What does a housing inspection do: responsibilities and powers

Pravozhil.com > Housing and communal services issues > Criminal Code > Why is the chief state housing inspector of the Russian Federation needed?

Despite numerous reforms, problems still often arise in the housing sector. The state is taking various measures to solve them.

It was for this purpose that in 2014 a position was created as the chief state inspector of the Russian Federation for housing issues. We will tell you further about who he is and what his functions are.

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.

Contents of the regulations on civil housing estate

This document contains the following:

1. General provisions - to whom it reports, what it is guided by, in accordance with what it was created, structure and number, financing, etc.;
2. The main tasks assigned to the State Housing Inspectorate;
3. Inspection functions that are carried out within the framework of the tasks performed;
4. The rights of the Civil Housing Authority with which it is vested to implement functions and perform tasks;
5. Management and composition of the State Housing Inspectorate, their powers and financing;
6. The procedure for interaction between the State Property Committee and other government bodies;
7. Procedure for reorganization and liquidation of the inspection.

The document regulates the activities of the State Property Committee on the most basic issues and provides it with legal instruments. It is its provisions that guide the employees and management of the inspectorate in their professional activities.

If necessary, the provision may be supplemented with other clauses. All changes are approved by the government of the relevant subject of the federation.

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.

Powers and rights of the State Housing Inspectorate

The responsibilities of the State Housing Inspectorate include the following:

• personally receive citizens;
• collect information from residents and organizations about the use of a residential building, the quality of utilities and maintenance of the building;
• record violations of the law;
• draw up administrative protocols to bring perpetrators to justice;
• consider citizens' appeals;
• gather residents of the house for explanatory lectures;
• carry out anti-theft measures;
• initiate consideration of controversial issues in courts;
• facilitate the conclusion of contracts with service providers necessary to maintain the building in proper order.

To fulfill his duties, the law provides for the inspector’s right to unhindered access to the premises of apartment buildings, including apartments.

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.

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.

How to deal with the inaction of the housing inspection

The activities of regional housing commissions are controlled by regional bodies. The highest level is the Main Housing Inspectorate of the Russian Federation.

If citizens' appeal to the regional inspection organization does not help in resolving the issue, then they have the right to appeal to a higher authority, which has the right, without coordination with the prosecutor's office and prior notice, to conduct an extraordinary inspection of the actions of local inspectors. To ensure that the proceedings do not drag on indefinitely, a citizen may need to consult a lawyer to correctly explain the essence of the issue and prepare documents related to the problem.

The creation of housing inspection authorities in Russia allows citizens to feel more protected in housing and communal services matters. They allow people to fight fraud and poor quality services in the public utilities sector.

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).

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.

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.

State Housing Inspectorate (GZHI) - definition and legal status

GZHI is a state body responsible for supervision in the field of housing and communal services and monitoring the management of residential buildings. Carrying out control tasks, it has licensing functions in the field of operation of real estate objects. In essence, the housing inspectorate is an intermediary organization between the owners of residential apartments, management companies (MCs) and municipal/state government structures.

The need to form a residential housing development was caused by the emergence of residents not only of their own apartments, but also of common areas in need of constant repair and maintenance. The organization is vested by the state with the authority to ensure the safety of citizens during the operation of multi-unit buildings.

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.

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No one cares, the prosecutor's office, the Moscow Regional Inspectorate. The last straw was the response of the regional idlers that they could not check the HOA, since, it turns out, the forms for disclosing information had not been approved.

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___________________________________________

Ministry of Construction and Housing and Communal Services of the Russian Federation

Deputy Minister - Chief State Housing Inspector of the Russian Federation A.V. Lapwing

127994, Moscow, Sadovo-Samotyochnaya street, building 10/23, building 1.

From Matveeva O.A. 143409, Moscow region, Krasnogorsk, st. Lenina, house 34, apt.

DEAR CHIEF HOUSING INSPECTOR

On February 6, 2015, I contacted the State Housing Inspectorate of the Moscow Region with a request to check the compliance of the Sokol HOA with the Standard for Disclosure of Information on the Internet and the provision of the requested information at the request of the applicant (Appendix 1).

The basis for the appeal was the lack of response to my email to the Sokol Homeowners Association (Appendix 2).

I received a response from the State Housing Inspectorate of the Moscow Region, which refused to conduct an inspection of the Sokol HOA to comply with the Information Disclosure Standard due to the lack of forms approved by the Ministry of Construction (Appendix 3).

I consider such a response from the State Housing Inspectorate of the Moscow Region to be illegal and unfounded, since it exempts the Sokol HOA from fulfilling the mandatory requirements for providing information.

In addition, the position of the State Housing Inspectorate of the Moscow Region contradicts your letter dated February 24, 2014 No. 4745-ACh/S4 “On certain issues related to the implementation of the legislation of the Russian Federation on licensing business activities for the management of apartment buildings,” which directly states that the information is for 2014 year, is subject to disclosure in the forms posted on the website “Housing and Communal Services Reform” in accordance with the Standard, as amended as of November 30 inclusive.

My repeated appeals to the State Housing Inspectorate of the Moscow Region regarding the problem of disclosing information on house 34 on the street. Lenin in the city of Krasnogorsk, Moscow region, were not heard. The information has not been disclosed and the perpetrators have not been punished.

I associate this with another problem. There is every reason to believe that the two buildings of household 34 on the street. Lenin in the city of Krasnogorsk, Moscow region, were not put into operation and they were not assigned postal addresses in the prescribed manner.

Housing legislation cannot be applied to two residential buildings under the same number. This applies to shares in the right of common ownership of common property, energy efficiency, major repairs of common property and much more.

I ask you to check the performance of the State Housing Inspectorate of the Moscow Region of its duties.

April 09, 2015 Matveeva O.A.

Application:

1. Letter to the State Housing Inspectorate of the Moscow Region dated 02/06/2015

2. Letter to the Sokol HOA by email dated 12/12/2014

3. Response from GZHI MO dated 03/11/2015

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.