Write and send a complaint about the smell

For residents, situations are very unpleasant when there is always an unpleasant odor of foreign origin in the entrance or apartment. Basically, the reasons for its appearance are related to problems with housing communications (How to complain about housing and communal services), which residents cannot eliminate on their own. Meanwhile, the state of general utilities must comply with sanitary standards. An unpleasant odor not only creates discomfort, but can also be harmful to health, especially if small children live in the apartment. There are several authorities that you can contact to solve this problem. Unclean neighbors can also be the cause of an unpleasant odor. (How to complain about your neighbors)

Causes of unpleasant odors

First of all, you need to find out the cause of the smell, if possible. If the smell spreads locally, inside one apartment, it is likely that its source is indoors - then there is no reason to complain to the regulatory authorities. If the stench spreads in the entrance or in several apartments, then this problem cannot be solved on its own. The most common causes of unpleasant odors in an apartment building:

Malfunctions of engineering communications. If there is a blockage in the sewer drains in the house, the smell of the sewer can spread to several floors, which is not only extremely unpleasant, but also dangerous to health.
The smell of dampness from the basement may be due to leaking water pipes, or due to a breakdown in the ventilation system in the basement. Basement stench can also be caused by decomposition of organic and inorganic material.
Clogged ventilation shafts in a multi-storey building, in addition to the musty smell, pose other dangers - including the accumulation of combustion products that poison the air. In such cases, it is necessary to check the hood with a burning match: if the flame burns evenly, it means that the hood is not working, then urgent action must be taken.

Weak water pressure, its absence and poor sewerage in the apartment: what to do?

Raising the topic of the quality of services provided to us by public utility companies, I would once again like to make a reservation: well, when? When will they start providing them with quality? And judging by the number of complaints from the population, this happy moment will not come soon. In this article we will talk about the lack of water, its low pressure and problems with the sewerage system, of course, if they arose due to the fault.

The water supply system to residential buildings has a rather complex structure. In its different areas it is controlled by several departments. Let us immediately make a reservation that only you yourself are responsible for the condition of pipes, taps and other plumbing fixtures inside your home. Therefore, if the water pressure is weak due to clogged plumbing in the apartment, then you will have to fix such a malfunction at your own expense. The management company is responsible for all plumbing equipment and risers inside the house and in the basement.

Legal basis for the claim

The organization with which the management agreement has been signed is responsible for the condition of the common property in an apartment building. In the Russian Federation, such functions are performed by management companies (MCs) that have a license to carry out such activities (How to complain about a Management Company), or by a Home Owners Association (HOA) or a housing cooperative, in accordance with clause 2 of Art. 161 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) (How to complain about an HOA). Apartment owners can also take control of the common property of the house (clause 1, clause 2, article 161 of the Housing Code of the Russian Federation), in which case they themselves are responsible for its condition.

In accordance with the management agreement, the HOA or management company is responsible for the maintenance of the common property, which are responsible to the residents for the implementation of all relevant work (clause 2.2, clause 2.3 of Article 161 of the Housing Code of the Russian Federation). The condition of common areas, such as basements and attics, as well as the condition of utilities must comply with the standards specified in regulations:

Decree of the Government of the Russian Federation dated 04/03/2013 N 290 “On the minimum list of services and works...” - Section 2 of this document instructs housing and communal services authorities to monitor ventilation, water supply and sewerage systems with immediate intervention in case of malfunctions;
Decree of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building...” - in accordance with Section 2, clause 10, the condition of common property must ensure the health and safety of residents and comply with sanitary, hygienic and technical standards, approved by the legislation of the Russian Federation;
SanPiN 2.1.2.2645 10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” dated 08/15/2010, prescribing compliance with hygienic requirements (section 4).

Responsibility for violations

The management organization is responsible for maintaining a favorable microclimate in the premises of an apartment building. The presence of unpleasant odors that persist for a long time and are not eliminated indicates a failure to comply with the terms of the management agreement. In this regard, the management company (HOA) faces liability for:

Administrative – violation of the rules for maintaining residential premises (Article 7.22 of the Code of Administrative Offenses of the Russian Federation), fine up to 5 thousand rubles. for officials and up to 50 thousand rubles. for organizations.
Civil law – compensation for losses caused by failure to fulfill the terms of the contract, the obligation to perform work (Articles 393, 396 of the Civil Code of the Russian Federation).

