- November 27, 2018
- Legislation
- Natalia Kalinichenko
You don’t choose your relatives and neighbors, so you have to live with those who are there. Loud music, drinking, repairs behind the wall - every person living in an apartment building faces such problems. Naturally, if the problem is temporary, then disputes and conflicts do not arise, but if the neighbor causes endless problems and no persuasion or requests help, then the remaining residents have to seek help from the authorities.
The most common reasons for filing statements against neighbors
Uncleanliness of individual residents is one of the most common reasons for filing a complaint. Some people believe that the garbage does not need to be taken out into a container, but can be left in the entrance or vestibule, and thrown in a cigarette butt. Another problem is the uncontrolled number of animals in one apartment. It’s clear that when the homeowners have one cat and a dog and they take care of them, then no problems arise. But if there are 30 cats behind the wall, then it is impossible to avoid the unpleasant smell and noise.
The third most common problem is noise. This is music, stomping, constant repair work. And some neighbors are doing illegal redevelopment in their homes, demolishing load-bearing walls. Naturally, other residents of the house are concerned, because this is a real danger to the entire building.
Flooding of the lower floors. It’s clear that if this is an isolated case, then the conflict is resolved quickly, but if flooding occurs on an ongoing basis, then something needs to be resolved with such a neighbor.
Another reason for contacting the authorities is the stash behind the wall. Naturally, it is impossible to feel safe when dubious individuals are walking around the entrance.
What the law says
The legislation provides for two types of complaints: individual and collective complaints against neighbors.
Before drawing up an application, it is recommended that you familiarize yourself with a number of regulations:
- Law No. 52-F. This document regulates sanitary and epidemiological standards for noise pollution. You should know that repair work in an apartment building can only be carried out from 9 a.m. to 7 p.m., and only on weekdays. The noise level at night should not exceed 30 dB.
- Code of Administrative Offences. Article 6.4. There is a fine for littering entrances and other public areas with garbage.
- Issues of compensation for damage for flooding can only be resolved in court.
- Questions regarding the brothel must be resolved by the local police officer.
In any case, there is no need to endure; dissatisfied neighbors have the opportunity to unite and pacify the lawbreaker.
How to write and submit a complaint correctly
No matter what prosperous area or elite house a person lives in, he can always encounter inconvenience caused by people living next door. This includes noise at night, endless repairs, and non-compliance with sanitary standards. People face at least one of these problems. In such situations, it is better to deal with violators collectively.
The requirements for filing collective complaints are not regulated by law, so they are drawn up arbitrarily. However, general rules still exist.
First of all, the complaint must be addressed to the body authorized to resolve such issues. However, if you make a mistake with the institution, the department will be able to independently redirect the document to the correct place. If there are doubts about the correctness of the addressee in the text of the complaint, you need to write down a request for redirection to the appropriate authority.
The text of the complaint states all the violations committed by the neighbor. The claims must be presented in as much detail as possible, indicating all the facts proving that this cannot continue. Here it is important not to allow a personal assessment of what is happening - your hostility is understandable, but in fact it is not relevant. Each sentence must be succinct.
The appeal states a request to take action and influence the offender. You can ask the authorities to hold your neighbor accountable.
The complaint must be accompanied by evidence of a violation of public order. These can be documents, photographs, audio and video recordings. Depending on the situation, SES conclusions, flood reports and other papers may be attached.
As a general rule, a complaint includes three mandatory parts:
- introductory – contains information about the organization to which the complaint is being filed, the full name of the head, the applicant’s details indicating the residence address and contact information;
- descriptive – description of the situation indicating the details of the offender;
- petition - demands to call the neighbor to order and stop violations are indicated.
In the conclusion, it is necessary to include a list of attached evidence, indicate the date and signatures of the persons who filed the complaint.
You can submit a complaint in various ways:
- Visit the department in person.
- Send by registered mail with a list of attachments and acknowledgment of delivery.
- Submit a complaint online, if such an opportunity is provided on the official website of the department.
Complaints submitted in person are processed most quickly. In this case, the document is drawn up in two copies, on one of which the authorized employee indicates the date the complaint was accepted for consideration, the incoming number and his official data.
