Functions of the housing inspection: what it does, what issues it solves

The task of housing and communal services is to provide comfortable and safe living conditions for citizens. For state control over the implementation of this task, a special structure was organized in 1994 with the function of inspecting residential facilities. Practice shows that not all residents of apartment buildings (MCDs) know about the existence of a housing inspection. In the article you can find out: what this organization does, what is within the competence of inspectors and how to get help if housing rights are violated.

Law on State Housing Inspection in the Russian Federation, definition

GZHI was created in 1994 by Government Decree No. 1086 as a structural unit of the Ministry of Construction.

The need for its creation was dictated by the following reasons:

a new payment system for housing and housing and communal services has been introduced;
it was necessary to ensure state control over the housing stock in the conditions of mass privatization and maintain it.

The State Housing Inspectorate has executive power and control and supervisory functions in the field of housing and communal services.

Its powers extend to government bodies, legal entities, individual entrepreneurs and individuals. That is, all those who come into contact with residential and non-residential premises, and on whose activities their maintenance and safety depend.

The regulatory framework on the basis of which the GZHI operates

In accordance with Decree of the Government of the Russian Federation No. 493 on GZHI, the inspection in its activities is guided by legally established rules, regulations and acts:

The Constitution of Russia, which guarantees citizens the right to security of their property;
Civil Code of the Russian Federation;
The Housing Code of the Russian Federation, which establishes the rules for the use of apartments in residential buildings, as well as the rules for managing multi-apartment residential buildings;
Code of Administrative Offences.

Verification of applications and appeals from citizens is carried out on the basis of Federal Law No. 294, which regulates the rights of individual entrepreneurs and legal entities during state and municipal supervision.

In addition, the administrative regulations for the work of the housing inspection are regulated by departmental regulations and acts at the regional level.

Why is it needed, what issues does it solve?

This inspection is necessary to ensure the safety of the housing stock and to maintain it in proper condition. She resolves issues related to major repairs. Its goal is to prevent premature dilapidation and destruction, monitor the quality of public services, and create comfortable living conditions for citizens.

Functions of the housing inspection in housing and communal services matters

The functions of the housing inspectorate are extensive. She oversees:

the condition of the local area – the presence of sidewalks and hard surfaces;
activities of organizations managing apartment buildings and common property (MC, HOA, housing cooperative);
the general condition of residential buildings (including monitoring the appearance of cracks on walls and ceilings, their size, the serviceability of windows and doors in the entrances, the presence of exposed fittings and protruding electrical wires);
compliance with fire safety;
sanitary and hygienic condition of apartment buildings - cleaning of common premises, clearing the local area of snow, garbage removal, landscaping and landscaping of the yard;
the state of general building utilities;
carrying out energy saving measures.

GZHI issues licenses to management companies and has the right to sue for its deprivation.

Rights and obligations of the Civil Housing Inspectorate

The rights and responsibilities of the state housing inspectorate also flow from its functions. According to paragraph 5 of Article 20 of the Housing Code of the Russian Federation, the housing inspector has the right:

conduct scheduled and unscheduled inspections of the activities of the management company;
request from government agencies and legal entities information necessary to conduct inspections;
visit apartment buildings and conduct an investigation or examination in them necessary to verify compliance with legislative standards for the operation of the housing stock;
check documentation, including minutes of general meetings of residents of apartment buildings, regarding the competence of creating an HOA, electing a chairman, choosing a management company;
based on the results of inspections, issue orders to eliminate identified violations, or protocols of administrative violations;
send materials to law enforcement agencies to initiate a criminal case.

He also responds to citizens' requests.

What other rights does GZHI have?

If there are compelling reasons, the official may sue to protect the rights of home owners, to deprive the management company of its license, or to liquidate the HOA or other consumer cooperative.

Responsibilities include the development of the housing and communal services sector as a whole, the creation of a competitive environment, the involvement of citizens in participating in the management of the housing stock, ensuring its safety, repair and improvement.

Powers of the housing inspection in relation to the resource supply organization

The housing inspectorate also has certain powers in relation to the resource supply organization.

She has the right to demand that the utility service provider fulfill the obligations stipulated in the contract concluded with the management company - to supply electricity, heating and water on time and with high quality.

Disputes often arise about who is to blame if the water supplied to apartments is dirty or at too low a temperature. Management companies and suppliers have their own opinions on this.

It is necessary to distribute the area of responsibility. If the problem is in the central networks, then the supplier must fix the problem. If the cause is identified after the watershed point or inside the apartment building, then the management company is obliged to answer.

GZHI also has the right to control the increase in prices for utility services. She has the right to contact the competent authorities if it turns out that the fee is too high or is being increased without good reason.

What functions does GZHI perform?

The primary functions of the housing inspection are:

monitoring the technical condition of housing, issuing decisions on its suitability for use;
making decisions on the timing of major repairs of residential buildings and acceptance of work after its completion;
consideration of facts of violations of legislation on the maintenance and operation of housing;
imposing a fine or bringing to justice under an article of the Code of Administrative Offenses of the Russian Federation officials of an organization or citizens in cases of violation of the rules for operating the premises of apartment buildings;
monitoring the validity of standards for provided public services;
checking the preparation of housing infrastructure communications for the season.

