Why do we need a new regulation on regional state housing supervision?
During the days when a conference on control and supervisory activities in the housing and communal services sector was held in St. Petersburg with the support of the Ministry of Construction of Russia, the department posted on the regulatory legal acts project portal the text of the regulation on the rules for conducting regional state housing supervision (ID 02/07/08-21/00119585).
The development of such a document is a requirement of the new regulatory legal acts: Federal Law dated July 31, 2020 No. 248-FZ and Federal Law dated June 11, 2021 No. 170-FZ. It was No. 170-FZ that introduced such a rule into Part 3 of Art. 20 Housing Code of the Russian Federation. When the new regulation “On general requirements for the organization and implementation of regional state housing supervision” is approved, Decree of the Government of the Russian Federation dated June 11, 2013 No. 493 “On state housing supervision” will no longer be in force.
The new provision differs significantly from the current edition of the RF PP No. 493. The draft specifies in more detail the powers of the State Housing Inspectorate bodies, the grounds and procedure for organizing and conducting scheduled and unscheduled inspections, and the method of conducting them. The document also introduces new requirements for the State Housing Inspectorate bodies, including the posting of information on the department’s website. We are reviewing a document that directly relates to the work of house managers.
What will change from July 1, 2021 in the field of supervision over the work of management and homeowners associations
Who checks whom within the framework of state housing supervision
Activities related to regional state housing supervision can be carried out by the head of the State Housing Supervision body or his deputy, as well as an authorized employee - an inspector (clause 3 of the project). They have the right to inspect legal entities, individual entrepreneurs and citizens who are required to comply with mandatory requirements for their activities.
The requirements are established by housing legislation, as well as legal regulations in the field of energy saving and increasing energy efficiency in relation to the entire housing stock, except for municipal ones (paragraph 2, paragraph 4 of the project). Also, within the framework of housing supervision, the work of regional and municipal authorities is checked (paragraph 3, paragraph 4 of the project).
Main functions
The main thing for which the housing inspection was created is:
- exercising control over the maintenance, repair, and proper use of buildings that make up the housing stock;
- study of the state of the housing stock and analysis of the results obtained;
- work to improve the quality of housing in the country.
In addition to these basic functions, the housing inspection performs a number of other purposes:
- is responsible for carrying out work related to the use of municipal equipment;
- controls the validity of established standards for the consumption of utility services;
- provides oversight for more economical use of resources;
- provides information services to residents;
- monitors compliance with the rules in the process of assessing housing: is it suitable for further residence or should it be recognized as non-residential.
Thus, the Housing Housing Authority is called upon to ensure compliance with all legislative acts that regulate housing relations. In addition, she ensures that laws on energy conservation and modernization are implemented.
It is the housing inspection that controls the creation of capital repair funds, as well as the legal formation of management companies (MCs), homeowners' associations (HOA) and housing cooperatives. However, it does not have the right to interfere in the financial and economic activities of all the above mentioned associations.
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What and by what methods do the GZHN bodies check?
The task of control measures is to prevent, identify and suppress violations of mandatory requirements (clause 9 of the project). In clauses 5 and 6 of the draft, the Ministry of Construction of Russia prescribed what is the subject of the control and supervisory activities of the GZHN bodies. Thus, inspectors check legal entities, individual entrepreneurs and citizens for compliance with the following requirements:
- to the use and safety of residential premises, common property of owners in apartment buildings;
- to the transfer of residential premises to non-residential premises and vice versa, to their redevelopment, reconstruction;
- to the formation of capital repair funds;
- to the creation and operation of organizations by house managers;
- to the provision of utility services to consumers;
- to the procedure for changing the amount of payment in the event of poor-quality provision of services and performance of work on the management, maintenance and repair of common property;
- to the procedure for indexing the amount of payment for residential premises;
- to the procedure for limiting public services;
- to energy efficiency and equipping of house premises with metering devices;
- to the procedure for placement of mandatory information by RSO, MA, HOA, and cooperatives in the GIS Housing and Communal Services;
- to ensure accessibility for disabled people in apartment buildings.
