What does a housing inspection do: responsibilities and powers

The Moscow Housing Inspectorate is the main and only executive body in Moscow, which, according to clause 4.2 of the Regulations on the State Housing Inspectorate, approved by the Moscow PPM No. 336 of July 26, 2011, is responsible for coordinating the redevelopment of apartments and non-residential premises in apartment buildings.

State Housing Inspectorate of the City of Moscow - decision on approval of redevelopment.

Website of the Moscow Housing Inspectorate - mgi.mos.ru. The central office of the Moscow Housing Inspectorate is located at the address: 129090, Moscow, Mira Avenue, 19. The legal address is also the same as the actual address. First, the documents are received at the district office, and from there they are forwarded to the central office, where a special department issues either a permit or a reasoned refusal. We provide detailed information on the branches below.

Moscow Housing Inspectorate - hotline: 8-499-763-18-56. Head: Oleg Vladimirovich Kichikov. We provide phone numbers for district offices below.

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Legislative regulation

Its work is organized in accordance with a whole list of legislative acts. Without studying them, it is difficult to understand what the housing inspection does:

• Constitution;
• Housing Code;
• Decree of the Government of the Russian Federation “On State Housing Supervision” of 2013;
• Methodological recommendations adopted at the level of the Ministry of Construction of the Russian Federation;
• Regulations on the organization of housing supervision, adopted at the level of each region (it must be said that their content is identical);
• The Law “On the Protection of the Rights of Legal Entities and Entrepreneurs under State and Municipal Control” regulates the limits and boundaries, the procedure for conducting inspections of supervised organizations;
• Code of Administrative Offenses - describes the conditions and procedure for bringing to responsibility for administrative violations;
• other regulations that in one way or another affect the scope of the organization’s activities.

More often in legal practice, the penultimate two regulations are used. They most fully reflect the powers and scope in which the inspection is obliged to act.

Structure of the State Housing Inspectorate in Russia

There is federal management in the system, but control is exercised within a certain territorial entity. This means that each region of the Russian Federation has its own GZHI. Local management is carried out by city and municipal branches of the organization.

Separate divisions of the Housing Housing Inspectorate monitor the correctness of charging for utility services, supervise the licensing activities of housing and communal services and management organizations, and monitor technical problems. Inspection specialists issue conclusions about the safety of living in apartment buildings and assign the status of emergency or dilapidated housing.

Inspectorate objectives

What does a housing inspection do? The answer to this question is contained in the above acts:

• identifying and taking measures to stop violations committed by citizens, legal entities, organizations and authorities;
• supervision over the implementation of legislation on energy saving;
• identifying and taking measures to stop violations of housing legislation;
• control over the implementation of standards for the maintenance and use of housing stock, regardless of the form of ownership and affiliation;
• control over the implementation of standards for the maintenance and use of common property of apartment buildings;
• supervision of the activities of organizations and entrepreneurs managing apartment buildings;
• supervision of the activities of capital repair funds;
• supervision over the correct collection of fees for housing and utility services.

This is an approximate list of what the housing inspection does, functions or areas of its activity.

Moscow State Housing Inspectorate - information by district.

Powers of the Inspectorate

Now let’s look specifically at what the housing inspection does when performing its tasks:

• organizing inspections to ensure that citizens, organizations, and entrepreneurs comply with legal requirements;
• consideration of complaints from citizens and organizations;
• taking measures in accordance with the law when violations are detected;
• participation in the decision-making process on recognizing housing as dilapidated or unfit for habitation;
• analysis of the collected material during systematic observation of supervised persons.

Main functions

In addition to the Criminal Code, the inspectorate monitors the activities of legal entities involved in the processes of organizing the residence of citizens: housing maintenance departments, homeowners' associations (HOA), housing construction cooperatives. Her main responsibilities include checking:

• the procedure for the operation of residential buildings and adjacent areas;
• condition of residential buildings, their inclusion in capital repair programs;
• timely repair work and proper maintenance of life support systems at home;
• the amount of consumption of utilities, as well as the legality of established standards;
• carrying out seasonal work related to municipal equipment;
• condition of residential apartments, repair of utility systems in them.

The Housing Inspectorate provides advisory assistance and interacts with the management organization receiving the license.

Organization of inspectors' activities

What the housing inspectorate does can be clearly seen from the example of its individual employees; they have the right to:

• request documents and information for inspections;
• enter the territory of the facilities to carry out inspections, showing the identification and a copy of the order to conduct the inspection;
• the right of passage into residential premises arises if consent is given by its owner or owner;
• conduct examinations and examinations;
• carry out verification of the legality of the creation of an HOA;
• carry out verification of the legality of the provisions of the HOA charter and amendments to it;
• check the legality of the election and appointment of HOA officials;
• check the legality of the choice of the management organization by the general meeting of owners.

