07/1993 No. 2300-1 regulates the rules of interaction between sellers (suppliers) and buyers, defines the concept of quality of services and products, and prescribes the ZPP mechanism.
- Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ is applied in the case of complaints about the work of state, municipal or private enterprises.
- 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 residential premises in apartment buildings” defines the criteria for the quality of utility resources, the procedure for their payment and provision, the responsibilities of the parties, and the practice of recalculation.
How to measure air temperature correctly?
Methods for monitoring air temperature are established by GOST 30494-2011 “ Interstate standard. Residential and public buildings. Indoor microclimate parameters."
It is allowed to take measurements in the cold season when the outside air temperature is no higher than minus 5˚C. It is impossible to measure during daylight hours with a cloudless sky. This is because sunlight entering the rooms will heat the room, so the measurements will be inaccurate.
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Measure the room temperature at a distance of 10 cm, 1 m 10 cm and 1 m 70 cm from the floor. Measurements at these heights are taken in the center of the room and at a distance of 50 cm from the outer walls. The temperature of walls and floors is measured at the center of the surface.
Where can I complain about poor heating in my apartment?
Knowing this, you can quickly solve the problem. First of all, you can contact the following authorities:
- to the management company servicing the house;
- to the city housing inspectorate.
Please note that since 2020, changes have been made to the Housing Code of the Russian Federation (Federal Law No. 59-FZ dated 04/03/2018). Now residents of an apartment building can enter into direct contracts with resource suppliers and, accordingly, transfer payments for electricity, water, heating and gas directly to the organization that supplies these resources, and not to the account of the management company.
But, even if there is a direct agreement with resource suppliers, you can still complain to the management company . By law, she is required to keep all systems in the house in order, even if the residents do not pay her for utilities.
Therefore, if you have problems with heating, you can contact the management company. The management company is obliged to accept the appeal and respond. But the supplier, not the management company, will be responsible for the quality of services under a direct contract.
If complaints to the management company and the housing inspection do not bring any results, you can subsequently contact:
But a complaint about the lack of heating should be sent to these authorities if the utility service specialists ignore the complaint of the residents of the house and have not taken any measures .
Who should I complain to about poor heating, and how to make a complaint correctly?
Residents of the house should know who is responsible for heating, water supply or other utilities. In this case, they can quickly figure out who to file a complaint about the poor quality of engineering systems.
- A complaint to the management company about poor heating or lack thereof must be submitted in writing. If the problem is common to the house - cold risers and radiators in apartments - the complaint should be on behalf of all residents and with their signatures
. - The application must accurately indicate the problem, the time it occurred, and other circumstances.
- You should not only write the application in duplicate, but also register
it. One copy remains in the hands of the residents. - Written and registered complaints will become one of the main documents if you have to go to court to resolve the issue.
IMPORTANT!
An application made in writing and on behalf of a group of residents must be considered promptly.
Is it still cold in the house, there is no proper heating even after contacting the management company? This suggests that the utility is ignoring
his duties, works unprofessionally.
In this case, you need to contact your local authorities.
, supervising housing and communal services enterprises.
It is also recommended to make a complaint in writing
.
Another serious authority is Rospotrebnadzor
, contacting her is often enough to resolve the issue. The application must contain all the information on the problem - the address of the house where the heating is turned off or the radiators are too cold, the name of the management company that heats the house.
In the future, Rospotrebnadzor sends its inspectors to the Criminal Code to find out why violations occurred.
Consumers who are faced with poor performance of the management company responsible for supplying heat to an apartment building have the right to contact the prosecutor's office. You can simply threaten the management of the management company with such treatment (given its complete inaction in solving the heating problem), often such a threat is enough.
The company's management is unlikely to want to deal with the prosecutor's office, realizing its guilt in violating obligations to the residents of the house.
What factors influence the temperature in your apartment during the heating season?