The subject of inspections by the authorities is their compliance with the requirements for the maintenance of apartment buildings, determining the amount of payment for residential premises in houses without a management system and the approved tariff. Also, the GZHN body monitors how departments comply with the requirements of legal acts regarding the placement of information in the Housing and Communal Services GIS.
Clause 10 of the draft regulation spells out how the Civil Housing Authority body combats violations of mandatory requirements. The agency is engaged in their prevention and conducts inspections. It detects violations and requires violators to eliminate their consequences, and collects for analysis information about the compliance of the persons being inspected with the norms of legal acts.
Requirements of legal acts on pre-trial appeal of decisions of supervisory authorities
Who does the state housing inspection report to? What issues does the housing inspection solve?
The State Housing Inspectorate (GZHI) is a Russian executive body whose responsibility is to control the country’s housing stock. In each subject of the federation there is a local council, acting in accordance with the constitution of the country.
GZHI monitors compliance with housing legislation, as well as the implementation of laws on energy saving and modernization. The housing inspectorate also oversees compliance with the requirements for the use and preservation of the housing stock, and the rules for the formation of capital repair funds. Moreover, representatives of the organization can check a fairly wide range of organizations for legality. The housing inspection can also hold citizens accountable.
The housing inspection must monitor the legality of the creation of management companies, homeowners' associations and housing cooperatives. Supervises the provision of utility services and charging for them. Verifies that utility users are provided with all necessary information.
At the same time, what is important, GZHI does not have the right to interfere and conduct inspections of the financial and economic activities of management companies, homeowners' associations, housing cooperatives.
Reasons for complaints
You can contact the housing inspection for the following reasons:
Violation of rules for maintenance and repair, standards for providing utilities. The list of violations may include a wide variety of reasons - from a broken light bulb in the entrance, to mold on the walls and a non-working elevator. You can also complain to the inspection about the insufficient temperature of hot water, heating, damaged railings and the fact that the entrance is not washed or cleaned, and for other reasons - if the management company or the HOA does not want to solve all these problems;
Installation of utility metering devices;
Determining the amount and payment for utility services (if you think that the tariff is unreasonably inflated or the payment was calculated incorrectly);
Concluding contracts for the provision of utility services;
Providing the management company, homeowners association or housing cooperative with the necessary information to consumers;
Improper use and maintenance of residential premises;
Issues of management of apartment buildings.
Who can you complain about?
You can complain to the housing inspection about management organizations, homeowners associations and other legal entities that provide management services for apartment buildings and provide utilities.
Punishment
If violations are identified during the inspection, the housing inspectorate issues an order to eliminate them. If an administrative violation is detected, a protocol is drawn up and measures are taken to eliminate the violations. In case of failure to comply with the instructions, the violator faces serious fines and even professional disqualification. The punishment may also be criminal. At the very least, the inspector can forward the materials to law enforcement agencies to initiate criminal proceedings. The inspector can also go to court to protect the rights of owners and tenants of premises in apartment buildings.
Licensing of management companies
A licensing commission is created on the basis of the housing inspection. She takes exams for heads of management organizations. At the same time, their professional knowledge is tested. Then the management company is checked for compliance with licensing requirements. If everything turns out to be in order, the organization is issued a license. The housing inspectorate must monitor the quality of management of apartment buildings. For violations, the house can be excluded from the register of licenses, that is, taken away from an unscrupulous management organization. If the number of excluded buildings increases, then the management company is deprived of its license to manage apartment buildings.
Position
on the state housing inspection of the city of Moscow
(as amended December 18, 2001, August 19, 2003)
1. General Provisions
1.1. The State Housing Inspectorate of the City of Moscow (hereinafter referred to as Moszhilinspektsiya) is a functional executive body of the city of Moscow for state control over the procedure for the intended use and technical operation of housing.
