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).
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Heating claim
How many degrees should there be in an apartment, office and entrance?
The temperature in apartments should be no less than 18–20 degrees Celsius, in offices - no lower than 20, and in school classrooms - no less than 18. In the premises of kindergarten groups, thermometers should not fall below 22 degrees, in bedrooms - below 19 degrees . There are also rules for entrances. During the heating season it should not be below 16 degrees.
Measurements will be more accurate if you follow a number of simple rules. First of all, you should close all windows and doors, and keep the thermometer a meter from the floor in the center of the room. You should also make sure that you are at least half a meter from the battery and the outer wall.
Large-scale insulation
In situations where the root of the problem does not lie in the batteries, or the apartment owner does not have the opportunity to urgently change them, you can use improvised means for insulation.
For example, a noticeable difference will be felt immediately after installing plastic double-glazed windows, which reduce the flow of cold air from the street into the room. As you know, from 25% to 50% of heat is lost through windows and balcony doors. A more economical option is to insulate windows with sealants and sealants, for example, foam rubber. You can also place a special foil screen between the radiator and the wall so that the heat does not go into the wall, but is repelled from the screen into the room. In addition, you should make sure that the batteries are not obscured by furniture or other obstacles. For more serious insulation of an apartment, there are more significant methods, such as tearing off wallpaper, along with whitewashing and plaster. In this form, you can see all the cracks in the walls that need to be treated with sealant, polyurethane foam or plaster. The joints of window sills are also insulated with sealants and foam plastic or mineral wool. Such measures will not only help preserve heat, but will also significantly reduce the noise level from the street. Of course, this will take much longer and require significant financial costs. However, the result is obvious.
Where can I complain about heating in apartments?
If the heating is poor, the radiators in the apartment heat poorly, and the entrance is so cool that steam comes out of your mouth, you should contact the dispatch service of your area or the management company. Specialists must check and repair communications on the same day.
If the problem could not be solved or your call went unanswered, then you can report the poor performance of the heating systems to the Moscow Department of Housing and Communal Services. Operators of the Department's unified dispatch service accept requests for accidents, complaints and comments regarding the operation of heating systems around the clock by phone: +. In addition, Muscovites can use the department’s electronic reception desk.
Another option is to call MOEK. Messages about problems with heating in the apartment, accidents, steam release and other problems in the heating and water supply system are accepted around the clock by phone: +.
You can express dissatisfaction with the work of the management company through the electronic reception of the Moscow Housing Inspectorate or personally to the head of the territorial unit. In a written statement, you must briefly describe the essence of the issue and attach copies of appeals to the management company and other authorities.
You can also file a complaint using the Moscow State Services mobile application or on the Our City in the Apartment Buildings section. In the latter case, the answer will come within eight days.
In what cases is a claim made?
Measuring the heating temperature of a radiator using a thermal imager
The procedure for providing heat supply is described in detail in an agreement drawn up between the resident of the house and the organization responsible for this - housing and communal services, management company, etc. In case of non-compliance with its points, a heating claim report is first drawn up. It includes clauses of the contract that are violated by the responsible party.
However, even before signing the document, you need to familiarize yourself with the compliance of its contents with current standards. The main one is Law No. 354 of the Government of the Russian Federation. Therefore, before writing a complaint to the residential complex for heating, you need to decide which clauses of the contract and this law were violated:
- Uninterrupted maintenance of temperature in living rooms not lower than +18°C, in corner rooms +20°C;
- Permissible temperature deviation ±4°С at night. During the day from 5:00 to 00:00 – no more than ±3°С;
- Pressure deviation in the heating system is not allowed.
Additionally, you need to familiarize yourself with the emergency response procedure. Each sample heating claim must include a link to the relevant clause of the contract. It describes actions in the event of breaks or failure of system elements - radiators, pipes, shut-off valves, etc.
