Sample complaint about cold radiators in an apartment
On the document you must put the incoming number, date and stamp of the organization. All government officials must respond to you within 30 days. Sample claim to the Head of the Housing Office From the resident(s): CLAIM In accordance with the service agreement concluded between me, as the owner of the apartment at the address: , and your organization, I am provided with utility services, including heating services. I conscientiously fulfill all the terms of this agreement, paying fees in full and on time, as evidenced by monthly receipts. You are in violation of Art.
4 of the Law of the Russian Federation “On the Protection of Consumer Rights” you are not fulfilling your obligations: this year, since the beginning of the heating season, the air temperature in my apartment does not exceed ... degrees, which is ... degrees below the established standard. Utility workers may claim that the apartment is cold due to the mistake of the builders who incorrectly designed the heating system.
But the Housing Office still has to answer. Once such a house has been accepted on the balance sheet, it means that we are obliged to create normal living conditions in it.
To whom and how to complain about the cold in the apartment (SAMPLE DOCUMENT)
To understand the legality of further actions, let’s familiarize ourselves with the existing regulations. According to sanitary standards, the air temperature in the apartment should not be lower (according to GOST R 51617-2000 “Housing and communal services. General technical conditions”, put into effect by Decree of the State Standard of Russia 158-st dated June 19, 2000):
Where the complaint can be sent is up to the tenant to decide. You can immediately write a statement to the prosecutor's office if you are not confident in the management company. At the same time, experts do not advise going to court, recommending that in order to resolve the issue more quickly, they still bother the utility workers. And after solving the problem, recover from them through court the material damage caused. There is a practice when one complaint is sent to all authorities at once, so that the same citizen’s appeal is controlled at different levels.
Where to apply?
If the management company does not respond to the application within a week, then further steps should be taken to involve regulatory and supervisory authorities in solving the problem:
- housing inspection;
- Rospotrebnadzor;
- prosecutor's office
Sample to the prosecutor's office
When drawing up a complaint to the prosecutor's office, the following points are taken into account:
- the appeal must be in writing;
- the text of the presentation is short and logical, without minor details and details;
- the presence in the complaint of references to violated regulations;
- a statement of the background to the proceedings;
- specification of requirements for supervisory authorities.
You can download and view a sample application for poor heating to the prosecutor's office using the link.
To the Criminal Code for recalculation
When drawing up an application for recalculation of the heat consumer, it is necessary to refer to the following regulatory documents:
- GOST R 51617-2000 “Housing and communal services” and SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” - according to heating standards;
- Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” - on the right to collect a penalty for late recalculation in the amount of 3% of the total cost of the service for each day of delay.
You can download and view a sample application to the Criminal Code for recalculation of heating costs using the link.
Thus, residents have the right to file an application for poor heating, observing the order of the authorities - housing office or management company, housing inspectorate, Rospotrebnadzor, prosecutor's office, court. At the same time, the wording of the pleading part of the complaint depends on the root cause of the drop in temperature in the houses. In addition to eliminating violations in heating networks, the management company is obliged to recalculate the amounts in the “Heating” column.
If the quality of utility services is violated, a heating claim is filed. The climate of our country requires an obligation to ensure uninterrupted supply of heat to homes during the winter (depending on the outside temperature). And this responsibility is assigned to management companies (housing maintenance services, homeowners’ associations, etc.). Violation of the quality of a utility service such as heating, incorrect calculation of prices, etc. are grounds for filing a heating claim.
The provision of utility services is carried out by specially authorized organizations. They are the recipient of the claim. Particular attention should be paid to the fact of certifying the fact that the quality of the space heating services provided is inadequate. Before filing a claim, it makes sense to apply in person or by telephone to receive information about the reasons for the provision of services of such quality (employees of the operating organization are required to register the fact of the request).
Heating claim
How to correctly write a heating application to a management company (sample)
The heating season for residents of an apartment building very often turns into a real nightmare. Poor quality provision of services by housing and communal services, management company, housing department, housing office is punishable by law. What to do if the heating is poor and the temperature in the house is low. What if there is no heating at all, although it should not have been turned off yet (or vice versa, it should have already been turned on)? How to write a complaint correctly and where to write it if it’s cold in the apartment? In the housing department or in the housing and communal services, in the management company or in the housing office? Who should repair a broken heating system? What standards does SanPin establish regarding the supply of heat to residential premises? How to prove poor quality services and that it was really cold in the apartment? What is the reason that the heating of the residential premises of an apartment building is poor and who should replace the old batteries?