Note.
The management agreement is regulated by the law “On the Protection of Consumer Rights”, since management companies and homeowners associations supply work and services to residents (consumers) for a fee. In accordance with Art. 29, residents, in case of improper performance of services, have the right to demand:

fixing the problem free of charge;
reducing the price for the service;
reimbursement of expenses in case of independent performance of work.

Where to go for help?

According to the law, the management company or other organization servicing the house is responsible for the condition of the basement. These structures should be contacted if an odor is detected in the basement.

Workers are required to quickly respond to the call, eliminate the cause of the breakthrough, clean the premises, and do not forget to replace leaking pipes.

Also, at the end of the work, disinfection is carried out after a breakthrough.

ATTENTION! Lawyers recommend filing an individual complaint; it will be considered faster. Collective appeals require longer consideration.

A written appeal regarding sewerage problems should be written in business language, accurately indicating all the facts. The address, time of occurrence of the stench, and other data are indicated.

The complaint indicates where the appeal has already been sent and which company has not responded to the information.

Complaint to the Criminal Code

Before contacting higher authorities, it is necessary to contact the management organization itself with a statement about the problem, since they may not be aware of the existence of violations. In addition, it is necessary to read the management agreement (which is posted on the website or provided to the owners in writing). Such agreements usually prescribe a pre-trial procedure for resolving disputes, which includes negotiations and written claims.

Note. It is better to apply immediately with a written statement, since telephone calls do not always give results, and the claim is evidence when appealing the actions of the Criminal Code to other authorities. It is worth keeping a copy of the application with a registration note.

There is no strict procedure for drawing up such statements, so the statement is drawn up in free form. The complaint to the Criminal Code must contain the following points:

name of the management company or homeowners association, full name of the director (chairman), address of the company;
Full name of the applicant;
full residential address of the owner of the residential premises;
an indication that the owners of this house have entered into an agreement with the management company (HOA), which entails obligations for both parties;
description of the problem - when the unpleasant odor occurred and where it spreads;
reference to the Decree of the Government of the Russian Federation of August 13, 2006 N 491 and SanPiN 2.1.2.2645 10;
request to find the source of unpleasant odors and eliminate them;
signature, date.

you can here.

You can submit the document to the housing and communal services authorities in person, but it is advisable to receive the number of the incoming document when submitting it. You can also send a claim by registered mail, but this method of filing will take longer.

What actions are reasonable?

If the sewer smell is not strong, then the duration of the analysis is not so deplorable. Complications arise when the stench is absolute, when the residents’ patience is running out.

Read more: How to buy an apartment for a foreign citizen in Russia

In such cases, it is necessary to use all available measures of influence on violators of the contract for the maintenance of a multi-storey building. Now people have the opportunity to change the management campaign at any time.

Organizing and holding a meeting is often quite difficult. Therefore, residents choose other ways to influence violators:

Complaints in written and oral form to all authorities;
Threats to the managers of the management company to terminate the contract;
Involvement of supervisory authorities;
Call emergency services as soon as possible;
Organizing an inspection of the basement by the sanitary and epidemiological service;
Assessment of the condition of pipelines and sewerage by third-party plumbing specialists. Receiving a conclusion in written certified form;
Your own efforts are to analyze the current situation, looking into the basement with a camera and providing reliable information to the management company.

To the housing inspection

The State Housing Inspectorate is a body responsible for monitoring the provision of housing and communal services and protecting the rights of homeowners. (How to write a complaint to the Housing Inspectorate) GZHI will not return money caused by damage from the actions of the Criminal Code, but has the authority to check their activities and issue mandatory orders, as well as initiate administrative proceedings under Art. 7.22 Code of Administrative Offenses of the Russian Federation.

The Housing Inspectorate is represented by branches in the constituent entities of the Russian Federation; you can find the contacts of the Housing Inspectorate for your region on the Internet or by using the telephone information. GZHI of the city of Moscow has a website hwww.mos.ru/mgi/. You can contact the State Housing Inspectorate department either by sending a complaint by mail or through the electronic reception on the inspection website of your subject. Reception of the Moscow State Housing Institution at the link www.mos.ru/feedback/individual/, to apply you must fill out the form that appears.

A complaint against the Criminal Code to the Housing Inspectorate is drawn up in free form, but according to the rules of official documentation:

the “header” indicates the relevant department of the Civil Housing Inspectorate, full name and address of the applicant;
the full address of the house and apartment where there is an odor problem;
information about the management company (HOA) authorized to solve this problem;
circumstances: where and when the unpleasant odor appeared, what measures were taken by the residents (application to the housing and communal services authorities, which did not yield results);
references to violated legislative norms: Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170), Decree of the Government of the Russian Federation dated August 13, 2006 No. 491;
At the end, it is advisable to indicate to which postal or email address the response should be sent.