1.2. The Moscow Housing Inspectorate in its activities is guided by the Constitution of the Russian Federation, the current legislation of the Russian Federation, other regulatory legal acts of the President and Government of the Russian Federation and the city of Moscow, as well as these Regulations.
1.3. The Moscow Housing Inspectorate is part of the Municipal Services Complex of the Moscow Government as an independent body. The activities of the Moscow Housing Inspectorate are coordinated by the First Deputy Mayor of Moscow in the Moscow Government, who heads the Municipal Services Complex of the Moscow Government.
1.4. Moszhilinspektsiya carries out its activities in cooperation with the Main State Housing Inspectorate in the Russian Federation, the Department of Housing and Communal Services of the City of Moscow, the Department of Fuel and Energy Economy of the City of Moscow and other executive authorities of the city of Moscow and local government bodies, inspection bodies, as well as public associations and citizens.
1.5. Employees of the Moscow Housing Inspectorate holding public positions in the Moscow civil service are civil servants of the city of Moscow, they are subject to guarantees of legal and social protection of civil servants of the civil service of the city of Moscow, established by federal laws and laws of the city of Moscow on civil service.
1.6. The Moscow Housing Inspectorate is a legal entity, has forms and a seal with its name and the image of the coat of arms of Moscow, stamps, an independent balance sheet, separate property, bank accounts and treasury authorities.
1.7. The full name of the Moscow Housing Inspectorate is the State Housing Inspectorate of the City of Moscow. Short name: Moszhilinspektsiya.
1.8. The legal address of the Moscow Housing Inspectorate is 129090, Moscow, Mira Avenue, 19.
2. Tasks and functions
2.1. The main task of the Moscow Housing Inspectorate is to implement the policy of the Moscow Government on state control over the implementation of legislative and regulatory acts in the field of technical operation of residential buildings and premises, engineering equipment and networks, the targeted use of the housing stock, as well as ensuring the rights and legitimate interests of citizens in the provision of housing and utilities and timely and high-quality consideration of their requests and complaints.
2.2. In accordance with its assigned tasks, the Moscow Housing Inspectorate performs the following functions:
2.2.1. Controls:
Compliance with the procedure for the use, maintenance, operation and repair of residential buildings, premises in them, individual residential premises, engineering equipment and networks, as well as adjacent areas; the procedure for providing housing and communal services; compliance with the operating modes of utility networks and other equipment;
Compliance with the procedure for acceptance into operation (newly built and repaired) of intra-house gas supply systems, chimneys and ventilation in gasified residential buildings and premises in them, in individual residential premises, as well as during gas-hazardous work;
Compliance with the procedure and rules for recognizing residential buildings and premises as unsuitable for permanent residence and transferring them to non-residential;
Providing housing and communal services for the population.
2.2.2. Organizes a survey of the technical condition of residential buildings, develops an automated information and analytical system for monitoring the technical condition of the housing stock of Moscow and provides the Moscow Government and other authorities with analytical information on the results of the survey and proposals for ensuring the safety of residential buildings.
2.2.3. Organizes and conducts diagnostics of structures and engineering equipment of residential buildings (including gas) using instrumental methods for monitoring their technical condition.
2.2.4. Organizes the work of technological transport and a base of mobile laboratories to perform the main functions of the Moscow Housing Inspectorate.
2.2.5. Summarizes and analyzes the results of inspections of the quality of technical operation and prepares, on their basis, proposals to the Moscow Government on the volume and priority of repair work in the housing stock.
2.2.6. Provides control over the implementation of decisions and instructions to eliminate identified violations, applies administrative sanctions in accordance with the powers granted.
2.2.7. Summarizes and analyzes data based on the results of inspection surveys, issued orders, administrative sanctions using modern information technologies.
2.2.8. Participates in the development of draft laws of the city of Moscow and other regulatory legal acts in the field of use and technical operation of housing.