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The examination can be carried out at the request of the owner or service provider at any time. Although the fee can be recalculated only once a year. But conducting an examination and drawing up a report on poor-quality provision of services may be necessary not only to recalculate the amount of utility bills, but also to write a complaint to the organization with which the service agreement was concluded.
Heating recalculation algorithm
Recalculation for heating according to Resolution 354 is carried out on the basis of a submitted application. Depending on the current tariff, payments for the resource consumed are calculated. However, it is possible to calculate the payment if the air in the apartment reached the optimal temperature and the radiators were quite warm. Measurement is carried out using professional tools.
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Rules for drawing up an application
The current legislation does not provide for a mandatory application form.
The document is drawn up in free style and you need to write the following information:
- The name of the utility supplier or contractor.
- Full form of the head of the structure and address.
- Applicant details – last name, first name, patronymic, registration/registration, phone number.
- In the middle is the name of the paper – “Application”.
- In the main text you should write about the reasons for the application, the circumstances, indicate a link to the law and the grounds for adjustment.
- It is necessary to have an evidence base, i.e. an act is attached.
- Date and endorsement.
Complaint about illegal recalculation of heating costs
There are often situations where it is difficult to get feedback from the responsible company. Sometimes utility workers take several months to consider a complaint.
Therefore, in such a situation, as well as when the following circumstances arise, it is necessary to complain to the housing inspectorate and other supervisory authorities:
- incorrect recalculation;
- The management company began to charge amounts in excess of the consumed norm;
- poor quality service (for example, cold radiators during the heating season);
- and other.
The claim is drawn up according to a single standard, indicating the details of both parties. In the main text field, the citizen states a request to understand the current situation and attaches documents.
Statement of claim for recalculation of utility bills for heating
There are provisions in current Russian laws on the basis of which the homeowner has the right to demand adjustments for the resource used. As a rule, this is low quality, an illegally charged overpayment or a large amount of consumption. In any case, the application should be completed correctly and accompanied by evidence.
Required documents
Heating recalculation according to Resolution 354 is carried out on the basis of the application and the attached evidence base.
As a last point, the following documents can be attached:
- A certificate indicating ownership of the property, a registration certificate or an extract from the Unified State Register. Any document of your choice that allows you to determine the square footage of the apartment.
- Information from the housing inspection or court order.
- An act of inspecting the rooms to determine the quality of the services provided, i.e. you need to confirm that it is cold in the apartment.
- Papers indicating the elimination of an emergency in the main line of an apartment building (requested from the Criminal Code or RSO).
- Other documents relevant to the case.
Complaining about cold batteries: in what order and when to complain sample
Government Decree No. 354 of 02/06/2011. Standards for air temperature have been established , therefore, it is important to measure and evaluate the indoor temperature, and not the temperature of the heating radiators themselves, if you are going to complain.
It should be noted that you have the right to request a recalculation for the time when the temperature did not meet the standards - to do this, you need to contact your EIRC with an application and attach a temperature measurement report to it.
Application for recalculation of utilities
- the name of the court in which the claim is filed;
- information about the plaintiff: his last name, first name, patronymic, residential address;
- name of the defendant’s organization, address of its location;
- it is necessary to register all violations that currently exist;
- justification for the violation - links to documents, examination materials, links to legislation;
- a request to the court - it is contained in recalculation for a certain period;
- Appendix - description of documents and copies;
- signature and date of submission of documents.
Sample complaint about cold radiators in the apartment
A year ago I cut off the heating power plant in an old house in the center. I met the foreman at the site and gave it away. What to do when the batteries are “burned” by the cold and are not assembled. less than 2 people), draw up a collective complaint and write a statement to the DEZ. Application to the housing office, housing department (sample) - Business portal Ways of success To resolve the situation, you can contact the housing office (housing office, economic department) p. Samples of complaints about housing and communal services. What should you do if you have cold radiators in your apartment? If you are asked to file a complaint by phone, then you need to find out under. Sample application to the management company with a request to take measurements.
Ready-made samples: statements, complaints, acts, notifications, etc. Boiler houses and thermal power plants are running, but the radiators in residents' apartments still remain cold. February 10, 2010. It is better to make all appeals to the housing office in writing in duplicate... where you are submitting an application (petition) or complaint, name. What sample statements or other documents are you interested in? Homeowners' association or housing office should. Sample complaint about. Complaint about cold batteries: which one? Here are the tips of 14,694 attorneys and jurists on the topic “Cold batteries”... Please write a sample.... I’ve been fighting with the housing department for a while now about cold batteries. Last year I wrote a complaint to Rospotrebnadzor - it helped, but only temporarily. February 10, 2010. It is better to make all appeals to the housing office in writing in duplicate... where you are submitting an application (petition) or complaint, name. What sample statements or other documents are you interested in? in the apartment on Lenina, 10 (Adler) 2 out of 4 batteries are cold from the moment... If there are replies, write, or better yet, send a complaint by fax to.