The powers regarding control over the activities of HOAs, the points on which inspectors have the right to conduct inspections and issue orders, are set out directly in Art. 20 housing code.

Fines for public housing estates and management companies

It is very likely that, based on the results of the inspection, representatives of the inspection will identify violations of licensing requirements for managing an apartment building. In this case, they have the right to impose an administrative penalty in the form of a fine. The amount for legal entities reaches 300 thousand rubles.

For example, if cosmetic repairs have not been made to the entrance for many years, then this is a serious violation.

A fine is also imposed if the management company has inflated monthly payments. The fine will be equal to 15% of the excess amount.

It is collected in favor of the owner in the form of a reduction in payments in subsequent months.

Formalization of actions

What does the state housing inspection do? Authorized persons have the right to:

• consider complaints and make decisions on them using available powers;
• during inspections, draw up reports;
• issue orders;
• bring to administrative responsibility (draw up protocols, conduct administrative investigations, make decisions on such cases).

What does GZHI do?

The Moscow Housing Inspectorate is engaged in housing supervision, licensing, and licensing control over the business activities of organizations regarding the management of apartment buildings. Regularly monitors residential and non-residential facilities in Moscow. Her powers also include coordinating the reconstruction and redevelopment of premises in city high-rise buildings.

The Metropolitan Housing Inspectorate is authorized to perform the following actions:

• receive complaints and statements from the public regarding violations of legal provisions with a demand to eliminate illegal actions;
• change the conditions of use of the house;
• prevent the occurrence of circumstances that jeopardize the safety of living in the premises;
• consider controversial situations in the provision of housing and communal services. Protect consumer rights;
• hold managers of management companies accountable for failure to fulfill their duties.

For this purpose, the Moscow Housing Inspectorate has the right to carry out the following activities:

• familiarization with documents of utility service providers;
• quality control of resources supplied to residents of high-rise buildings;
• supervision of the technical condition of the house, the procedure for its operation;
• organizing inspections of premises;
• control over the activities of the housing office;
• accepting applications regarding the possibility of refurbishment of housing, their consideration and making an appropriate decision.

Handling complaints

No more than a month is allotted for their consideration. If there are not enough documents or other information to make a decision, then additional materials are requested.

Does it make sense to file complaints? Having answers or copies of applications with marks of acceptance in the office, the citizen will have a reason and foundation for further action. In addition, the courts like to ask whether attempts have been made to settle the issue in a different way, without going to court.

The law also provides for the right to complain directly about the action or inaction of the inspectorate in accordance with the norms of the CAS (section on appealing the actions of officials). The inspector may agree with the arguments of the citizen’s application.

In this case, the result is an order that is binding on violators. Disagreement with the arguments is formalized in a letter.

Functions of municipal housing control

The functions of municipal housing control are performed by the Administration of the city, district or region represented by municipal inspectors. These include:

• checking compliance by citizens, legal entities and individual entrepreneurs on the territory of a constituent entity of the Russian Federation with the mandatory requirements established in relation to the municipal housing stock by federal and regional laws in the field of housing and communal services;
• issuing orders when violations of the above requirements are detected;
• preparation of materials for submission to supervisory authorities (SGI).

All actions of municipal inspectors are regulated by the Housing Code of the Russian Federation.

Carrying out inspections

According to the law, scheduled and unscheduled inspections of objects and organizations in the housing and communal services sector are carried out. In particular, the level of readiness of facilities for the transition to the new heating season.

A schedule of scheduled inspections is approved annually. If complaints are received from citizens or organizations, or authorities send materials that serve as the basis for an inspection, it is carried out unscheduled.

During the inspection, an act is drawn up that reflects its progress, the violations identified, and the signatures of the inspectors and other persons. Those who disagree have the right to make their comments.

As a rule, the activities of an inspector are regulated by special regulations or instructions. The result of the inspection is orders and protocols drawn up against the perpetrators.

The procedure for conducting inspections is regulated by the law on the protection of the rights of organizations and entrepreneurs under state or municipal control.

