Living conditions in residential premises should be comfortable. When the autumn cooling sets in, the heating season is anticipated with great anticipation. But the cherished date in October is not always marked by warming batteries. What to do in such cases and who to complain to?
First of all, you need to make sure that the problem is not with the batteries inside the apartment. A conversation with your neighbors in your apartment, entrance, or building will help you find out the scale of the accident. Major accidents on central highways can cause a lack of heat in an entire neighborhood. The reason for the cold in the apartment may be the delay in the start of the heating season by utility services. To write a complaint to higher authorities, you must have evidence of the inaction of utility workers and the non-compliance of the temperature in the room with established standards.
Heat standards
In order to use reliable data in the application, it is necessary to check the quality of public services and draw up an appropriate report based on the results of the check. The inspection commission includes:
- housing and communal services representative (locksmith);
- representatives of the municipality;
- neighbors as witnesses.
To view a sample temperature control report, please follow the link.
It is necessary to fill out the act in 2 copies. One can be used as evidence of wrongdoing.
The heat assessment criteria are established by GOST R 51617-2000.
Temperature standards:
- Living rooms – 18-20*;
- Living rooms when the outside air temperature is below 31˚С – 20 (22) *;
- Kitchens with electric or gas stoves – 18;
- Bathroom (including combined with a toilet), shower in the dormitory - 25;
- Lavatory, washroom – 18;
- Corridor, lobby, staircase in an apartment building - 16;
- Storage rooms for storing equipment, public linen rooms in dormitories - 12.
* +2˚С for families with disabled people and boarding houses for the elderly. In corner rooms, the temperature should be 2˚C higher than indicated in the table.
The supply of hot water or its suspension is regulated by Government Decree No. 354 of 05/06/2011. Heating must be supplied uninterruptedly throughout the heating season, and responsibility for monitoring the implementation of the Resolution is assigned to local governments and heat supply organizations (Law No. 190-FZ of July 27, 2010).
It is stipulated that the break for repairs of heating networks during the heated period can be up to 24 hours per month. Depending on the temperature in the apartment, the time for continuous repairs is regulated:
- More than 12 ˚С – up to 16 hours;
- From 10 to 12 ˚С – up to 8 hours;
- From 8 to 10 ˚С – up to 4 hours.
If these standards are violated, the heating fee must be reduced:
- by 0.15% for each hour of excess shutdown or temperature discrepancy;
- by 0.1% of the monthly payment amount if the deviation from the norm is -3˚С;
- by 0.1% for each hour of excess heat outage per month (the norm is 24 hours/month).
The organization that carried out the measurements is given a 7-day period to eliminate the deficiencies, after which it is better to contact other competent authorities.
Requirements for document preparation
Well-written and substantiated complaints are promptly reviewed. Compilation rules:
- In the upper right corner of the document the name of the authority to which the claim is submitted is indicated; Write down your details: full name, address, contact phone number.
- The center outlines the essence of violations by housing and communal services, indicates from what date and at what time there was no heating, and what measures have already been taken to eliminate the violations. Evidence of a lack of heating or a decrease in the temperature in the room to a level that does not meet the standards should be attached.
- Requirements are stated. The utility user has the right to ask for a recalculation of the rent, referring to Art. 29 of the Law “On Protection of Consumer Rights”.
- At the end of the appeal there is a date and signature.
You can read about the rules for drawing up official complaints in the article “How to write a complaint correctly”
In the case of filing a collective complaint, when more than 2 people apply, a sheet with the signatures of all interested residents is attached to the document.
Important! The effectiveness of the submitted document depends on several criteria: it must be sent to the competent authorities; when writing, it is necessary to avoid the emotional component and not to use obscene expressions; Concise texts with information supported by evidence are welcome.
Competent authorities
A complaint about the lack of heating can be submitted to several authorities.
Management company or heat supply organization
To correctly file a claim, use the sample application to the management company.
After contacting the management company, a foreman should come. He will identify the reason for the lack of hot water, if it is not a breakdown on the main line, and will draw up a conclusion about the lack of heating. But if service providers refuse to write a conclusion, troubleshoot problems, or recalculate the amount of payment for heating, it is necessary to contact higher authorities.
State Housing Inspectorate
The main function of the organization is monitoring the quality of housing and communal services provided to the population, the timing of elimination of violations, and consideration of complaints. Inspectorate offices are located in every major city.
Phone numbers of state housing inspectorates for regions of Russia and links to their Internet pages can be viewed by going to the website of the Ministry of Construction of Russia minstroyrf.ru/dwellers/index_phones.php.
The document can be submitted as follows:
- by mail;
- to the email address of the relevant organization;
- bring it in person.
Complaints sent in the form of electronic documents can become the basis for verification if compiled using the Unified Identification and Information System identification system.
The application review period is 30 days.
Based on a citizen’s request for inappropriate performance of duties by the management company, the state housing inspectorate issues an order obliging the offending organization to eliminate the deficiencies.
OZPP
Failure to supply heat to apartment buildings on time poses a danger to the life and health of residents. If this happened due to the fault of the management organization, residents have the right to seek help from the Society for the Protection of Consumer Rights “Public Control” zpp.ru/contacts/contact/. Qualified OPP lawyers will help you draw up complaints to the competent authorities or lawsuits, and will represent the interests of citizens in government agencies.
You can contact the OPP:
- In person at the address: Moscow, (metro station Smolenskaya, Park Kultury) Smolensky Boulevard, 7 (or 7/9), entrance from the yard.
- By email
- By phone +7 (495) 763-51-24.
- Ask a question to lawyers on the forum - forum.ozpp.ru/.
The site also operates a system with artificial intelligence “CyberLawyer” ozpp.ru/consumer/ware/add_ware.html. With its help, you can automatically generate a complaint or claim.
Rospotrebnadzor
The Rospotrebnadzor service is called upon to protect human rights to receive quality services. To have your application processed as quickly as possible, it is recommended to submit the document to the territorial office of Rospotrebnadzor. The reason will be a violation of the Law “On Protection of Consumer Rights”. Based on the complaint, the organization will conduct an inspection of the activities of legal entities and individuals responsible for compliance with SanPiN 2.1.2.2645-10.
You can file a complaint:
- In person.
- By sending a notification letter to the address: 127994, Moscow, Vadkovsky lane, building 18, buildings 5 and 7.
- By filling out the application form on the “Accepting Citizens’ Appeals” page of the Rospotrebnadzor website - petition.rospotrebnadzor.ru/petition/.
To contact the location of the organization’s territorial division, it is recommended that you familiarize yourself with the list of addresses on the page “Rospotrebnadzor Offices for the Subjects of the Russian Federation” - rospotrebnadzor.ru/region/structure/str_uprav.php.
Phone numbers for inquiries from any location in Russia: 8 (800) 100-00-04 (free call) or. Consultations are held from Mon. on Thurs. 10.00 – 17.00, Fri. from 10.00 to 16.00. Break time is 12.00 – 12.45.
The opening hours of the public reception can be found on the page rospotrebnadzor.ru/feedback/index.php.
Court
A claim is filed in court regarding the lack of heating in order to compensate for damage and recalculate the amount of rent. Before turning to the judicial authorities, you need to have evidence of the housing organization’s inaction. This may be a previously submitted application to the housing and communal services, endorsed by the company's management and left without consideration.
When filing a claim, payment of a state fee is not required.
It is necessary to contact the judicial authorities at your place of residence. The address can be viewed on the Justice website page sudrf.ru by entering the name of your region in the free field.
Rostekhnazdor
In order for a higher organization to issue an order to the management company or heat supply organization to repair the heating system and restore heat supply, you must contact the Territorial Department of the State Energy Supervision. The complaint is submitted in the standard form:
- Head of Department Dmitry Ivanovich Frolov, tel. (495) 532-13-51.
- To the head of the department for supervision of thermal power plants, heat generating installations and networks, Ivan Andreevich Gribov. Tel. ext. 60-35.
You can submit a complaint to Rostechnadzor in one of the following ways:
- Personally at the reception of the Federal Service. Opening hours: Mon.-Thurs. – from 9 to 18, Fri. – from 9 to 16.45.
- By post to the address: 105066, Moscow, st. A. Lukyanova, 4, building 1.
- By email
Information about the territorial divisions of Rostechnadzor can be obtained by following the link gosnadzor.ru/about_gosnadzor/structure/territory/technology/.
Prosecutor's office
If utility services fail to fulfill their obligations, you should contact the prosecutor's office. In the complaint, it is necessary to note that the inaction of the management organization leads to a deterioration in the health of residents.
Appeals can be submitted in person at your place of residence, sent by mail or electronically to the organization’s website:
- Address of the General Prosecutor's Office of the Russian Federation: GSP-3, 125993, Moscow, Bolshaya Dmitrovka St., 15a. Address for personal requests: Moscow, Blagoveshchensky lane, 10.
- Phone number for reference information and making an appointment: (495) 987-56-56.
- The online reception for sending electronic requests is located at ipriem.genproc.gov.ru/contacts/ipriem/.
Information about the location of the prosecutor's office in your region is located on the website of the Prosecutor General's Office of the Russian Federation genproc.gov.ru. Having opened the “Prosecutor's Offices of the Subjects” window genproc.gov.ru/contacts/map/?DISTR=&SUBJ, you must enter the name of the corresponding district and follow the link.
Within 7 days, the information can be sent to another competent authority.
"Dobrodel"
To solve many problems of residents of the Moscow region, including when difficulties arise with heating, the Dobrodel website dobrodel.mosreg.ru operates. By clicking on the “Create a complaint” link, you must indicate your e-mail, residential address or place a dot on the map, state the essence of the problem and attach an electronic version of the document proving the violations. Then indicate the name of the management company and send the appeal.
Internet resource State Services
You can file a complaint through the State Services website esia.gosuslugi.ru. To find out the information you are interested in or to complain about poor quality services, you need to go to the website of the State Information System of Housing and Communal Services - dom.gosuslugi.ru. To do this, you will need to pre-register on the portal.
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:
You can download and view a sample application to the Criminal Code for recalculation of heating costs using the link.
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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.
The legislative framework
To competently draw up a complaint about the lack of heating, you will need to familiarize yourself with the following regulations and state standards:
- GOST R 51617-2000. State standard of the Russian Federation. Housing and communal services. General technical conditions.
- SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.”
- Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 05/01/2017) “On the protection of consumer rights”
- Federal Law of July 27, 2010 N 190-FZ (as amended on July 29, 2017) “On Heat Supply.”
- Government Decree No. 354 of 05/06/2011 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”
- Federal Law of May 2, 2006 N 59-FZ (as amended on November 3, 2015) “On the procedure for considering appeals from citizens of the Russian Federation.”
How to write a complaint to housing and communal services about heating: sample and example of drawing up a complaint
Inadequate performance of their duties by housing and communal services companies is a common cause of concern for almost all residents of apartment buildings.
In this material we will try to figure out how to correctly write a complaint to the housing and communal services regarding heating, what to do if the management company does not cope well with its responsibilities.
In Russian climatic conditions, living with poor heating is not only uncomfortable, but also dangerous to health.
There can be many reasons for the problem - from simple negligence to worn-out communications, but the consequences are always the same: inconvenience, the need to connect electric heating devices, and as a result, high electricity bills and reduced fire safety.
This is important to know: Where to file a complaint against the management company
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