Application to ZhKO about the cold in the apartment
True, there is a “pitfall” in the “Rules”: if your house froze due to the negligence of the heat supplier or, for example, the authorities and energy companies did not make a sufficient supply of fuel for the winter, that’s one thing. Here, undoubtedly, the truth is on your side. And if, for example, the batteries were defrosted due to an accident on the highway that occurred due to unprecedented cold weather, then, alas, your claims may be disputed. However, the opponent will have to (according to the same “Rules”) prove that the reason was truly “force majeure.” From claim to lawsuit But I don’t recommend “turning on the meter” yourself. Everything must be done according to the rules. The first step is the usual visit to your technical site. If you are too lazy to go there, you can submit your application by phone. Just ask the person who answered the call to introduce themselves and give the number under which your application was recorded in the log. It’s better to personally visit the utility workers.
It is also stipulated that the specified standards must be provided by the housing and communal services service provider, provided that the consumer himself ensures thermal insulation of windows in the premises. In cases of repair work and accidents, control dates for the maximum interruption in heating are also established:
Where can I complain about cold radiators in my apartment? Sample complaint about cold radiators in an apartment
If the appeal is collective, then it is very likely that it will not take much time to consider the application and resolve the problem. In most cases, a mass complaint from residents has a greater impact.
All documents reflecting the progress in resolving the problem situation must be with the applicant, since in the event of a negative and unsatisfactory outcome of the proceedings in the first instance, the retained documents will become a useful basis for evidentiary information about the inaction or illegal decision of the responsible organizations.
Is there any reason to complain about cold batteries sample?
Our services: if there are cool radiators in the apartment, where to go, call and what to do. But, unfortunately, this is not done from time to time, and people begin to upset local management companies with accounts in hand. Phone numbers and addresses of housing and communal services companies, municipal housing inspections, housing and communal services departments in the administration, emergency services and other key contacts throughout the Primorsky Territory. Did the executing organization rightfully charge in February 2020 a standard (example) of a complaint about poor heating in an apartment can be downloaded free of charge from this link. You can see the standard statement below or download it here. You can also add that in an unpleasant case you will go to the tribunal .
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In other situations, you need to correctly choose the authority to which you are going to file a complaint about housing and communal services. The state must be one hundred percent guaranteed to protect all people who pay for such services from cold temperatures during the heating season. And obviously supplying coolant with a low temperature, and then issuing receipts for payment in full, constitutes a crime under Articles of the Criminal Code of the Russian Federation 1. In a conversation with utility workers, it would be useful to remind them of this obligation.
Complaints about housing and communal services
- For violation of the rules for carrying out entrepreneurial activities in the management of apartment buildings (Article 7.23.3 of the Code of Administrative Offenses of the Russian Federation).
- For carrying out entrepreneurial activities in the management of apartment buildings without a license (Article 14.1.3 of the Code of Administrative Offenses of the Russian Federation).
- For violation by the licensing commission of a constituent entity of the Russian Federation of the requirements of the legislation on licensing business activities for the management of apartment buildings (Article 19.6.2 of the Code of Administrative Offenses of the Russian Federation).
If you believe that your rights and legitimate interests have been violated by adopted acts or decisions of state authorities, local government bodies, or officials, you, in accordance with the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation,” have the right to apply to the prosecutor's office at your place of residence with a statement, complaint and other appeal containing information about violation of laws, or to go to court with a complaint against the actions, decisions of authorities or officials who, in your opinion, violated your rights and freedoms on the basis of the Law of the Russian Federation dated 04/27/1993 No. 4866-1 “On appealing to court actions and decisions that violate the rights and freedoms of citizens”, as well as Chapter 25 of the Civil Procedure Code of the Russian Federation.
How and where to write a complaint about poor heating in an apartment
- Severely worn out old communication infrastructure;
- Errors made by designers or installers of heating systems.
- A third possible reason could be that the controller on the heating main was drunk and did not supply heat correctly.
- And yet, the culprits for this could also be neighbors who unauthorizedly installed additional radiators or heated floors and thereby stole heat from all residents of the house.
They wait a week for responses. After this, in the absence of any action on the part of the utility company, you can write the next similar complaint about poor heating to the next authority. But it indicates a previously sent complaint to the housing office and their inaction and attaches a copy of that statement.
Collective complaint to the Housing Office
The legislation allows for the filing of both individual and collective complaints. The latter are filed in situations where the rights and/or interests of several residents are violated.