Address and telephone number of the Moscow Housing Inspection hotline

It is important for citizens to know the address of the Moscow Housing Inspectorate and its telephone number. This will help, if necessary, to quickly contact representatives of this organization. Moscow housing inspection hotline .
You can call 24 hours a day. The address of this inspection organization is: Russia, Moscow, Mira Avenue, 19с1. Moszhilinspektsiya has its official website: https://www.mos.ru/mgi. Citizens can send complaints, petitions and other letters to the Moscow Housing Inspectorate by email

Thus, the Moscow Housing Inspectorate is part of the city's executive branch. It reports directly to the capital's government. In charge of monitoring compliance with current housing legislation. You can file a complaint with this organization against the management company or HOA by mail or during a personal visit. A hotline is available for consultation around the clock.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7

, St. Petersburg
+7 (812) 425-62-38
, Regions
8800-350-97-52

What is the meaning of the regulations?

Instructions are official requirements to eliminate violations of the law.

Although mandatory, they do not have the force of a judicial decision. In fact, officials are not responsible for ignoring them. Among the functions of the state housing inspection is the protection of the rights of citizens, including by filing a claim in court. And an unfulfilled order is grounds for filing a lawsuit. In case of non-compliance with the court decision, bailiffs and other authorities begin to deal with the problem.

Refusal or evasion of execution of a court decision by an official of an organization, regardless of the form of ownership, entails liability in accordance with the Criminal Code.

How to file a complaint with the housing inspector in person

Citizens and representatives of organizations can make an appointment with the deputy heads of the Moscow Housing Inspectorate (MZHI).

Important! Recording is possible only if the issue has not been resolved at the level of inspections included in the structure of the Ministry of Housing.

Reception schedule:

1. First Deputy - Bolotov Igor Ivanovich - 3rd Wednesday of the month from 10:00 to 12:00.
2. First Deputy - Khonyaev Sanji Nikolaevich - 3rd Wednesday of the month from 14:00 to 17:00.
3. Deputies:

• Ivantsov Eduard Valerievich – 1st Wednesday of the month – from 8:30 to 11:30, 2nd Wednesday of the month – from 8:30 to 11:30, 3rd Wednesday of the month – from 8:30 to 10:00, 4th Wednesday of the month – from 8:30 to 11:30;
• Grodinskaya Victoria Anatolyevna - 4th Wednesday of the month - from 14:00 to 17:00, 2nd Thursday of the month from 13:30 to 15:00;
• Revin Nikolay Alexandrovich - 2nd Wednesday of the month - from 14:00 to 17:00;
• Nashansky Alexey Georgievich (reception on contract service issues) – 4th Thursday of the month from 13:00 to 15:00.

Heads of residential buildings for administrative districts conduct personal receptions according to the following schedule:

Prosecution

Having received information about violations from other persons or having identified them during an inspection, an authorized service employee is obliged to draw up a protocol and take measures to collect evidence.

The collected materials are transferred to the official who reviews them, and a decision is made. This is usually done by the head of the department or another employee who has received the appropriate instructions.

What types of inspections does the law provide for within the framework of the Civil Life Inspection?

The types of inspections are established by Federal Law No. 294-FZ of December 26, 2008 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (hereinafter referred to as Law No. 294-FZ). Checks can be:

• planned,
• unscheduled,
• preliminary.

Scheduled inspections are carried out no more than once every three years (Part 2 of Article 9 of Law No. 294-FZ). They are based on annual plans that are developed and approved by the bodies of the State Housing Authority in accordance with their powers.

Important!

When conducting an inspection, regulatory authorities do not have legal grounds to check the activities of an organization on one issue in the same period. Otherwise, the results of such an audit will not serve as evidence of a violation by a legal entity of legal requirements. This follows from the provisions of paragraph 5 of Art. 3 of Law No. 294-FZ, and is also confirmed by the decision of the Seventeenth Arbitration Court of Appeal dated December 10, 2009 No. 17AP-11139/2009-AK in case No. A60-40411/2009.

The inspection is included in the annual plan if three years have passed from the date when (Part 8 of Article 9 of Law No. 294-FZ):

• registered a legal entity;
• the last scheduled inspection of the legal entity has ended;
• the legal entity began to conduct business activities.

An unscheduled inspection is carried out if at least one of four situations occurs:

1) the period during which it was necessary to comply with the order to eliminate identified violations of mandatory requirements has expired;

2) the State Housing Authority or municipal housing control body has received an application to provide legal status, a special permit (license) to carry out certain types of activities, if the conduct of the corresponding unscheduled inspection provides for the rules for granting such status, license or permit;

3) the head of the state housing inspection issued an order or instruction on behalf of the President of the Russian Federation or the Government of the Russian Federation;

4) An official of the civil society body sent a reasoned submission in writing to the head or deputy head of such body based on the results of:

• analysis of the results of control activities without interaction with legal entities and individual entrepreneurs;
• consideration or preliminary verification of applications received by the State Housing Inspectorate.