2.2.9. Explains the policy of the Moscow Government in the field of technical operation of housing and communal services, ensuring transparency in the work of the Moscow Housing Inspectorate, cooperation with the media (print, radio, television).
2.2.10. Considers submitted for approval: applications for reconstruction (redevelopment and re-equipment) of residential buildings and residential premises; design and estimate documentation for installation of gas equipment in residential buildings, premises in them, and individual residential premises.
2.2.11. Checks gas equipment and devices used in indoor gas supply systems for compliance with the norms and regulations in force in the gas industry, as well as the availability of certificates of conformity for such devices.
2.2.12. Provides accounting and control of organizations and entrepreneurs without forming a legal entity that carry out design, installation, maintenance and repair of in-house gas supply systems, chimneys and ventilation, as well as training and certification of relevant specialists.
2.2.13. Considers appeals and complaints from citizens within the established time frame and takes the necessary measures to resolve and implement them.
2.2.14. Ensures the activities of the City Housing and Conflict Commission.
3. Authority
To perform the assigned functions, the Moscow Housing Inspectorate is vested with the following powers:
3.1. In cases established by law, and in the manner prescribed by it, freely inspect residential buildings, premises in them, individual residential premises, and related housing and communal services facilities in accordance with the tasks provided for by these Regulations.
3.2. In cases established by law, request and receive from persons providing the use and technical operation of controlled facilities, technical documents, contracts, agreements, written and oral explanations, statutory documents and other information necessary to perform control and analytical work.
3.3. Request and receive from executive authorities and local governments the information necessary to conduct inspections.
3.4. Involve, on a contractual basis, qualified specialists and experts from other organizations in the inspection of the technical condition of residential buildings and housing and communal services facilities, the examination of technical documentation and the preparation of legislative and regulatory acts and proposals.
3.5. In cases established by law, issue mandatory orders to organizations, entrepreneurs without the formation of a legal entity, officials and persons equal to them under the law, as well as citizens to eliminate violations.
3.6. Make and execute decisions on the application, in accordance with the procedure established by law, of financial sanctions and the collection of fines for violations of the procedure for the use and technical operation of housing and related housing and communal services facilities identified as a result of inspections.
3.7. Represent, in the prescribed manner, on your own behalf, the interests of the city of Moscow in courts, arbitration courts, government bodies, and other organizations.
3.8. Seek assistance from internal affairs officers; request expert opinions in order to ensure control over the implementation of measures prescribed by officials of public authorities of the city of Moscow, as well as in order to assess the nature and circumstances of the offense committed.
3.9. Participate in resolving issues regarding the unsuitability of houses and premises for habitation.
3.10. Participate in investigations of accidents and other incidents with gas equipment and appliances installed in gasified residential buildings and premises.
3.11. Extend the deadline for fulfilling the order in accordance with the established procedure.
3.12. Provide explanations on the procedure for carrying out inspections of controlled objects in the city of Moscow, providing housing and communal services, and also approve the forms of official documents necessary for its implementation.
3.13. Submit, in accordance with the established procedure, to the Moscow Government and the Mayor of Moscow proposals for the repeal of regulatory legal acts and other decisions of executive authorities of the city of Moscow that contradict current legislation.
3.14. Within the limits of their competence, carry out, in the prescribed manner, educational, consulting and methodological work aimed at the prevention and prevention of crime.
3.15. Conclude agreements for the provision of consulting services and examination on the technical operation of housing, utility networks and other equipment for housing and communal services.
3.16. Act in accordance with the established procedure as the founder of technical, expert and training centers, as well as other services for the provision of consulting and technical services for the inspection of residential buildings, premises in them, individual residential premises, utility networks and other equipment.
3.17. Carry out interregional and international cooperation in the field of operation and management of housing.
3.18. Exercise, within the limits of their competence, other powers established by federal laws and laws of the city of Moscow, legal acts of the Moscow Mayor and the Moscow Government.