Before filing a claim with the housing office for heating, you should contact the responsible persons in this service. Their contact numbers are indicated in the contract, but you need to pay attention to the organization’s operating hours.
How to get a recalculation?
In case of constant interruptions in heat in apartments or on the landing, residents have the right to demand a recalculation. The cost of services should be reduced by 0.15 percent for each hour the permissible duration of a heating interruption is exceeded. The duration of emergency heating shutdowns during the cold season should not exceed 24 hours per month. A permissible one-time break at a temperature in the apartment from 12 to 18 degrees cannot last longer than 16 hours, at a temperature of 10–12 degrees - eight hours, and if the temperature in the apartment is 8-10 degrees, then four hours.
To record temperature deviations, you need to call the unified dispatch service of the Department of Housing and Communal Services. An employee of the management company will take measurements and draw up a report based on the results of the inspection.
The document must be submitted to or directly to the management company (if it independently makes calculations and accruals).
Heating payments are calculated based on the average monthly volumes of thermal energy consumption for the previous year. That is, accruals for the current year occur monthly in equal shares in the amount of one twelfth of the cost of the service consumed during the previous year. The heating fee is adjusted once a year. Volume reconciliation takes place in February of the year following the calculation year. Based on the results of this work, the amount of payments for the current year is adjusted in the first quarter.
Authorized bodies
If it was not possible to resolve the issue through the authorized organization that is responsible for heating in an apartment building, you can then complain to higher organizations and inspections.
| Name of authority | Notes |
| State Housing Inspectorate | Conducts repeated checks to establish the fact of low temperature and the cause of its occurrence |
| Rospotrebnadzor | Responsible for the protection of consumer rights. In addition to the application, you will need to send all documents indicating previous applications to other organizations, as well as evidence |
| Local government | The smaller the settlement and the workload of the responsible managers, the sooner the issue will be resolved and the violator will be brought to justice |
| Prosecutor's office | Law Enforcement and Civil Rights Officer. The most effective body, since it carries out the most stringent inspection of institutions against which complaints are received |
| Federal antimonopoly authority | Their task is to control the services provided |
| Mass media | After making public a problem in which government agencies are inactive, management will simply be forced to do something to resolve the conflict that has arisen |
| Judicial authority | The most stringent proceedings requiring mandatory consultation with experienced lawyers |
How to reduce heating bills?
In some new buildings in the capital, heating radiators are already equipped with individual meters. By adjusting the temperature, residents can reduce their heating bills.
This technique can be used everywhere. But the whole house needs to switch to heating using individual metering devices at the same time. The decision must be made at a general meeting of owners. If you installed meters without the consent of your neighbors, then you will not be able to transfer the readings to the management company. Even with the radiator turned off, the heat in the apartment will remain thanks to the heating risers. But the whole house will have to pay for it.
It is beneficial for owners to install individual meters only with a modern horizontal heating system, when the risers are located in the entrance, and two pipes are supplied to the apartments - direct and return. With vertical wiring, several heating risers are installed in the apartment at once. In this case, meters will have to be installed on each pipe, which will reduce all savings to nothing.
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Pre-trial dispute settlement
The first thing the management organization should do in such a situation is to follow the pre-trial procedure and send a claim to the owner of the premises in the apartment building demanding repayment of the debt.
The claim must contain not only the demand and the amount of debt. In addition, the management organization must:
- justify the legality of your claim;
- try to convey to the debtor that non-payment of invoices issued by the management organization aggravates his situation, since the law provides for the accrual of penalties for late payment (Part 14 of Article 155 of the Housing Code of the Russian Federation).
The debtor can react to the received demand in different ways: ignore it or write an angry objection, in which he will refer to the fact that there are no heating radiators in his premises, which means that he is not obliged to pay for this service.
We recommend that even at the stage of pre-trial settlement of the conflict, we invite the debtor to conduct a joint inspection of his premises with the management authority using special instruments to determine the temperature inside and draw up an appropriate report that the management authority can attach to the statement of claim as additional evidence.
