What to do if the elevator in the house does not work (where to complain)?

Problems in the housing and communal services sector are not uncommon, and today I want to tell you about one problem, as well as how to deal with it. Often, elevators do not work in apartment buildings; in principle, if a shutdown occurs during the day while everyone is at work, no one will notice anything, but it happens that the elevators do not work for weeks or months and the residents do not know what to do about it, how to influence the management organization and to finally get the elevator repaired and running. This article will talk about what to do if the elevator does not work in your house and how to deal with it?

Signs that the elevator is about to fail

If you periodically have a sign “The elevator is not working!” hanging in your entrance, then everything is obvious - it is not working. But if he drives, but at the same time...

• the cabin doors close with a terrible slam (or vice versa, not tightly), and do not open completely;
• periodically gets stuck, stops above or below the required level so that the floor of the cabin does not coincide with the floor of the floor;
• it drives jerkily, the buttons do not always work, there is a suspicious noise, an unpleasant vibration is felt;
• communication with the dispatcher does not work (you’ll get stuck like that and won’t be able to call him if your phone isn’t at hand);

— it makes sense to raise the issue of diagnostics, and, if necessary, repair of such an elevator. All of the above signs are, of course, not problems yet, but they can quickly become one.

What to do and who to contact?

In this situation, residents have two options for interacting with the service company:

1. If you realize that the elevator is not working, you need to call the dispatcher and report the problem.
   To ensure that you are not ignored, ask for the application number and the name of the person in charge who accepts the application. In a conscientious organization, all incoming complaints and applications are assigned serial numbers. This formality may help resolve conflict situations in the future. To speed up repairs, you can call two or three neighbors and ask them to submit a repair request to the management company. Several requests from residents of the same entrance will force the craftsmen to act much faster.
2. The second method is more effective, but takes more time.
   To do this, you will need to write a complaint letter to the management company. The document must be drawn up in two copies and taken to the head office. The complaint is accepted by the responsible person. Usually this is done by people at the reception or secretaries. In this case, the person who accepts the documents must put his signature on the complaint, its transcript, the date of appeal and the seal of the organization. The document will be assigned a number and one copy will be returned.

Usually, these methods are enough for the service company to call a team of craftsmen to begin repairing the elevator.

Where to go if the elevator is broken or works intermittently

If you think that riding in the elevator is becoming unsafe, or at times it does not work at all, submit an application to the Criminal Code. To do this, you can come in person to the representative office of the management company or send an application by mail, or you can call the emergency dispatch service (ADS). We wrote about how to submit an application correctly in an article about rusty water.

Collective requests/complaints, as practice shows, give the desired effect faster, so it’s better to find like-minded people among your neighbors.

ADS and management company employees sometimes refuse to register applications if the elevator is working, but there is some noise or other alarming phenomena. They may convince you that it is a false alarm and everything is fine. Then send your application by letter with acknowledgment of receipt.

Actions in case of elevator breakdown

Elevators and shafts are classified as high-risk objects, and therefore residents should be more vigilant about their operation and contact the management company at the first sign of problems, without waiting until the structure gets stuck between floors.

Obvious signs of an impending breakdown include the following:

• the cabin begins to move independently, without pressing a button;
• movement is carried out in the opposite direction;
• there is no connection with the dispatch console through the corresponding button;
• the light begins to flicker or does not light up at all;
• the doors do not open/close;
• the cabin does not stop at the floor level, but above/below;
• while driving, suspicious sounds are heard, the cabin twitches, the smell of burning or burnt wires is felt;
• the fence of the shaft or cabin is broken.

What should residents do? If at least one such problem occurs, you should immediately contact the appropriate authorities for repair. Even excessive lift noise can be a cause for complaint.

It’s not for nothing that when designing, elevator shafts are placed between staircases to minimize discomfort for residents. If no violations are found, but the noise is disturbing, then the residents can only install soundproofing, but at their own expense.