We have dealt with the responsibility for the technical condition of heating networks in an apartment building. As for the temperature during the heating season, which should be in the apartment, there are a number of factors that place responsibility for functionality on you. What happens in your apartment, what temperature in the house suits you is your concern. No one can interfere in your household affairs unless this is contrary to established standards and regulations.
There are often situations when the radiators in the apartment are red-hot, and the living rooms are freezing cold. Or vice versa, the heating season has begun, everything is working fine for your neighbors, but your radiators are barely warm. This means that you are such careless owners and your apartment was not ready for the onset of cold weather.
Note: Basic measures to increase the thermal efficiency of residential premises will increase the temperature in the apartment by 2-30C. Sealing window openings, sealing gaps between panels, insulating entrance doors, blowing out heating radiators are steps that you can do yourself.
Both the management company, the housing office, and you are responsible for the quality and technical condition of the batteries in your apartment. A timely inspection of the condition of the radiators in the house will allow you to eliminate air locks in the system and clean the batteries. If the batteries are in poor technical condition, it is important to replace them in a timely manner. If you can deal with the batteries yourself with the support of specialists from the management company or the housing office, then eliminating other causes of poor heating in the house is not your problem. The work of communications in the house and the functionality of shut-off valves are handled by the housing office and representatives of the management company.
For example. It is possible to find out whether the operating pressure in the heating system corresponds to the required value only with the participation of specialists and with the availability of appropriate equipment.
It should be taken into account that any large-scale objects, and heating systems also include them, cannot be completely perfect. Climatic, technological, and human factors can always make adjustments to the operation of the heating system of an apartment building. Mistakes can be made even at the system design stage and during the construction of a residential building. An elementary example. The use of pipes of smaller diameter when laying intra-house communications becomes one of the main reasons for insufficient heat supply to residential buildings.
The quality of the heating system will be determined by a heating engineer who may visit you in response to a complaint. The corresponding measurements carried out by a specialist mean one thing - the management company is trying to fulfill its obligations. Another thing is whether appropriate actions will be taken in the future by the housing office or the management company to eliminate deficiencies in the operation of the heating system.
The lack of response to your complaints to the management company leaves you with a choice. Continue to fight for your rights or look for other, alternative sources of heating in the house. Unreasonable expenses that you will incur without receiving the required kilocalories of heat in return may force you to take a more radical approach to solving the problem. Abandoning centralized heating and switching to individual heating will allow you to forever forget about the discomfort in the house and squabbles with various authorities.
Why is there no heating?
So, the heating season has arrived, but your radiators remain cold. How is this possible? There may be several reasons:
- There is a problem directly in your apartment. Finding out this reason is very simple - just talk to your neighbors and make sure that everything is in order with this issue.
- There was an accident on the central line that supplies heat to your home. In this case, there will be no heating not only for you, but also for the entire entrance, house or even neighborhood.
- Utilities are delaying the start of the heating season. In this case, your apartment will also not be the only one affected.
Whose property is the battery in the apartment?
Legislation on common property of apartment building residents
Many residents of apartment buildings (MCDs) know that geographically similar buildings are divided into two zones:
- the first is individual property, that is, apartments and the adjacent territory of individual residents of the house;
- and the second is the common property of all residents, represented by the entrance area, elevators, entrances and similar areas of the apartment building.
According to the Housing Code of the Russian Federation (LC RF), their owners are directly responsible for the first type of zones of an apartment building, but for the second - the management company or the homeowners' association.
Who should be responsible for replacing or repairing unusable batteries?
How to find someone responsible for battery maintenance and repair?
Now that all readers of our resource understand who owns the heating radiators in apartment buildings and under what circumstances, we can also consider the procedures relating to their repair or replacement.
In fact, the situation in this matter is outrageously simple - whose battery is responsible for it, or rather, undertakes:
- repair and replace in a timely manner;
- monitor its condition in order to prevent emergency situations;
- when the latter occur, eliminate the resulting consequences (for example, compensate for material damage to residents below who suffered from a break in the old radiator).
It is worth noting that if the actual owner does not want to repair or change the faulty battery, his opponent in legal relations has every right to go to court, which will resolve all controversial issues.