If the owner agrees to the survey, measure the following parameters:
- outside air temperature;
- temperature of the outer wall adjacent to the room from the outside;
- indoor air temperature.
Additionally, other parameters can be included in the act. For example, are electric heaters installed and used in the room, are there other electrical appliances in the room that emit heat.
If it was not possible to resolve the conflict peacefully and the owner refuses to pay the amount accrued by the management organization, the payment for utility services will have to be recovered through the court.
Methods of working with debtors for housing and communal services
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How to avoid paying for excess heat?
It is more profitable to install an automated heating system control unit in your home. Such equipment itself monitors the temperature outside and, depending on it, selects the mode of supplying heat to the apartments. In this case, residents do not face a situation where it is already relatively warm outside, but the radiators are hot and the room is so hot that they have to open the windows.
The decision to install smart equipment can only be made by a meeting of apartment owners. They also choose the brand of equipment, installation time and cost of subsequent maintenance.
Complaint to the Management Company or Homeowners Association
A complaint is sent to the Criminal Code if the radiators are cold during the heating season.
The owner of the apartment can submit an application by phone. Within 24 hours, a technician or engineer should arrive from the utility service to take control temperature measurements. Based on the results of the survey, a report is drawn up in two copies. One of them is issued to the owner of the premises, the other is left with the utility service employee. If the temperature is below the established minimum, then representatives of the management company must take measures to correct the problem.
If the utility service is inactive, then a written statement is issued . It can be from one owner or from several residents of an apartment building. Collective complaints are considered first.
The document must contain the following information:
- name of the management company;
- information about the owner;
- data on the temperature conditions in the room, the timing of problems;
- demands to correct the situation.
The claim must indicate the timely payment of utility bills. The Management Company must send a written response to the complaint. If it contains a refusal to eliminate violations, the apartment owner has the right to appeal to a higher authority.
Complaint to Rospotrebnadzor
Before writing an application to Rospotrebnadzor, you need to make sure that the reason for poor heating is inadequate quality of service.
The government agency considers claims in accordance with Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”. The legislation does not establish a uniform template for a complaint to Rospotrebnadzor. The document is written to the head of the service in the region. The application must be written in a business style. It indicates the essence of the problem and the requirements for eliminating it.
Evidence of poor quality services may include:
- inspection reports;
- complaints to housing and communal services;
- written responses to complaints from utility services.
The official website of Rospotrebnadzor has a section for citizens to apply. If the complaint involves an unscheduled inspection, the user must log in through the ESIA. The period for consideration of the application is 5 days. In cases where additional information or verification is required, it may be extended up to 10 working days. The response to the appeal is given in the manner specified in the application (in writing or electronically).
Complaint to the prosecutor's office
The prosecutor's office is the supervisory authority for compliance with the law. An application to the government agency is submitted if utility services partially or completely fail to fulfill their duties.
Attention! A complaint to the prosecutor's office will be justified only if other services continue to be inactive, despite claims from the property owner.
A complaint can be submitted to government officials in the following ways:
- personal appeal;
- by registered mail;
- through the Internet reception;
- through the State Services website.
The complaint should briefly outline the essence of the problem and the citizen’s demands. To write an application, you can look at the 2020 sample, but there is no clearly established form in the legislation. The requirements for the document are specified in Law No. 59-FZ of May 2, 2006. Applications written with obscene language will not be considered. The response to the claim is sent to the applicant in writing or electronically within 30 days. In some cases, the period may be extended to 2 months.
The document is accompanied by evidence that the utility service does not comply with the terms of the agreement concluded with the consumer. As confirmation, a written appeal to the management company and the organization’s response should be provided. Documents can be attached to the application via the online reception if their size does not exceed 5 MB.
Download a sample complaint to the prosecutor's office against housing and communal services (management company)