Housing inspectors also check illegal redevelopment and reconstruction of premises and apartments that infringe on the rights of other owners. It should be clarified here that inspectors bear criminal, material and disciplinary liability for unjustified actions that violate the rights of citizens.

Regulations on the state housing inspection

Currently, the main document regulating the activities of the state housing inspection is Decree of the Government of the Russian Federation No. 493 of 2013 “On State Housing Supervision”.

By this Resolution, the concept of “control”, as the main function of the organization, was replaced by “supervision”.

Changes to the Housing Code, the “Law on the Protection of the Rights of Legal Entities”, and other Government Resolutions made for the period 1994-2013 were also taken into account.

Regulations on state housing inspection of the city of Moscow

Regulation No. 493 has federal significance. Regions adopt their own regulations on the creation and functioning of local GZHI bodies.

Decree of the Moscow Government of 2011 No. 336-PP established the legal basis for the functioning of the Moscow Housing Inspectorate.

The main areas of work of the Moscow Housing Inspectorate:

licensing of activities for managing apartment buildings in the city of Moscow and the Moscow region;
approval of redevelopment of residential premises;
implementation of regional supervision (over the activities of housing inspections of the administrative districts of the capital).

The official website of the Moscow Housing Inspectorate contains addresses of places of application, the rating of the Criminal Code, forms for submitting applications electronically and in form, and regulatory documents in the housing and communal services sector.

How does the population interact with public housing in practice?

Citizens who are dissatisfied with the quality of services provided by the management company can send a written complaint to the State Housing Inspectorate. Analysis of law enforcement practice shows the following:

Some of the complaints are biased due to the applicants’ poor knowledge of the norms of current legislation. Therefore, the answers to them leave citizens unsatisfied;
If violations are detected on the part of the management company, the latter are fined. The company can pay the fine (the amount of which reaches 200 rubles) using funds raised from residents. Accordingly, a small amount remains for house maintenance; the quality of services continues to deteriorate, causing dissatisfaction among the population;
Some complaints are answered; applicants are advised to go to court.

In this regard, it is recommended to contact the State Housing Inspectorate with real and significant problems.
This will prevent unjustified paralysis of the work of the management company. The statements must be supported by similar appeals to Rospotrebnadzor (in case of violations of consumer rights) and the prosecutor's office. Such requests, addressed to several regulatory authorities at once, are checked more thoroughly. Their efficiency is higher. State housing inspection.

How to complain to a resident. inspection

File a complaint with the resident. inspection can be done in three ways:

Take it personally.
Send by registered mail.
Through the Internet. In this case, you either find the website of the regional public housing estate, the website of the city administration, or use the State Services portal.

Here, for example, is a link to the application form in St. Petersburg: https://letters.gov.spb.ru/reception/form/?agency=fea4967c0f0a428cbeb7d4b1ab4c50ed.

The procedure for filing a complaint through State Services is as follows:

registration;
defining your region;
“feedback” section;
“electronic reception” button.

The period for consideration of a complaint is 15 days (working days).

And now simple conclusions:

Don't be afraid to complain if your management organization is doing something wrong, or not doing what they are required to do under housing legislation. And do not fall for the “dirty” arguments that all fines to the management company will be paid out of your pocket.

Well, the best ways to make the management company work are either changing the management company, or drawing up acts confirming the poor quality of work of the management company, and further demanding recalculation based on these acts.

Complaint to the housing inspection, sample

If you decide to submit your application in person or send it by mail, the procedure will be slightly different.

Firstly , the application can be written “by hand” or printed.

Secondly , the application can be written in free form, or according to a sample that you take from the organization or download on the Internet.

Thirdly , make an application in two copies, on the second you must put a stamp of receipt and date.

And fourthly , you will receive more attention if the complaint is collective.

Any statement consists of three elements - the head of the document, the main part and the conclusion.

In the header you indicate the addressee’s details, that is, the name of the State Property Institution, full name. its manager and address. And below write the full name, addresses and telephone numbers of the applicants.

The main part describes the essence of the problem. You can use your own words, without legal terminology, but without insults and personalization. It is better if specific dates, numbers and names are present.

After this, write the word “please” and indicate what you want to achieve - recalculation for utilities, verification or change of the management company.

The final part consists of the date, signature and its transcript of each applicant.

sample complaint to the housing inspection. ⇐

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.

Reasons for refusal to consider a complaint

GZHI employees are required to accept applications from individuals. After all, working with requests is one of the main functional responsibilities. There must be compelling reasons for refusal:

complaints about drafting – unreadable handwriting, lack of applicant’s passport data;
the issues raised are not within the scope of the inspection's mandate. These may be some economic aspects of managing a multi-unit building;
the addressee is other government bodies;
the necessary measures have already been taken regarding this fact, and an official response has been provided.

If none of the above applies to your application, but they still refused to accept it, then you have the right to file a complaint with the housing inspector.