A copy of the claim in the Criminal Code, if available, is attached to the application. The document is sent by registered mail. The response must be provided within 30 days, in accordance with the Law “On the Procedure for Considering Appeals...” No. 59-FZ.

A sample odor complaint to the Housing Inspectorate can be downloaded here.

To Rospotrebnadzor

Rospotrebnadzor is a state supervisory body that, among other things, protects the rights of consumers of goods and services. (How to complain to Rospotrebnadzor) Homeowners are consumers of the services and work of housing and communal services authorities on the basis of a management agreement. In case of failure to fulfill the duties of housing management, which includes maintaining normal sanitary and hygienic conditions, citizens can file a complaint against the actions of the management company (HOA) with Rospotrebnadzor. This body may oblige the Criminal Code to fulfill its duties in accordance with the law, and also impose an administrative fine under Art. 7.22 Code of Administrative Offences.

A complaint to Rospotrebnadzor about the inaction of the Criminal Code regarding the problem of unpleasant odor is drawn up according to the general rules:

name and address of the branch;
owner details (full name, address);
the essence of the appeal with references to legal norms and with an indication of claims in the Criminal Code that did not produce results;
the operative part with a request to conduct an audit of the activities of the management company;
attached documents (copy of application, acts, etc.);
date and signature.

You can find the RPN branch at the link rospotrebnadzor.ru/region/structure/str_uprav.php, where addresses and websites are indicated. You can also submit an electronic application to Rospotrebnadzor.ru/petition/.

Important. To initiate an unscheduled audit of the activities of a management organization, you must log in to the system using the Unified Identification and Autonomous Authorization service.

An example of an application to Rospotrebnadzor regarding the management company’s inaction can be downloaded here.

To court

It makes sense to go to court when the owner tries to recover costs incurred from the management organization or compensate for damage (material and moral). (How to file a complaint with the Court) This is relevant if the residents decided to eliminate the odor problem themselves and turned to a private company for a fee.

If the claim against the Criminal Code includes claims of up to 50 thousand rubles, then the application is submitted to the magistrate court, and if it exceeds this amount, then to the district (city) court, in accordance with Article 23 of the Code of Civil Procedure of the Russian Federation. The claim is filed at the location of the management company.

Please note: according to the law on the protection of consumer rights, the plaintiff does not pay the state duty (clause 3 of article 17).

The claim is drawn up in accordance with Article 131 of the Code of Civil Procedure and includes the following points:

name and address of the court;
Full name, address of the plaintiff and information about his representative, if he will participate in the meeting;
the circumstances of the incident and the violated rights of the applicant with reference to Art. 17, 29 of the Law on the Protection of Consumer Rights, as well as on housing legislation;
the amount of claims collected from the management company;
indication of written appeals to the housing and communal services authority;
list of attachments, date and signature.

Copies of the application according to the number of defendants, as well as evidentiary materials (acts, receipts, etc.) are attached to the claim. The court schedules a hearing within 2 months, after the decision is made 30 days pass, after which it comes into force. The claim can be sent by registered mail, or submitted in person to the court office.

A sample statement of claim against the management company can be downloaded here.

The legislative framework

Housing issues related to improper performance of duties by management organizations are regulated by the following legislative acts:

“Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ.
“Civil Procedure Code of the Russian Federation” dated November 14, 2002 No. 138-FZ.
Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N 59-FZ;
Decree of the Government of the Russian Federation dated 04/03/2013 N 290 “On the minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building, and the procedure for their provision and implementation.”
Decree of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and ( or) with interruptions exceeding the established duration.”
SanPiN 2.1.2.2645 10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” dated 08/15/2010.

Can I fix the source of the problem myself?

In the event of lengthy correspondence or arguments with the management company or regulatory organizations, residents decide to get rid of the problem on their own. But in this case you need to act responsibly, carefully, and competently.

Any work related to the engineering systems of an apartment building should be performed by professionals.

If those in charge are in no hurry to carry out work to eliminate the stench, and it is no longer possible to endure the inconvenience, a safe option is to invite specialists from a private company in the relevant field of activity.

Its services will be paid, but it will still be possible to quickly eliminate the problem of living in the house with a disk.