When resorting to judicial debate on the “battery” issue in the MKD, it is important to take into account that the judicial body, when rendering a verdict, will focus specifically on the previously mentioned radiator valve. Therefore, if you are in a disadvantageous position, suing is not only pointless, but truly stupid.
This is largely due to the fact that the court verdict obliges the losing party not only to repair the battery, but also to reimburse all expenses of his opponent in legal proceedings that were incurred during the legal debate. Are you interested in this prospect? Most likely no.
Who is responsible for heating the apartment and supplying heat?
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In addition to the nuances presented above, the “radiator” issue in MKD has one more feature.
It consists of the procedure for replacing batteries. Many apartment building residents are interested in whether they have the right to spontaneously hold this event or not?
To better understand the essence of this procedure, let's look at the order of its implementation for two possible outcomes of events:
- The first option is the owner of the battery, the owner of the apartment. In this situation, the latter has every right to change radiators at his own discretion, but to carry out this procedure he must:
- Notify about future replacement of the Criminal Code;
- Coordinate with the expert the procedure, since making major changes to the configuration of the heating system of an apartment building, even in a separate apartment, requires obtaining a special permit from the government agency authorized in urban planning activities.
After carrying out the above measures, the owner of the apartment can carry out a replacement, naturally, at his own expense.
- The second option is that the battery is in common ownership and either the management company or the homeowners’ association is responsible for its operation. In this case, in addition to the previously presented measures, authorized persons must obtain written permission from the apartment owners to replace the radiator. The exception is situations when the battery is in poor condition and may burst at any time; in such circumstances, permission from the owners is not required.
As you can see, answering most of the questions that arise regarding “radiator” disputes in MKD is not so difficult if you know some of the legislative nuances of this topic. We hope the material presented above was useful to you. Good luck in defending your rights!
You can learn how to replace heating batteries by watching the video:
Watch this video on YouTube
What are the rules for recalculating payments for heat?
Grounds for recalculation - violation of supply and heating standards:
during the heating season, the temperature in the living room is below 18 degrees, in regions with an average daily temperature in winter below 31 degrees - below 20 degrees;
due to accidents, the heat supply was interrupted for more than 16 hours at a time or for more than 24 hours in a whole month (recalculation will not be made if the room temperature exceeded 12 degrees);
Important! A deviation from the norm of 3-4 degrees is allowed.
To carry out recalculation, you must submit an application and a package of documents to the management company:
heating payment receipts for the entire recalculation period, if receipts are lost - an extract of payment from the management company;
heat metering cards;
statement about the area of housing.
To document a violation - lack of heating or low temperature in the apartment - call representatives of the management company to check the premises. You can also carry out the check yourself in the presence of two witnesses; you can invite neighbors for this purpose. Based on the results of the inspection, draw up a report and indicate:
date and time of measurements;
actual room temperature;
period of violation from the moment of measurements.
Send the completed act to the management company. If your request for recalculation has been ignored or the deadline for considering the application is being delayed, you can contact higher authorities - the housing inspection, the prosecutor's office, Rospotrebnadzor.
Permissible heat standards
As stated by GOST R 51617-2000 “Housing and communal services. General technical conditions”, the following temperature standards must be observed in the apartment premises:
- 18 degrees in residential premises, in corners - from 20 degrees;
- also 18 degrees in the kitchen;
- 25 degrees in the bathroom and combined sanitary unit;
- 18 degrees in a separate toilet;
- 16 degrees on a flight of stairs.
The same criteria are mentioned in another state act - Decree of the Government of the Russian Federation No. 354 of May 6, 2011, which stipulates the conditions for the provision of housing and communal services to residents.
Moreover, in the first act of the document there is a special statement defining the provision of heat throughout the heating season.
Important! Separately, the service provider stipulates time periods during which heat supply will be limited:
- maximum 24 hours per month;
- subject to a constant room temperature of not lower than 12 degrees, no more than 16 hours in a row;
- subject to a constant room temperature of not lower than 10-12 degrees, no more than 8 hours in a row;
- subject to a constant room temperature of at least 8 degrees, no more than 4 hours in a row.
