How to write a complaint to the housing inspectorate (GZHI)?

Legislation

The work of state housing inspectors is regulated by:

1. Housing Code No. 188-FZ of December 29, 2004, establishing general requirements for the work of residential housing.
2. Regulation “On State Housing Supervision” No. 493 dated June 11, 2013 names the responsibilities and powers of the supervisory agency.

The regulatory authorities and their capabilities are listed in:

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1. Code of Administrative Procedure No. 21-FZ of 03/08/2015, which describes the procedure for applying for judicial protection.
2. Law “On the Prosecutor's Office” No. 2202-1 of January 17, 1992. It contains the grounds for inspections and the rights of prosecutors.

What does a housing inspection do? Powers and functions of the Moscow housing inspection.

According to paragraph 1 of the Regulations on the Housing Inspectorate, it performs the functions of housing supervision, licensing of business activities, approval of redevelopment, licensing of organizations for managing houses, monitoring the work of Management companies;

A complete list of the functions and powers of the Housing Inspectorate is given in Section II of the relevant Regulations. From the point of view of approving redevelopment, the Housing Inspectorate, in accordance with this section, is authorized to:

• accept documents for approval of redevelopment and review them;
• issue a decision on approval of redevelopment or a reasoned refusal;
• issue a certificate of completed redevelopment;
• carry out inspections of apartments and non-residential premises in apartment buildings for the presence of uncoordinated redevelopment;
• issue instructions on the need to approve redevelopment or return it to its original state;
• issue a protocol of administrative violation and impose fines in the event of uncoordinated redevelopment;

Responsibilities of the housing inspection

GZHI are organized to supervise the activities of companies in the housing and communal services sector. Their responsibilities include monitoring:

• proper use of residential buildings and the area around them;
• serviceability of equipment, water supply systems, sewerage systems, electricity supply, elevators;
• quality and timeliness of repairs;
• reliability of calculations of the amount of water, gas, light per person;
• maintaining the sanitary condition of residential buildings, timely preparation for the change of seasons;
• taking into account the consumption of water, gas, light, heat;
• continuity of provision of services by utilities to consumers;
• compliance with the requirements of the law to recognize houses as safe for living or unsafe, relocation of residents;
• refurbishment of apartments for shops and offices;
• concluding contracts for building management;
• installation of communal resource consumption meters;
• licensing of management companies.

Supervision extends to general issues and is aimed at ensuring the safety of people.

Important : Residential property owners deal with problems related to the common property of apartment buildings.

What is not the responsibility of the State Housing Inspectorate?

The housing inspection does not solve problems related to the personal use of apartments or compliance with individual agreements between the management company and the resident. Complaints from private property owners are not considered.

Problems with payment of utilities, provision of installment plans or benefits are not within their jurisdiction.

GZHI do not deal with damage to apartment equipment that does not belong to the common building. The owners of the premises are responsible for the serviceability of gas and electric stoves, meters, and batteries.

Moscow Housing Inspectorate - information by district.

Who controls GZHI

The system of supervisory departments is designed in such a way that subordinates are subordinate to superiors. City housing estates are controlled by regional ones. Their work is organized by the chief housing inspector.

The legislator obliged local authorities to create territorial public housing estates. They report to administrations or deputy heads of regions.

By establishing subordination, the state seeks to eliminate cases of violation of the rights of citizens.

General control over the quality and timeliness of the performance of duties by housing inspectors is carried out by the prosecutor's office. It initiates inspections of the latter’s activities, issues orders to eliminate violations, and punishes in case of non-compliance.

Public control is provided. Having discovered violations, people can report them to government authorities, preventing negative consequences.

From time to time, the court can resolve the dispute between residents and inspectors. Its acts are binding on all participants in the process.

Important : people can monitor the work of the State Housing Inspectorate by reporting shortcomings, errors, and inaction to other supervisory departments.

Administrative regulations of the state housing inspection.

The main law that describes the procedure and standards for approving redevelopment in Moscow is Moscow Government Decree No. 508. Its Appendix No. 2 establishes the Administrative Regulations for the provision of state. It describes in detail the powers and procedures of the Housing Inspectorate when providing this service. In addition, there are other administrative regulations governing the actions of the city housing inspection, such as:

• Administrative regulations for the execution by the State Housing Inspectorate of the city of Moscow of the state function of monitoring compliance with the requirements for the reconstruction and (or) redevelopment of non-residential premises in apartment buildings in the city of Moscow (approved by Decree of the Moscow Government dated August 28, 2015 N 553-PP);
• Administrative regulations for the execution by the State Housing Inspectorate of the city of Moscow of the state function of monitoring compliance with the requirements for the maintenance of special non-residential facilities in the city of Moscow (approved by Resolution of the Moscow Government dated May 13, 2015 N 261-PP);
• Administrative regulations for the execution by the State Housing Inspectorate of the city of Moscow of the state function of exercising licensing control of business activities for the management of apartment buildings (approved by Resolution of the Moscow Government dated January 21, 2015 N 29-PP);
• Administrative regulations for the provision of state services in the city of Moscow (approved by Decree of the Moscow Government dated January 21, 2015 N 29-PP);
• and others…

In what cases can you complain?

Government organizations can fail to act in different ways. These include cases:

• if the person was not informed about the results of consideration of his appeal;
• the information on which the answer is based is incorrect;
• the check has not been completed completely;
• dilapidated housing is not recognized as unsafe and dangerous for living;
• the supervisory agency refuses to accept or register citizens’ appeals;
• situations where responsibilities are not fulfilled and the rights of residents are violated.