Responsibilities of the management organization in relation to elevators

The management company (or HOA) is obliged to monitor the condition of the elevators, since they are part of the common property.

Part 1 of Article 36 of the Housing Code of the Russian Federation - elevators belong to the common property of the owners of premises in apartment buildings.

Clause 42 of the “Rules for maintaining common property in an apartment building” established by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 - management organizations must maintain common property in proper condition (in accordance with the laws and the agreement between the management company and the owners of apartments in apartment buildings).

The management company will not repair the broken elevator itself, but by a specialized organization with which it has an agreement. An information sign with the name of this company should hang in the elevator cabin. In Moscow, for example, one of such organizations is Moslift OJSC.

At whose expense are the repairs carried out?

In the Housing Code of the Russian Federation, Part 1.2 of Art. 154, it is stated that the costs of maintaining the lift are included in the monthly payment for housing services. Moreover, in Part 2 of Art. 39 of the Housing Code of the Russian Federation talks about the amount of payments, which depend on the owner’s share in the ownership of the MKD property.

It turns out that all costs for repairs and maintenance are paid by the residents themselves in the form of monthly utility payments to the management company. Therefore, they are not required to make any additional contributions even if the elevator breaks down seriously.

Our portal contains materials about elevator repair and maintenance, technical certification, and emergency service.

How will a broken elevator be repaired?

Once a year, a technical inspection of the lifting mechanism is carried out. Inspections must be carried out every month. All this is necessary to prevent accidents due to technical reasons.

[P. 4 tbsp. 6 Technical Regulations of the Customs Union TR CU 011/2011, adopted by Decision of the Customs Union Commission dated October 18, 2011 No. 824]

If an accident does occur (in our case, a malfunction of the elevator), the management company must eliminate it within 1 day from the date of receipt of the application. Emergency elevator repair involves replacing one or more parts.

Unscheduled repairs are carried out if the elevator fails during a fire, flood, theft, natural disaster or due to vandals.

If the problem is serious and repair requires purchasing spare parts that are not in stock, the repair period may be extended. In this case, the management company must notify the residents of the house about the current situation and the time frame for its elimination. The elevator must be sealed so that no one can use it.

What to do if the noise of the lift is heard in the apartment

The noise and vibrations from the elevator are affected by the operation of its parts:

• cabin shoes, counterweights, switches, door openers;
• guides, not properly processed and bearings;
• lifting winches, control panels, transformers.

When designing a house, it is recommended to place lifting equipment between flights of stairs. This will protect residents from discomfort and noise.

If the lift often makes noise (according to the regulations, it should not do this), hums, or causes concern, you need to complain to the management company. She will call a specialist from a service organization to diagnose and troubleshoot problems.

If the situation cannot be resolved peacefully, you can complain about the non-functioning equipment to Rospotrebnadzor, which will measure the noise level. Exceeding the permissible limit of the Criminal Code is a reason to receive an order to eliminate this violation.

When no violations are detected, but noise interferes with a quiet life, the only way out is to change the apartment or install soundproofing. Modern techniques guarantee complete protection from external sounds, but the costs will fall on the shoulders of the owner.

Where to complain about the inaction of the Criminal Code

If your management company does not respond to applications at all or feeds you with promises, but in fact does nothing, you need to file complaints with the appropriate authorities. The more complaints are sent (preferably collective), the faster the matter will move forward.

• State housing inspection.

This government body oversees the work of management organizations. A complaint can be submitted electronically on the inspection website if you are registered with State Services. You can also send it by mail or bring it in person. Attach copies of the applications that you submitted to the Criminal Code.

• Rostekhnadzor.

Requirements for filing a complaint are on the Rostekhnadzor website.

• Prosecutor's office.

You can submit an appeal directly on the website of the prosecutor's office of your city and county in the online reception. For example, Muscovites can file a complaint here.

• District administration/district government.
• Pre-trial claim against the Criminal Code.

Make a claim in 2 copies. In it, refer to the current legislative norms - Articles 36 and 161 of the Housing Code of the Russian Federation, as well as Decree of the Government of the Russian Federation dated August 13, 2006 No. 491. Your copy must be signed and dated by a representative of the Criminal Code.

• If nothing changes, sue.

Within what time frame must elevator malfunctions be repaired?

There is one interesting document, it is called “Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170”, in this resolution there is paragraph 5.10.2, which also states, but more specifically, that the operating organization, as well as organizations under economic control and the operational management of which buildings are located, associations of homeowners, depending on the form of management of the apartment building, must ensure the maintenance of the elevator in fully operational condition, ensure its safe operation, which is ensured by proper maintenance of the elevator.

This means that the management organization must not only repair the elevator after a breakdown, but also carry out technical inspection of the elevator, routine maintenance, scheduled repairs and other elevator maintenance work. Thereby ensuring its uninterrupted operation and safe operation.

In the event of an unscheduled breakdown of the elevator, on the basis of Appendix No. 2 of “Resolution of the State Construction Committee of the Russian Federation of September 27, 2003 N 170”, the elevator malfunction must be repaired within 24 hours after the breakdown.

That is, ideally everything should happen as follows: your elevator breaks down at 12:00 noon, you report it by phone to the management organization, the dispatcher accepts your request and from that moment they have exactly 24 hours to bring the elevator back to normal. good condition and this is according to the law, anything longer is a violation of the law and the rights of residents.

I will give one useful piece of advice, if you call the management organization, so that later you have something to refer to, if your message is ignored, when the dispatcher accepts your appeal, it should be registered in the message log, each message is assigned a number, so, ask dispatcher to tell you the number of your appeal and the name of the dispatcher himself, write down this data and if your request is ignored, then at least you will refer to the specific number of the appeal and the date when the appeal was received.

Ideally, communicate with the management organization in writing, that is, you write your appeal, let’s call it a complaint. We write in 2 copies and go to your management organization, submit both copies to the person authorized to receive incoming messages, after reviewing your appeal, your copy must be stamped and dated and assigned an incoming number to your appeal. We pick up a copy with the marks and from that moment the management organization has exactly 1 day to start the elevator.

How to replace an old elevator

The intended service life of the elevator is 25 years. Next you need to carry out diagnostics to understand how much longer it can work. You can find out how old the elevator is on the housing and communal services reform website, in the my home section. You can also contact the management organization - they have all the technical documentation for your MKD.

Since all the owners of the premises in the apartment building own the common property, in order to install a new elevator, you need to hold a general meeting of owners and make an appropriate decision (you need to get at least ⅔ votes from the total number of votes). In this case, it is necessary to determine who will carry out the replacement and how. You can choose one of the options depending on the current situation:

• You can replace the elevator at the expense of the owners
  , but this is an unpleasant option. Of course, this route may be the fastest, but it will take a considerable amount to collect.
• If you live in a new building and it is still under warranty from the developer, you can submit a demand to the developer to replace low-quality elevator equipment
  .
• If the house will soon undergo major repairs, you can send a decision to the Capital Repair Fund to include the replacement of the elevator in the list of necessary works
  . It should be borne in mind that the Fund may not approve replacement work if it considers it inappropriate.

What actions should residents take?

If a malfunction of the elevator is detected, then you should immediately contact the company that is obliged to maintain the common property. As a rule, contact details, including a telephone number, are indicated on an information stand located at the entrance to the entrance or on the ground floor, near the elevator itself.

Important! If you do not know which company is servicing your home, you can obtain the necessary information by calling the City Housing Inspectorate.

According to the established rules, any request from a resident must be recorded by a dispatcher. After the call, you need to clarify which number was assigned and find out the name of the dispatcher who accepted the application.

It is better if, in addition to the call, the residents of the house personally visit the management office and leave there a written statement prepared in two copies, one of which, with a mark, remains with the applicant.