These grounds are established by Part 2 of Art. 10 of Law No. 294-FZ.

Also, the basis for an unscheduled inspection may be the receipt of requests and statements (from citizens, individual entrepreneurs, legal entities) or information (from government bodies or local self-government) about the facts (Part 4.2 of Article 20 of the Housing Code of the Russian Federation):

• violation of the requirements for the procedure for creating HOAs, residential complexes, housing cooperatives, the charter of the HOAs, residential complexes, housing cooperatives and the procedure for making changes to it;
• violation of the requirements for the procedure for the owners of premises in an apartment building to make a decision on choosing a management entity in order to conclude an agreement with it for the management of an apartment building, on concluding with the owner an agreement for the provision of services and (or) performing work on the maintenance and repair of common property in an apartment building, on concluding with those specified in paragraph 1 tbsp. 164 of the Housing Code of the Russian Federation by persons of contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in apartment buildings, the procedure for approving the terms of these contracts and their conclusion;
• violation of the requirements for the procedure for maintaining and routine repairs of common property of owners of premises in apartment buildings;
• violation of obligations stipulated by the terms of the apartment management agreement;
• violations in the application of limit (maximum) indices for changing the amount of payments made by citizens for utility services;
• unreasonableness of the size of the established standard for the consumption of utility resources (utilities), violation of the requirements for the composition of standards for the consumption of utility resources (utilities), non-compliance with the conditions and methods for establishing standards for the consumption of utility resources (utilities);
• violation by landlords of residential premises in rental houses for social use of mandatory requirements for landlords and tenants of residential premises in such houses, for the conclusion and execution of rental agreements.

Such requests can be received, among other things, with the help of the GIS Housing and Communal Services, and an unscheduled inspection on their basis is carried out without coordination with the prosecutor's office and without prior notification of the inspected organization about the inspection.

Scheduled and unscheduled inspections are carried out in the form of a documentary or on-site inspection. The duration of each of them cannot exceed 20 working days (Article 13 of Law No. 294-FZ).

Question

Do state housing inspectorates have the right to conduct inspections based on complaints from tenants of residential premises?

Yes, you have the right.

The legislation does not limit the circle of persons who have the right to submit an application for an inspection within the framework of the State Property Registration Code. This follows, among other things, from Part 4.2 of Art. 20 Housing Code of the Russian Federation.

A preliminary check can be carried out if the Civil Life Regulatory Authority does not have:

• reliable information about the person who violated the mandatory requirements;
• sufficient data on violation of mandatory requirements or facts that may serve as grounds for an unscheduled inspection.

During the preliminary inspection, the bodies of the State Housing Inspectorate:

• request additional information and materials (including orally) from persons who sent applications and appeals and provided information;
• review documents of a legal entity or individual entrepreneur at the disposal of the State Housing Registration Authority;
• if necessary, carry out control measures without interaction with legal entities, entrepreneurs and without imposing on them the obligation to provide information and fulfill the requirements of the civil society authority.

The inspector can only request clarification on the information received. Inspected organizations are not required to provide such explanations and other documents.

Violations identified during a preliminary inspection may serve as grounds for an unscheduled inspection. This is provided for in Parts 3.2 and 3.3 of Art. 10 of Law No. 294-FZ.

What problems can GZHI solve?

The range of issues that may serve as a reason for contacting the State Housing Inspectorate is extensive. Here are some of them:

1. The inspectorate deals with complaints about improper use of housing. For example, your neighbor in the stairwell loves cats very much and has 30 of them. Unpleasant odors have spread throughout the house and are poisoning your life. There is no need to panic, you just need to contact the State Housing Property Inspectorate with a statement about the improper use of housing.
2. Question about installing the necessary structures in the house and in the surrounding area. Let's assume that every month you pay 300 rubles for garbage removal. But in fact, for six months now, the garbage has not been removed, but is simply stored in the garbage chute, creating terrible unsanitary conditions. All calls and requests to the management company of your house have not been successful, so feel free to write to the housing and communal services inspectorate a statement about the maintenance of the house in poor condition.
3. The third problem is unclear amounts in receipts for payment of housing services. Let's say you live in a house where there is no elevator, but you receive a bill every month to pay for it. The situation seems absurd, but it happens all the time. Feel free to contact the State Housing Inspectorate and resolve this issue.
4. Often, tariffs for utility services exceed all reasonable amounts and seem to be taken out of the blue. In this situation, you should also contact the inspectorate, which is obliged to check the establishment of tariffs and eliminate violations, if they really exist.

GZHI will help you solve these and many other problems. You just need to contact the inspectorate with a reasoned statement.