4. Structure, management of the Moscow Housing Inspectorate
4.1. The Moscow Housing Inspectorate includes housing inspections for administrative districts, specialized inspections, departments for the implementation of city programs and projects, a scientific and methodological unit, a base of mobile laboratories, operating on the basis of regulations approved by the head of the Moscow Housing Inspectorate.
The Moscow Housing Inspectorate operates a City Housing and Conflict Commission, which considers controversial issues regarding the application of penalties, the deadlines for eliminating identified violations of current technical standards for the use, maintenance and operation of the housing stock.
4.2. The Moscow Housing Inspectorate is headed by the Chief State Housing Inspectorate of the city of Moscow, who is appointed and dismissed by the Moscow Government in agreement with the Main State Housing Inspectorate in the Russian Federation.
The head of the Moscow Housing Inspectorate has deputies, whose appointment and dismissal are made by the Moscow Government on the recommendation of the head of the Moscow Housing Inspectorate.
The heads of housing inspections of administrative districts are appointed to the position by the head of the Moscow Housing Inspectorate in agreement with the prefects of the administrative districts.
4.3. Employees of the Moscow Housing Inspectorate holding public positions in the civil service of the city of Moscow are civil servants of the city of Moscow, they are subject to the legislation on civil service and labor legislation with the features provided for by the legislation on civil service; they enjoy the right to wear uniforms.
4.4. To perform certain functions, employment contracts may be concluded with other employees who are not civil servants of the city of Moscow.
4.5. Head of the Moscow Housing Inspectorate:
4.5.1. Exercises rights and fulfills duties arising from the tasks facing the Moscow Housing Inspectorate.
4.5.2. Manages the activities of the Moscow Housing Inspectorate on the basis of unity of command, is responsible for the implementation of the tasks assigned to the Moscow Housing Inspectorate and compliance with the norms of current legislation.
4.5.3. Organizes the work of the Moscow Housing Inspectorate, selection and placement of personnel, makes decisions on the promotion and disciplinary liability of Moscow Housing Inspectorate employees.
4.5.4. Manages, in accordance with the established procedure, funds and property assigned to the Moscow Housing Inspectorate.
4.5.5. Issues orders and instructions within its competence.
4.5.6. Approves job descriptions for employees of the Moscow Housing Inspectorate.
4.5.7. Approves the regulations of the structural divisions of the Moscow Housing Inspectorate.
4.5.8. Represents the Moscow Housing Inspectorate without a power of attorney in all state, judicial bodies, other institutions, organizations and enterprises, concludes agreements in the prescribed manner, issues powers of attorney.
4.5.9. Approves the structure and staffing of the Moscow Housing Inspectorate within the established wage fund, establishes bonuses to official salaries, approves the Regulations on material incentives for Moscow Housing Inspectorate employees, the procedure for making and wearing uniforms.
4.5.10. In accordance with the procedure established by law, resolves issues related to public service in the Moscow Housing Inspectorate, including: the formation of a personnel reserve, selection, placement, retraining and advanced training of personnel, certification, assignment of class ranks.
4.5.11. Cancels illegal and unfounded decisions of subordinate officials.
4.5.12. Exercises other powers in accordance with regulatory legal acts of the Russian Federation and the city of Moscow.
4.6. The recruitment of specialists to the Moscow Housing Inspectorate is carried out in accordance with current legislation. The specific responsibilities of specialists are established by job descriptions.
4.7. Officials authorized to carry out control:
4.7.1. Deputy heads of the Moscow Housing Inspectorate, heads of inspection structural units, and employees of the Moscow Housing Inspectorate, in accordance with their official responsibilities, are inspectors of the State Housing Inspectorate of the city of Moscow.
4.7.2. An inspector of the State Housing Inspectorate of the city of Moscow is an authorized official who, by order of the head of the Moscow Housing Inspectorate, has the right to carry out inspection control within the framework provided for by these Regulations, issue mandatory orders and draw up protocols on administrative violations. The head of the Moscow Housing Inspectorate receives the powers of the Chief State Housing Inspector of Moscow ex officio.