If a violation of the above-mentioned standards is detected by the consumer, he has the right to demand a reduction of the fee by 0.15% per hour of the total amount of services for the entire time period.
Possible reasons for filing complaints
Before taking any action because of a poorly heated room, you need to find out the scale of the problem. If the heating is turned off in the entire house, it is recommended to make a collective appeal. In addition, the following situations may be a reason for filing a complaint.
Complaint about low temperature or lack of heating in the apartment or individual rooms
If you suspect that the heating of the apartment is weak, i.e. below the established level according to SanPiN No. 2.1.2.2645-10 (with the latest changes and additions in 2020), you need to take independent measurements. This can be done by purchasing special devices or hiring independent experts. In the latter case, appropriate certificates should be requested. Based on the results of the work, a report is drawn up.
An employee of the management company must be present in the apartment while measuring the heating level. The organization should write about the upcoming event in advance.
Optimal and permissible air temperature in residential premises.
Common areas in the apartment building are not heated - entrances
You can complain about unheated public places, i.e. halls, entrances, utility rooms, on the basis of Article No. 36 of the Housing Code of Russia. According to the regulatory provisions, these areas of an apartment building are included in the list of common property subject to payment. Therefore, the management company is obliged to monitor the condition of the batteries and turn on the heating on them.
High temperature in living areas
GOST R 56501-2015 contains information about what level of heat in an apartment is considered normal. Thus, according to the document, radiators must heat the air within 18-25°C. Changes in temperature indicators depend on a number of factors:
- weather;
- season;
- room location;
- subjective feelings.
At the same time, systematically increasing the heating mode, leading to overheating, is just as dangerous as cooling. Since an excessively heated room provokes the proliferation of pathogenic environments, including mold. Fungus in an apartment has a negative effect on a person - depression, fatigue, imbalance of water and electrolyte balance - grounds for a complaint to the Criminal Code.
High pressure in the system - radiators and pipes break through
In accordance with SNiP 41-01-2003 (latest edition 2020), the pressure and temperature in the hot water mains in a closed system must be at a level so that the air in the room warms up to ~22°C. Relative humidity – 35-40%. The higher the apartment building, the greater the static pressure.
To ensure uniform rise of water in the pipeline, powerful pumping equipment is used. If the indicator increases excessively, there is a risk of a breakthrough on the internal highway. Therefore, if you suspect high pressure in the heating system, you should immediately file a complaint with the management company. The organization must stabilize the supply of the resource within 2 hours.
If the emergency situation is ignored, the service company will be responsible for poor-quality services that result in damage to the apartment or apartment building.
Inflated tariffs for heat supply
Indoor temperature in the warm and cold periods of the year.
Heating bills, as well as for other consumed resources, are compiled in a special database. The calculation is based on monthly figures. Receipts are generated automatically. Therefore, the possibility of error due to the human factor is almost eliminated.
Inaccuracies arise due to a failure in the system or a deliberate increase in the heat tariff. The owner of an apartment building can file an application with Roskomnadzor regarding a violation, as well as initiate a prosecutorial investigation if fraud is suspected.
Complaint about unwillingness to recalculate
Such a ground for complaint arises if the following factors occur:
- provision of poor quality service;
- overcharging;
- the contractor has disabled the supply of the resource.
An additional reason for filing an application for recalculation is a prolonged absence of heating in the residential premises.
Before contacting the management organization, you must prepare the following documents:
- heating payment receipts for a certain period;
- ask the management company for the apartment’s heat metering card;
- data on the square footage of the object, including residential and non-residential rooms of the apartment building.
To record the provision of inadequate quality of services, management companies or homeowners associations are required to conduct an inspection of the property.
Cold batteries - where to go?
The norms are the norms, but if the apartment is cold, and you also have small children, you won’t think twice about it - you need to quickly solve the problem. So where should you go? There are several options.
First, try calling your county or area dispatch service. The service telephone number can be found at the information desk, on the Internet or at your local government office. You are required to accept the application and promptly (on the same day or the next) check the reasons for the lack of heat.
If the facts are confirmed, the technical specialist is obliged to draw up a corresponding report - always in two copies, one of which do not forget to keep for yourself. As soon as possible, all problems associated with the lack of heating must be eliminated.
Please also keep in mind that, according to Decree of the State Construction Committee of the Russian Federation No. 17 dated September 27, 2003, once a year a plumber is required to routinely inspect the elements of the central heating system. When talking to utility workers, it would be a good idea to remind them of this responsibility.
Who else can I contact?
- To the management company that services your home.
- To your housing association.
- To the building maintenance service that maintains your home.
- To the city housing inspectorate.
Where to write complaints if there is no heating?
There is no need to wait for the three-day period to expire. The heating issue must be resolved by all available means. One of them is to file administrative complaints with regulatory authorities, including by telephone. The first step is to prepare the text of the complaint. They can be sent by mail or online.
Here is a list of organizations to call about heating:
- Territorial department of housing inspection.
- Rospotrebnadzor.
If you file a complaint by mail, you must attach to the application copies of documents that confirm the illegality of the actions of the management company or service provider. It is necessary to attach a copy of the report on the lack of heating and an appeal to the organization, which remained unanswered.
Option No. 1 - contacting the housing inspectorate
Utility workers are afraid of citizens turning to the housing inspectorate, so before submitting a request for an inspection, call the head of the management company. Offer to reconsider your claim, having first mentioned the registration number; perhaps the problem will be resolved at this stage.
If there is no reaction, then you need to write an application to the housing inspectorate using this sample. It needs to be supplemented with personal data, the address of residence, as well as the location of the management company. The complaint must be sent by registered mail with notification
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If you send a complaint via the Internet, then first you need to go to the website of the housing inspectorate, to which the location of the management company is located.
Next, the process will be described using the example of the State Housing Property Department of Moscow.
On the website you need to find a section where citizens’ requests are accepted. It is located on the main page. Next, you need to click on the “Appeals from Citizens” section and select “Electronic Reception” from the list that opens.
On the page that opens, you need to pause and study the rules for submitting an electronic appeal. After reading the submission rules, you must click on the link below the rules.
After this, a form will open that needs to be filled out.
At the bottom of the form you need to attach scanned documents, as well as write the text of the appeal. The text cannot exceed 4,000 characters. The size of the attached file cannot exceed 50 MB. It is acceptable to attach photos
It is imperative to indicate the method for receiving a response from the State Housing Inspectorate. The result of the application will be sent by email if you indicate this in the application. It is possible to receive a response by registered mail, but in this case you will have to wait much longer for the result. On average, it takes from 2 to 5 days to process one complaint.
After processing the application, the State Housing Property Inspectorate will check the activities of the management company. If violations are confirmed, the State Housing Property Committee may revoke the license issued to the management company. Without it, the organization will not be able to continue its activities. .
Option No. 2 – complaint to Rospotrebnadzor
You can write an appeal using the text that was compiled for the complaint to the State Housing Inspectorate. It is necessary to make minor corrections, indicating a violation of consumer rights, since the management company does not fulfill its duties.
The text of the complaint must reflect the request for an inspection. Next, attach copies of documents to the text of the complaint and send them by registered mail.
You can also write to Rospotrebnadzor on its official website or through the government services portal. The complaint process will be shown using the second method. To do this, you need to be registered on the appropriate portal.
You need to log into your personal account and click on the “Service Catalog” tab. From the list that opens, you must select the “Authorities” section. This tab contains the necessary supervisory authority
In the list of services that opens, you must select the fifth item from the top. After this, you will be taken to a tab with information about the service, where at the bottom there will be a link to go to the organization’s website. On the website you need to find an electronic reception, and then select the territorial department of Rospotrebnadzor. The system will take you to the desired site where you need to fill out the form.
Option No. 3 – lawsuit
Another effective way to force the management company to fulfill its obligations is to file an administrative claim in court. To do this, you need to use the services of a lawyer who has experience in courts with management companies. It is very important to find a specialist who understands housing law.
He needs to show all receipts, documents, requests and recordings of conversations. Together with a lawyer, it is necessary to draw up a claim, which will stipulate all claims against the company. In addition, the text of the document must contain demands for reimbursement of costs incurred by the consumer due to the lack of heating.
An example text of the statement of claim is as follows. The claim must be accompanied by a list of documents confirming material expenses. If exacerbations of chronic diseases occurred during the shutdown period, you should attach a certificate from a medical institution
If problems with heat supply arise in an apartment building, then you need to involve your neighbors and write a collective statement. The claims of owners and responsible tenants will most likely be satisfied by the court. The defendant will be required to comply with the court decision.
Option No. 4 – application to the local prosecutor’s office
If the heating situation has not returned to normal, you must contact the prosecutor's office. In addition to the management company, inspections will also be carried out on requests that remained unanswered by the supervisory authorities.
You can only submit an application to the prosecutor's office in person. To do this, you need to find out the address and come with ready-made documents. You need to write an application for an urgent inspection at the management company. Copies of unanswered requests must be attached to the application.
Option No. 5 – contacting the President’s reception
If there is no response from the prosecutor's office, you need to write to the president's reception. This can be done on the website by filling out the electronic form. Once a complaint is received, it will be reviewed and a decision will be made to order inspections, forwarding it to the relevant supervisory authorities.
You can write a collective appeal. To draw up a complaint, you can use an existing sample or write it in any form. You need to attach photographs and copies of supporting documents, this will reduce the time to receive a response.
Where can I file a complaint if there is no heating in my apartment?
If the heating in a private house or apartment works poorly or does not work at all, residents should take action as quickly as possible. First of all, you need to make sure that you have a document on hand confirming the absence of heat. When drawing up this act, residents, representatives of utility services and government officials must be present.
The corresponding “invitations” to housing and communal services workers and to the city administration are sent in writing through the post office. You should also ensure that you receive notification of delivery of letters. The notification will play a key role in the event that a representative of one of the structures is not present when drawing up the act. If the applicant has confirmation of the sending of the corresponding letter, then only those who are present at its formation can sign the act.
Of course, citizens have a well-founded question about where to send their complaint. First of all, a sample claim is written to the utility service that supplies the heat. If it is not possible to resolve the conflict peacefully, then Russians have the right to take radical measures and file a complaint with one of the following authorities:
- Rospotrebnadzor;
- Prosecutor's Office;
Upon receipt of a complaint, employees of the relevant structure will organize an inspection and punish the perpetrators. It is important to remember that going to court is a last resort. You should only file a lawsuit if other means of obtaining justice have failed.
Another nuance that should be taken into account concerns the material side of the conflict. If the case reaches the courts, then the injured party has the right to demand from the utility companies not only to correct the situation with the heat supply, but also to compensate for the moral damage caused.
To achieve justice in court, experts strongly recommend that citizens seek help from a specialist by issuing a power of attorney to represent their interests. If an experienced lawyer deals with this issue, this will guarantee that the interests of the citizen will be under reliable protection.
Sample complaint to the heating management company
In order for a complaint about cold batteries to be accepted for consideration, and the causes of the incident to be eliminated, you must follow the writing rules:
- The complaint must be structured, written in legally competent language, without emotional overtones.
- Only facts that can be supported by evidence should appear.
- If a collective complaint is planned, then it should have as many signatures as possible. To do this, they hold a meeting of those living in the entrance or in the house and jointly discuss the initiative to create a claim.
- For further movement through the authorities, you will need proof of application. Therefore, the complaint must be sent by registered mail with notification by mail or brought to the reception office of the Criminal Code, register two copies and keep one for yourself.
How to make a claim
A claim to the Criminal Code is drawn up similarly to any other government authorities. The document contains:
- The so-called “header”, which lists the manager’s full name, name of the management company, data of the initiators of the complaint: their full name, addresses.
- Below is the name of the document – Complaint or Claim.
- In the main part, you need to set out the circumstances: from what period the problems with heating began, what temperature was recorded in the apartment, the entrance, what actions were taken by the residents to turn it on.
- It is necessary to inform about your intention to apply for protection of rights to government authorities if the issue is not resolved at this level.
- At the end of the claim, the participants are listed and their signatures are placed.
- Attached to the complaint will be documents on ownership of the apartment, acts of temperature measurements, paid receipts for heating, and heat supply contracts.
These rules can be used as a sample or template for writing a complaint against the Criminal Code. The application form can be obtained from the official websites of government agencies.
IMPORTANT! Anonymous complaints will not be considered.
Features of filing a complaint about lack of heating
In accordance with current regulations, the minimum temperature permissible for a living space is 18˚C. If the actual indicators do not meet the established criterion, this is a valid reason for filing a complaint. It is important to take into account that regardless of which structure the document is submitted to, it must be drawn up in compliance with the rules of the Russian language and not contain errors.
Today there is no strict template for writing a complaint about non-working heating, so the form of the document can be free. However, the claim must meet the requirements of business writing and etiquette. The text should not contain phrases with an emotional connotation, rude expressions or obscene statements. When writing a complaint, you should strive to be as concise and informative as possible. The document must also contain the following information:
- The name of the organization to which the complaint is being sent;
- The exact address of residence (if it is an apartment building, then indicate the number of residents);
- Data from the contract with the utility service;
- Description of the problem;
- Legal justification;
- Applicant's requirements;
- The time during which the complainant waits for a response;
- Date of submission of the document and signatures of the residents.
Regardless of which method is chosen to solve the problem, experts strongly recommend filing a collective complaint. If the appeal comes from several residents at once, it will be considered as quickly as possible. Most often, the period for making a decision on a case varies from 10 to 30 days.
As for the method of sending a complaint, in addition to using the services of the post office, you can write a complaint through the official Internet portal of the selected structure. If the document is drawn up in ordinary written form, then the applicant must keep a copy of it.
Where to complain about heating being turned off in winter
This is a serious crime that jeopardizes the performance of the entire heating system of a district or settlement. If it freezes, it will be impossible to restore the heat supply until the end of winter. This is especially true in areas where low temperatures prevail.
Such situations usually cause wide resonance, including in the media. Therefore, residents must publicize such blatant violations.
Where to call
If the heating is turned off, you need to immediately call the management company, the resource supply organization and the local administration. They are no less interested in restoring the heat supply than the residents; their managers will be punished, including removal from office, for such omissions.
Phone numbers can be found on monthly receipts for maintenance and heating payments, and on information boards near the house.
If the problem is serious and cannot be resolved at the local level, it is necessary to involve government authorities.
Rospotrebnadzor has set up a hotline at 8-800-100-0004 . The call is free from anywhere in Russia. Hotlines of other government agencies are distributed by region and can be found on official websites.
IMPORTANT! A response to the complaint will be given within 30 days.
Filing a complaint if there is no heat in the house to the supervisory authorities
If there is no heating, you can send a corresponding complaint to Rospotrebnadzor . Its text should contain a reference to a violation of consumer rights, since housing and communal services have quality standards established by the state. Such a complaint can be sent in person, by registered mail, or through the State Services Internet portal. To do this, you need to have a registered account on this site.
According to the law, residents of houses in which there is no heating have the right to file a corresponding complaint with the prosecutor's office . Such an appeal may be submitted in person or by mail. The application is accompanied by a full package of documents, as well as unanswered requests to the housing inspectorate or Rospotrebnadzor. Based on the results of consideration of the complaint, the prosecutor may issue a proposal to eliminate violations of the law.
how to write a complaint to the prosecutor's office here ! You can find out where to complain about rusty tap water in a separate article .