Can they refuse to accept

The legislator established that citizens' appeals must be registered.
The bodies that control the work of residential housing cannot refuse to accept complaints. Applications remain without consideration in the following cases:

• incorrect drafting;
• inability to read or understand meaning;
• use of rude, unliterary expressions in the text;
• requirements to report information classified as secret;
• addressed to other authorities;
• repeating the questions asked.

Important : government agencies cannot refuse to accept applications from citizens. They are registered and studied without fail. After a specified period, a decision is made to begin the inspection, refuse to review, and return the document to the applicant.

How to correctly write and submit a complaint about inaction

There are general rules by which complaints are written against the actions of government bodies and employees:

1. First you need to indicate the body to which the appeal is sent, then information about yourself - personal data, address, telephone, email.
2. Describe the essence of the violation, attempts made to resolve the dispute in lower authorities, and the responses received.
3. List your requirements.
4. Attach evidence.

Attached documents

The list of documents supporting the applicant’s arguments depends on the issue that will be considered. For example:

• claims and responses to them from management companies, housing estates;
• photographs of buildings, courtyards, cracks in walls, destruction of foundations,
• receipts for utility bills, checks;
• home maintenance contracts;
• expert reports.

The legislator provides for the sequence of departments studying citizens' appeals: from lower to higher. This order cannot be changed. Each new complaint must be accompanied by documents confirming the violation and responses from other authorities.

Important : when writing a complaint, you should not express your opinion overly emotionally. The text must be clear and readable.

To the prosecutor's office

Appeals to the prosecutor's office are not much different from others. In order for employees to begin an inspection, you must write a complaint. It is addressed to the prosecutor of the district in which the inspectorate is located, whose actions are being disputed. Information about the applicant must be provided. The text describes the current situation and a request to take action against the offender.

You can complain in person. Prosecutor's offices provide for days for the reception of citizens by the prosecutor, his deputies and assistants. Each of them can accept it.

The appeal can be sent by mail. In this case, you must pay for delivery notice. It is possible to submit information online. To do this, you need to find the official website of the prosecutor's office, write an application according to the proposed sample and attach scanned documents to it.

It is allowed to simultaneously complain about the State Housing Property to different departments.

For the court

Complaints against the actions of officials and organizations are considered administratively. To do this, you need to draw up a statement of claim. It must indicate:

1. Name of the court.
2. Information about the plaintiff - his last name, first name, patronymic, date of birth, address; information about the higher legal education of his representative.
3. Information about the defendant - his name, registration address and location.
4. Description of the dispute, request to punish the culprit, oblige repairs, recognize the building as unsafe, and others.

The complaint will not be considered if the pre-trial procedure for resolving the conflict is not followed.

The court cannot refuse to accept the application, but has the right to leave it without consideration if it finds shortcomings.

Complaints are considered at the place of residence of the plaintiff or the address of the defendant. If the issue is referred to the jurisdiction of another judicial authority or court, the document will be returned to the plaintiff with an explanation of the right to appeal to another body.

Since 2021, it has been possible to submit claims to the courts via the Internet. To do this, you need to be registered on the State Services portal, go to the court’s website and find the electronic appeal form. Access to it will open after entering the password from the site providing government services. In this case, the quality of document copies will be of paramount importance.

How to write a complaint to the Housing Inspectorate?

In accordance with paragraph 17 of section II of the Regulations, the Housing Inspectorate is obliged to consider citizens' appeals. A complaint to the Housing Inspectorate can be written about the activities of the Management Company, with a request to check the housing stock for the presence of uncoordinated redevelopment, or on other issues related to the powers of the Housing Inspectorate, as discussed above.

A complaint to the state housing inspection is written in free form in its department for the district in which the property is located, addressed to the head of the district housing inspection. The passport details and full name of the applying citizen must be indicated. The essence of the complaint is described in free form. A complaint against a neighbor to the housing inspectorate regarding the issue of checking him for the presence of uncoordinated redevelopment can be written even if you are not one hundred percent sure of this fact. The inspector will still follow it to the apartment and check it for the presence of illegal redevelopment. If violations are detected, the owner of such premises will be given an order to eliminate these violations, that is, to return the repair to its original state, and a fine will be issued. We wrote more about fines in a separate article.

We hope we were able to answer the question “How to file a complaint with the housing inspection?”

Collective statement

An appeal against the inactions of the housing inspectorate is possible by several people at the same time. In this case, one general document is drawn up, which is signed by all residents whose rights have been violated. The only difference is the listing of all victims. Collective appeals are considered more effective.

The prosecutor can file a claim in court to protect the rights of several people at the same time. If the victims themselves go to court, the claim lists information about each of them.

What are the review deadlines?

Higher authorities consider complaints within a month. If it was not possible to eliminate the violation during this time, the applicant is sent information about this indicating the planned activities and the timing of their implementation.

Prosecutor's office employees work with citizens' appeals for 30 days, after which they inform them about the results of the inspection. If the deadline falls on a weekend or holiday, it is postponed to the next business day.

The period for consideration of applications is reduced to 15 days if:

• the received application does not require additional verification;
• if representatives of the corps of human rights commissioners make an application or complaint;
• if you need to give a response to a parliamentary or deputy request.

The courts consider complaints until all circumstances are clarified. Applications are registered 3 days in advance. The first meeting is scheduled as the case is being prepared for the hearing Art. 134 CAS RF.

Important : the system of penalties for government agencies and employees is designed to improve the quality of their work.