Rules for drawing up an appeal
A more effective response would be a collective complaint against neighbors. You won’t find a sample of such a document in regulations, but drawing up a complaint is not that difficult if you adhere to a few rules.
Choose the right recipient of the complaint. You shouldn’t write to everyone at once. If you are not entirely sure that the addressee will help, then write the following phrase: “If ... (the addressee) is not authorized to resolve such issues, please forward our appeal to the authorities that are authorized to resolve these issues.”
The text of the appeal should be drawn up to the point, without emotions or speculation. The appeal states only the facts, for example: “Tenant No. ... of apartment regularly walks his dog, for which he does not clean up in the entrance.”
Brevity is the soul of wit. A collective complaint against neighbors (a sample is given below) should be brief and drawn up on 1-2 sheets, no more. If you describe only the facts, then there will be no “water”.
In addition to the facts, it is recommended to substantiate your claims with arguments. It is meant that the text of the document must contain references to regulations, the provisions of which were violated. The same walking of a dog in the entrance falls under Article 6.4 of the Code of Administrative Offences. Be sure to clearly state your requirements.
Before sending the document, be sure to check the text for errors; probably one of your neighbors knows Russian well. Otherwise, the recipient of the complaint may be equally careless about the complaint or even ignore it.
If there are recorded photo and video facts, be sure to attach them.
Evidence base
To increase the likelihood of the issue being resolved in favor of the applicant, all available evidence of the violation of rights should be attached to the complaint.
The evidence base includes:
- photographs and videos of the moment of the offense or its consequences;
- witness's testimonies;
- various certificates, invoice statements, checks for repair expenses and other papers related to this case;
- readings of instruments and sensors recorded on video and photographic equipment.
If you're tired of drinking
A sample of a collective complaint against drunken neighbors might look like this.
“The header of the document with a description of the details and data of the district police officer and applicants
Complaint
We ask that the tenant of apartment No. ... Full name be held administratively liable. This tenant constantly violates the norms of public order; at night noise, music, swearing, and screams can be heard from his apartment. Unknown people constantly come to apartment No. in a drunken state. That is, the tenant's full name leads an immoral lifestyle.
They have been warned about liability for giving a false denunciation, in accordance with Article 306 of the Criminal Code of the Russian Federation.
Full name and signatures.”
Contacting the prosecutor's office
A collective complaint to the prosecutor's office against a neighbor (sample below) is an extreme measure when a local police officer does not respond to repeated requests from residents of a particular house or area.
The main purpose of such a document is to force the district police officer to fulfill his official duties and, of course, to rein in the violator of public order.
The main emphasis in such a document is on the action or inaction of the local police officer. And the actions of a neighbor are secondary.
What documents should I attach?
When filing a collective complaint, in order to more effectively prove the fact of an offense, it is recommended to attach materials that are evidence of accusations against the neighbor’s troublemaker, as well as mandatory documents.
Such materials and documents may be:
- Copies of applicants' civil passports (required).
- Previous complaints that were ignored.
- An official refusal to accept a complaint or a response that does not satisfy the applicants’ demands.
- Expert opinion on noise volume.
- Written statements from other residents.
- Audio or video recordings recording the unlawful actions of the offender.
- Photographs and other video evidence, with disk attachment.
Contacting the SES
Unsanitary conditions at the entrance? Is your neighbor walking his dog in the hallway or in a flowerbed near the house? Simply put, if a neighbor violates sanitary and epidemiological standards, contact the SES. An additional advantage will be the protocol drawn up by the district police officer.
The SES is a state control body that has the right to record offenses by drawing up an act and initiate inspections of other state bodies. In addition, he even has the right to act as a third party in civil proceedings.
A sample of a collective complaint against neighbors can be obtained from the regional office of the SES or downloaded from the website Sanepidemstantsiya.com. On the same website you can file a complaint by selecting the appropriate region.
Contacting the management company or housing office
These organizations are called upon to maintain order in the local areas, and the residents of the house pay them for this. The housing office is obliged to repair entrances, clean them, and monitor the condition of communications and networks. Accordingly, in all matters of damage to public property, it is necessary to contact the management company, for example, if the door at the entrance is broken down, the elevator does not work, even in cases where a neighbor is causing a row or is constantly making noise. Even in the event of flooding by a neighbor on the floor above, it is recommended at the first stage to call representatives of the housing office so that they draw up a report and assess the damage.
How to write a collective complaint against neighbors? Sample below.
“Details of the Housing Office
Full name and apartment number of those applying
Complaint
Despite regular payments for the provision of services to maintain order in the local area and in the entrances, today entrance No. 3 is in disrepair. The front door has been broken into for 3 months, the windows are broken and the walls are painted. Despite the fact that it is known that the door was broken into by the tenant of apartment No. ..., and the windows were broken out by the tenant of apartment No. ..., according to clause ... of the agreement ..., your company undertakes ... Based on the above, we ask you to carry out routine repairs of entrance No. 3 within 1 month.
Full name and signatures.”
If the housing office does not respond, then you can contact Rospotrebnadzor and the Housing Inspectorate.
Review period
If there is a need to conduct several prosecutorial checks, then the period for consideration of a collective appeal can reach 30 days. The period is counted from the moment the application is received.
If the fact of the offense does not require inspections, then applicants must receive a response within 14 days from the date of filing.
If there are compelling reasons, the complaint is considered by the prosecutor immediately upon receipt. If inaccuracies are found in the document, it is returned to the applicant within 7 days from the date of acceptance by the supervisory authority.
To the fire department
If one of the neighbors litters the interfloor areas with unnecessary furniture or construction waste, then this is a direct violation of current fire regulations. Accordingly, neighbors have the right to contact not only the most negligent neighbor, the management company and ask to remove the trash, but also the fire department. After all, debris on the entrance stairs in the event of a fire will impede the free evacuation of residents. Moreover, in most cases, old window frames, furniture, boxes are stored on staircases - these are things that burn very well.
A sample complaint against neighbors is given below.
To the local administration
In most cities, residents of a locality have the opportunity to contact local authorities with almost any problem. If the complaint is subject to consideration at the city level, then local authorities create a commission, the members of which understand the current conflict and forward the appropriate appeal to its destination.
Most often, a collective complaint against neighbors (sample attached) is related to the failure of the management company to fulfill its obligations, against the district police officer if he fails to act in certain situations, in case of aggressive behavior of certain residents or their animals, and so on.
Submission methods
First of all, the complaint can be sent via mail. In this case, it is recommended that the message be issued as a valuable letter; if you expect that you will even have to go to court in the future, then it is better to even draw up an inventory.
You can submit your appeal through the office or an authorized person of the authority where the complaint is filed. In this case, the recipient must mark receipt on the second copy of the document.
It is not recommended to send complaints via email, since not every authority will consider it necessary to consider it, and the sender will not actually have confirmation of sending the document.
Complaint, claim, statement - are there any differences, what are they used for?
The situation is controlled by the federal law “On the procedure for considering appeals from citizens of the Russian Federation.” To exercise your right to contact the authorities of the Russian Federation, “appeals” are used. These include "complaints" and "allegations".
According to paragraph 3 of Article 4 of the above-mentioned Federal Law, a statement is understood as a message about a violation of the legislation of the Russian Federation, shortcomings in the work of state and local government bodies and their officials, or a request for assistance in the implementation of the rights and freedoms established by the Constitution of the Russian Federation, both one’s own and other persons.
Paragraph 4 of the same article defines the concept of “complaint”. By this word, the law means a citizen’s request for the protection or restoration of violated rights, freedoms and interests of both their own and other persons.
Our legislation does not provide a definition of a claim, however, this term is most often found in civil law and is used to resolve a dispute out of court, that is, resolving a controversial situation before going to court. Therefore, a claim should be understood as a requirement to eliminate violations in the performance of an obligation by another person.
According to our legislation, a citizen has the right to send his appeals and complaints to any authorities and organizations, for example, the administration, housing and communal services, or even a store.
There are no differences in the method of sending appeals and claims. They can be transmitted either in person or by post as a regular letter.