4.7.3. An inspector of the State Housing Inspectorate of the city of Moscow, while performing official duties provided for by these Regulations, has the right, in the manner prescribed by law:
Inspect controlled objects;
Draw up a notification to the state control body with a list of necessary documents, which must be submitted to the state control body for inspection within the prescribed period;
Give binding instructions;
Draw up protocols on administrative violations;
Contact law enforcement agencies for assistance in conducting an inspection.
4.8. The actions and decisions of officials of the Moscow Housing Inspectorate in the performance of their official duties may be appealed to the management of the Moscow Housing Inspectorate, to higher authorities or in court.
5. Property and financing
5.1. To carry out the tasks and functions provided for by these Regulations, the Moscow Housing Inspectorate is provided with the necessary premises, communications, technological transport, technical means for diagnosing and monitoring the condition of structures and engineering equipment, and other material and technical resources that ensure the implementation of the tasks being performed.
5.2. The Moscow Housing Inspectorate is financed from the budget of the city of Moscow under the section “Public Administration and Local Self-Government” and other permitted sources.
5.3. The property of the Moscow Housing Inspectorate is owned by the city of Moscow and is assigned to the Moscow Housing Inspectorate with the right of operational management.
5.4. The Moscow Housing Inspectorate owns and uses property belonging to it in the manner established by the Civil Code of the Russian Federation and legal acts of the city of Moscow.
6. Change of Regulations, reorganization and liquidation of the Moscow Housing Inspectorate
6.1. Changes and additions to these Regulations are made by decree of the Moscow Government in the prescribed manner.
6.2. Termination of the activities of the Moscow Housing Inspectorate is carried out in the form of liquidation or reorganization by decree of the Moscow Government in agreement with the Main State Housing Inspectorate of the Russian Federation.
6.3. When the Moscow Housing Inspectorate is reorganized, all its documents are transferred to the legal successor.
6.4. When the Moscow Housing Inspectorate is liquidated, its archives in an orderly state are transferred to the Moscow City Association of Archives in the prescribed manner.
What are preventive measures?
In Section III of the draft regulations, the Ministry of Construction of Russia prescribed the principles of work to prevent violations. In paragraph 18, preventive measures include informing an indefinite circle of people and summarizing the law enforcement practice of civil society bodies, as well as:
- Announcing a warning in accordance with Art. 49 No. 248-FZ (clause 23 of the project).
If the object of control does not agree with the warning received, he has the right to file an objection with the department within 15 working days after receiving it. In it you need to indicate the name of the legal entity, individual entrepreneur or citizen’s data, TIN, as well as the date and number of the document received from the State Housing Registration Authority.
The objection should justify your position regarding the content of the warning. The objection can be sent by mail or electronically. From the moment it is received, the State Housing Authority has 20 working days to respond.
- Consultation according to Art. 50 No. 248-FZ (clause 24 of the project).
Inspectors and heads of the State Housing Inspectorate body advise legal entities and individuals, entrepreneurs by telephone, via videoconferencing, at a personal reception, as well as during a preventive or control visit. The range of issues for consultation is specified in clause 25 of the draft: the procedure for conducting state supervision and preventive measures, mandatory requirements established by legal regulations.
- Preventive visit in accordance with Art. 52 No. 248-FZ (clause 27 of the draft).
Essentially, this is a conversation between the inspector and the person being inspected via videoconferencing or on the spot, “visiting” the object of supervision. Preventative visits are mandatory for persons classified as extremely high risk and for persons taking over the management of the home. The duration of such a visit should not exceed one working day.
What types of inspections are there and by what methods are they carried out?
Section IV describes the principles of organizing and conducting inspections. As now, they can be scheduled or unscheduled, while in relation to residential premises the State Housing Inspectorate body does not have the right to conduct scheduled inspections (clause 28 of the draft).