Typically, the effectiveness of collective complaints is much higher and the response to them is much faster.
Collective complaints differ from individual ones only in the number of applicants. When submitting an application on behalf of several citizens, you must take care to indicate the details of each of them.
Often collective complaints are drawn up by the chairman of the house council or other public representatives.
This makes it possible to better organize interaction with the service organization, because in this case all issues are resolved through one person, and he takes upon himself the explanatory work and resolving the issue with the rest of the residents.
Compilation rules
When drawing up a document, you must adhere to certain rules. This will allow you to comply with the requirements of the law and eliminate the situation of leaving it without consideration.
The set of rules for drawing up any such statement is quite simple and it will not be difficult to follow them, but you definitely need to know about them.
Let's consider the basic rules for filing a complaint with the housing office:
Be sure to include the applicant's details | If there are several applicants, then the last name, first name, patronymic and address must be indicated for each. It is also recommended to write the telephone number of the contact person to clarify possible questions regarding the application. |
The written request must be signed | If a collective complaint is filed, signatures from all applicants will be required. |
You cannot use obscene language, insults, or threats in your application. | And it makes no difference to whom they are sent; if they are present, the application will be left without consideration |
You need to try and describe the whole situation in as much detail as possible, while avoiding unnecessary emotions that only complicate the understanding of the essence of the appeal.
Document structure
Russian legislation does not have strict forms for submitting citizens' appeals to various authorities.
However, the structure of such documents is quite well established and when preparing an application it is better to adhere to it.
This will simplify the analysis of the application and make the right decision faster.
We give an approximate structure of the document in the following table:
A cap | Main part | Final |
Housing office data (or other recipient of the application), applicant data | Description of the reason for the appeal (specific facts, circumstances, etc.) | The applicant’s requests (to eliminate the violation, carry out work, etc.), list of attachments, date and signature |
Submission methods
In most cases, applications to the Housing Office will have to be submitted the old fashioned way - on paper.
It can be brought personally to the secretary or sent by registered mail by regular mail. In the first case, you need to ask to put a receipt mark and the incoming document number on its copy.
Some service organizations have implemented on their website the ability to submit applications via the Internet.
This is a very convenient option, as it allows you to significantly save time, but such shipments will not always be equivalent to paper documents. It is better to clarify this point on the organization’s website.
Sample application
The absence of strict forms for submitting appeals, on the one hand, allows you to provide information in any format that the applicant considers optimal for understanding the essence of the appeal.
On the other hand, without a ready-made template, it is quite difficult to prepare a document yourself. In this case, a sample that can be downloaded here can replace it.
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On the neighbors
Residents of apartment buildings are often faced with the fact that neighbors violate all possible rules and regulations for the use of residential premises.
Violations may be associated with garbage on stairwells, littering of fire exits, noise at inappropriate times, etc. in this case, it makes sense to also contact the Housing Office.
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Although the utility companies themselves most likely will not be able to hold neighbors accountable, they can take measures to eliminate the violation, especially if it poses a threat to the safety of other residents.
Also, the service organization can involve authorized bodies to solve the problem with the violating tenant and, if necessary, bring him to justice.
Regarding heating
Violations of the temperature regime in apartments are a very common occurrence.
Utility companies, in an effort to save on heating costs, reduce the temperature of the coolant and take other actions, as a result, the radiators do not really heat and the apartments become cold. In this case, you must file a claim with the Housing Office.
If it does not give the appropriate results, then you should contact the housing inspectorate or Rospotrebnadzor.
Cold heated towel rail and batteries: what to do and how to deal with it
If the management company employees do not respond to your appeal, go to the State Housing Inspectorate. This is a government organization that controls the provision of quality services to the public by utility companies. Remember, every citizen of the Russian Federation has the right to apply to government services; this provision is spelled out in the Constitution.
- your initials, place of registration and contact information - we write all this in the upper right corner;
- below is the header text. Application for committing an administrative offense under Article 7.22 of the Code of Administrative Offences;
- then we write the text of the complaint itself with the exact indication of the address at which the poor-quality utility service was provided;
- In the text we indicate that the heated towel rail is connected to a hot water riser, therefore it is subject to the rules for its supply. Namely, the water temperature must be at least 60 degrees Celsius and no more than 75;
- We ask you to arrange an inspection and issue an order to eliminate and order to punish the perpetrators;
- Below we put the date and our signature.
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Cold batteries
In accordance with Decree of the Government of the Russian Federation dated May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”, the air temperature in residential premises must be at least +18 degrees Celsius, in corner rooms - not lower than +20 degrees.
If there is no water for more than eight hours in total within one month, or more than four hours at a time (and in the event of a pipeline accident - within 24 hours), the water fee is reduced by 0.15 percent of its cost for each hour of water absence.
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If you live in an apartment building, and you and your neighbors have complaints about the quality of the water supplied, or about systematic interruptions in the supply of gas, heat or electricity, you can draw up a collective application for a reduction in payments, attaching all the necessary evidence.
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In both cases, recalculation will be more difficult to achieve, since the application will need to be accompanied by evidence with the results of the examination, reports, measurements, but this does not mean that the consumer must now pay for cold radiators or dirty water in the tap.
Where to complain about cold radiators in the apartment
In particular, according to SanPiN 2.1.2.2645-10, the temperature in the rooms should be 20-22 degrees. It is acceptable for it to be within 18-24 degrees. For bathrooms, kitchens, toilets, temperatures from 18 to 26 degrees are possible. Under optimal conditions, the numbers indicated are 19-21 for the kitchen and toilet, as well as for a combined bathroom and bathroom, ranging from 24 to 26 degrees.
At its core, this organization is also designed to help consumers. Therefore, a complaint to the authority will allow us to launch a mechanism for investigation and finding out the reason why the housing and communal services did not solve the problem. You will need to submit an application and demonstrate a document indicating the research certified by an engineer.
Cold batteries: where to complain and what to do
After accepting the complaint, a company engineer is sent to you, whose task is to identify the causes of cold batteries. To do this, he measures the temperature in each room, fills out a report form and gives a copy to the owners. If the readings are below the required standards, then utility companies must take appropriate measures.
It may also be that neighbors, caring about comfort in their apartment, illegally make changes to the design of the intra-house system - increasing the battery by several sections or installing another radiator. The incoming coolant fills the entire area of the heated device, while losing heat to the next apartment. As the water moves further through the system, it cools. As a result, it turns out that there are cold radiators in your apartment.
Sample complaint about cold radiators in the apartment
If the apartment is cold, then the utility service, in this case heating, is not of good quality. This is a gross violation of the Rules for the provision of utility services (Government Decree. To do this, write an application to the Management Company or HOA with the requirements to measure the air temperature in the residential premises, draw up a report, and also find out the reason for the poor quality of provision of utility services. The application must be written to 2 copies (keep one for yourself as evidence), and the document must also include the incoming number, date, full name of the person accepting it.Next, the Management Company enters the process.
She is obliged to immediately create a special commission, which will include representatives of the management company, the thermal inspection and the apartment owner himself. Within 24 hours, the resident must be informed of the date and time of the inspection. We meet the commission. It must be borne in mind that the commission must measure the air temperature in the apartment with a special device. An ordinary thermometer will not work for this.
When can you recalculate heating fees?
An application for recalculation of heating fees can be written on the basis of Resolution No. 307 of May 23, 2006. It defines situations when the company providing district heating services can be requested to change the payment amount. Therefore, before writing an application for heating recalculation, it is recommended that you read this document in detail.
Its main provisions determine the procedure for performing this procedure and the list of necessary actions. Often, housing and communal services workers do not know the contents of this document and refuse to recalculate heating costs.
If such a situation arises, you can contact a higher authority or the Consumer Rights Protection Society. It is noteworthy that the sample application for recalculation of heating fees can be filled out not only in the event of interruptions in heat supply. There are a number of other situations when you can reduce the amount of payment for housing and communal services.
Writing an application for recalculation of heating fees is possible if the following situations arise:
- Failure of one or more radiators . In this case, the heat transfer of the system decreases and thereby the quality of service deteriorates;
- Registration of a subsidy . If after this cavitation occurs with the same amounts, it is necessary to recalculate the heating bill correctly. To do this, an application is drawn up with copies of documents on the required subsidy attached;
- Low quality of services provided . These include deviations from the norms described above. However, you need to choose the right basis for recalculation of heating costs, since a number of controversial issues are possible.
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It is important that when one of these situations occurs, supporting documents are drawn up. Only then will the heating recalculation formula be applied. If interruptions in the heat supply occur due to a breakdown, a report must be drawn up, a copy of which must be kept by the owner of the apartment. To determine the improper degree of heating of radiators, you should call a commission from the Housing Office or the Criminal Code. They will use equipment to determine the air temperature in residential premises. When performing these actions, it is recommended to check the actual data with those specified in the act. Based on it, you can recalculate heating costs.
Recalculation can only be performed once a year. Therefore, before starting the procedure, you need to carefully prepare, as there will be a lot of paperwork. First of all, you need to determine for yourself the feasibility of carrying it out.