Procedure for contacting the Housing Inspectorate

Options for filing a complaint with the inspectorate:

• during a personal visit;
• by sending papers by mail;
• using the official websites.

Since each region has its own representative office of the inspectorate, the option of filing an electronic complaint must be considered on the specific website of the department. For an example of submitting an appeal, you can take the website of the Moscow Housing Inspectorate:

• while on the website page, click on the “Electronic Reception” section in the lower left corner;
• Enter the required reliable information in the form provided for filling out;

• if necessary, at the end of the questionnaire you can attach documents related to the essence of the application;
• enter the verification code, check the box indicating consent to the processing of personal data and click “Preview”;
• If all information has been verified, an electronic complaint can be sent.

In order for the complaint to be accurately considered, you should carefully study the rules for filling out the form, deadlines and methods for receiving responses. The section is located above the questionnaire; by clicking on the highlighted words in blue, the user will see all the required information.

According to Federal Law No. 59, Art. 12, dated May 2, 2006, a period of 30 days is allotted for consideration of applications.

The housing inspection is obliged to check the validity of the submitted appeal, after which the Criminal Code will issue an order to eliminate the violations. If there are sufficient grounds, the sanctions of Art. 7.22 Code of Administrative Offenses of the Russian Federation.

Important! Residents of Moscow can call the 24-hour hotline -. Such telephones are available in every region of the country .

How to file a complaint

Today, at the legislative level, there are no clear instructions on how exactly a complaint should be drawn up, just as there is no unified form. Applicants must adhere to certain formalities and unspoken guidelines.

Contacting the prosecutor's office

You should contact the prosecutor's office only in two cases:

• none of the government departments was able to resolve the situation or responded to the appeal;
• operation of the elevator poses a threat to the life and health of citizens.

The complaint itself has a standard format and must include the following information:

• information about the addressee and applicant (anonymous complaints are not accepted for consideration);
• a description of the problem that arose, what methods of peaceful resolution of the situation were used, what answers were received, what officials were inactive;
• what demands and requests the applicant sends to the prosecutor’s office;
• list of documents attached to the complaint;
• date and signature of the applicant.

The complaint can be submitted in person, by mail or using the online reception. It is better to contact the regional department, since when sending papers to the Prosecutor General's Office of the Russian Federation, they will in any case be sent to a lower authority.

Based on the results of the inspection, an official response will be prepared, indicating the results of the inspection and the measures that were taken to correct the problem.

Complaint to Rostekhnadzor

If a peaceful settlement of the issue with the management company does not bring results, you should write a complaint to Rostechnadzor. The powers of this body include monitoring the operation and safety of various technical devices used by citizens.

You can contact your regional or federal department. A quick and convenient way to file a complaint is to use the official website of the department. What the applicant will need to do:

• while on the website page, go to the “Complaint Procedure” section;
• Having studied all the material presented, you should go to the “Contact the reception” item, read the procedure for receiving and considering complaints, click “Agree”;
• fill out the feedback form.

The received complaint must be registered within 3 days. 30 days are allotted for its consideration and preparation of a response for the applicant.

Complaint to the Court

The court is the last authority that is authorized to restore the rights and interests of citizens, as well as to punish the guilty persons. You should resort to the help of the court only if none of the authorities responded to the appeal.

For the court, it is not enough to prepare a complaint; you need to competently draw up a document, attach significant evidence, correctly state what happened and apply the rules of law.

The right to judicial protection is enshrined in Art. 46 of the Constitution of the Russian Federation and Art. 3 Code of Civil Procedure of the Russian Federation.

Art. 131 of the Code of Civil Procedure of the Russian Federation indicates the form and content of the claim. As part of the trial, the plaintiff has the right to make a claim for compensation for moral and material damage, which has documentary evidence. The court will not accept unsubstantiated and unfounded arguments for consideration and the claim will be rejected.