Where to complain about the inaction of the State Property Committee

One of the most important functions of the Housing Housing Inspectorate is receiving and responding to complaints from residents. A substantive response to each appeal must be received within a month. Sometimes the housing inspectorate is inactive or acts clearly not in the interests of consumers. When resolving issues related to illegal actions or inactions of local civil servants, pre-trial regulation is considered mandatory. This means a complaint against the local housing inspection to the regional department - the highest executive body of housing supervision in the region - or to the administration of a locality or subject of the Russian Federation.

A complaint against an inspection must contain the name of the addressee and the full name of the submitter. Anonymous complaints will not be accepted for consideration. If an appeal to a higher authority does not bring results, the citizen has the right to file a claim in court in accordance with the CAS RF or to the prosecutor's office. The latter, in turn, can initiate a review of the inspectorate’s actions and, in the future, legal proceedings.

The main authority for protecting the legal rights and interests of consumers is the court. According to Art. 218 CAS RF, disputes with the inspectorate are under the jurisdiction of courts of general jurisdiction at the location of the plaintiff. In this case, 3 months are allotted for filing an application from the moment the rights were violated or it became known.

This period also includes pre-trial regulation. But if the higher housing inspection did not respond to the complaint or did it late, it is considered that the deadline was missed for a good reason. Filing claims to recognize unlawful actions or inactions of persons vested with authority is subject to a state fee of 300 rubles. (2 thousand rubles for legal entities) according to clause 6.1 of Art. 333.19 Tax Code of the Russian Federation.

The practice of asserting rights in court shows that it is better to conduct disputes with the housing inspection not alone, but by a group of citizens. Litigations that end in victory for the plaintiffs are still rare, so the right decision would be to enlist the help of an experienced lawyer.

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.

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.

If the housing inspection is inactive - what to do and where to go

If you filed an application with the local housing inspectorate and it was ignored, then you have the right to file a complaint about its inaction with the following authorities:

to a higher level State Housing Institution according to vertical subordination - city, district, regional, regional, federal;
the head of the administration or his deputy;
to the prosecutor's office, which performs control and supervisory functions and has the right to initiate unscheduled inspections in the event of requests from individuals. If the facts specified in the application are confirmed, the prosecutor issues a resolution and time to eliminate them;
the court is the final authority. You should contact here only as a last resort, if appeals to other organizations have not led to the desired result.

Legislation in the field of housing and communal services changes and improves very often. Therefore, if you are unable to independently stop the illegal actions of the organization involved in managing your home, then you should contact a competent lawyer.

Authority

This independent structure controls the quality of public services provided to citizens by various enterprises. Her main responsibilities include:

Monitoring the condition, repairs, and maintenance of the housing stock.
Processing information on inspections and generating reports on monitoring the situation of the housing stock.
Development of measures aimed at improving the condition of the housing stock.
Coordination of reconstruction, as well as redevelopment in non-residential premises, apartment or private house.
Within the framework of the created commission, it participates in deciding the issue of recognizing housing as unsafe, as well as suitable or unsuitable for habitation.

GZHI monitors:

Operation of houses and surrounding areas.
The condition of residential buildings.
Carrying out timely repair work and proper maintenance of equipment.
Standards for the consumption of utilities by apartment residents, as well as the legality of these standards.
Carrying out seasonal events with communal equipment.
More economical use of available resources.
Availability of information on the provision of services to citizens provided by cooperative, friendly communities, as well as house management.
The condition of residential premises and repairs.

If problems arise, the solution of which is within the competence of the state housing inspectorate, citizens can apply in person. You can also send an appeal using mail or the Internet. The application is considered in the following order:

The document must be accepted and registered within three days after its receipt.
After registration, it is reviewed within one month.
The review period may be extended if verification of the information specified in the document is required.
If the problem stated in the application is not within the competence of the housing inspection, then the paper is sent within 7 days to the necessary authorities.
The received document must be stored for 5 years, and only after the end of this period the document can be disposed of.

The issue can be resolved either at the location of the housing estate, or by going to the applicant’s place of residence in order to monitor the measures that are aimed at eliminating the problem.

Arbitrage practice

The decisions of housing inspectors periodically become the subject of consideration by courts, which either confirm or refute the arguments of the government agency. Examples include the following solutions:

By decision No. 21-577/2020 of August 26, 2020, in case No. 21-577/2020, the court upheld the decision of the housing inspectorate to bring the director of the management company to administrative liability due to the presence of icicles on the roof of a residential building: a fine of 50,000 was imposed rubles
By the ruling of the Supreme Court of the Russian Federation dated 06/05/2020 No. 302-ES20-7227 in case A19-9053/2017, the court sided with the owner of the premises who unauthorizedly added a basement to a residential building, since the unauthorized construction does not interfere with access to the common property of the house, but its demolition can lead to deterioration of the load-bearing characteristics of a residential building and its destruction.
By decision No. 2-3666/2020 of July 30, 2020, in case No. 2-3666/2020, the court ordered the utility service provider to comply with the decision of the housing inspectorate on the transition to calculating utility fees for heating during the heating period, as well as recalculate the adjustment heating fees for all owners and tenants of residential building premises.