The agency can check controlled persons without interacting with them or contacting the person being checked. According to paragraph 29 of the project, “in interaction” methods include meetings, telephone and other conversations between the inspector and the person, requests for documents, and a visit by the inspector to the place of activity of the person being controlled. This may be an inspection visit, documentary or on-site inspection.
Without interaction, the GZHN body conducts monitoring of compliance with mandatory requirements and an on-site inspection. Also, supervisory activities may consist of inspection, questioning, receiving written explanations, and instrumental examination of the housing stock (clause 30 of the project).
To conduct inspections based on complaints from individuals and departments, the State Housing Inspectorate bodies are required to approve indicators of the risk of violations of mandatory requirements. Standard indicators of the risk of violation of mandatory requirements are established by the Ministry of Construction of the Russian Federation (clause 33 of the project).
If the State Housing Supervision Authority receives a complaint about violations in the municipal housing stock, the agency must redirect it to the appropriate authority within seven days from the receipt of the letter (clause 34 of the draft).
What are indicators of the risk of violations, and do the civil society authorities use them?
In what time frame must the civil society body respond to a pre-trial complaint against its actions?
According to paragraph 38 of the draft, in relation to state housing supervision, a mandatory pre-trial procedure for considering complaints is applied, which is established by Chapter. 9 No. 248-FZ. In accordance with paragraph 41 of the draft regulations, the State Housing Authority body must consider a complaint received against its actions within 20 working days from the date of its registration.
From the editor: the draft regulations do not specify the requirements and procedure for appealing actions or decisions of the State Housing Supervision Authority. They are described in detail in Chap. 9 No. 248-FZ:
- A legal entity or individual entrepreneur is required to file a pre-trial complaint with the supervisory authority electronically through State Services or similar regional portals (Part 1 of Article 40 No. 248-FZ).
- The deadline for filing a complaint against the actions or inaction of the supervisory agency is thirty calendar days from the day the person learned or should have learned about a violation of his rights (Part 5 of Article 40 No. 248-FZ).
- If a person disputes the order received, then the deadline for filing a complaint will be ten working days from the date of receipt (Part 6 of Article 40 No. 248-FZ).
The supervisory authority has eight grounds for refusing to consider a pre-trial complaint.
Where to go if it doesn't work
All complaints sent to the inspectorate must receive a response within no more than 30 days.
This could be either a refusal to consider a complaint or a decision to inspect the management company or HOA. But what to do if the housing inspection is inactive? Who does she report to and, accordingly, where should she send her complaints about the Civil Housing Inspectorate?
If we are talking about the inaction of the district inspection, then the regional inspection will be the main one over it. The regional housing estate is controlled by the Main State Housing Inspectorate of the Russian Federation.
But the most effective way will be to file a claim in court, and then to the prosecutor’s office. Useful tips:
- In the event that the management company does not want to respond to the complaints of the residents of the house about the temperature of hot water or heating, does not want to repair a faulty elevator or broken railings, it is worth contacting the GZHI.
- When doubts arise about whether the management company or HOA is inflating prices for utility services, or whether the question of the correctness of payment calculations is tormented, it is worth consulting on these issues with the housing inspectorate.
- When contacting the housing inspectorate, you should pay special attention to the completion of the initial application. If, while stating the essence of your appeal, you do not indicate your data (full name, address and telephone number), then the inspection may not respond to your application. The absence of your personal data will be considered a violation of the document submission procedure.
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To summarize, I would like to say that the GZHI has very serious rights, but it also has responsibilities. The Housing Inspectorate is authorized to resolve important issues arising regarding the housing stock of Russia.
Of course, the requirements that the State Housing Authority puts forward, it is obliged to explain and prove the need for their fulfillment. Like employees of other executive authorities, if they have an irresponsible and negligent attitude towards the matter, employees of the State Housing Inspectorate may incur both disciplinary and criminal liability for their activities.
How the housing inspection works, see the answer to this question in the following video:
