Where to complain if smoke from a fire is constantly coming from a neighboring plot

In the spring, when the dacha season begins, residents suffer from the suffocating smell of smoke and burning fires that neighbors light everywhere. If the smoke comes constantly and interferes with normal life and recreation, and it is not possible to come to an agreement “in an amicable way,” the only thing left to do is complain about the illegal actions of your neighbors. It is not difficult to decide which authorities to contact to file a complaint; there are not many of them.

Some tips

The smoke produced when burning waste has a pungent, unpleasant odor.
When it gets on things, it eats into the fabric and remains in it for a long time. Penetrating through the windows into the apartment, it adversely affects the atmosphere of the room. What to do if neighbors burn garbage, where to complain? The neighbor's actions are illegal and subject to punishment. You can conduct a conversation with the offender yourself. The main thing is not to swear, not to raise your voice, to keep the conversation calm and not to provoke your neighbor into a scandal.

If the conversation does not bring a positive result, you can contact officials or the following organizations:

• to fire authorities;
• to the prosecutor's office;
• to local government bodies;
• a company that maintains the territory;
• to the district police officer.

The request can be made orally or in writing. The second option is more effective; it will require a response from the official. No one will consider anonymous applications. The application is written in any form. The chances of success increase if you attach photographs from the scene and testimony of witnesses.

Prosecutor's office

Well, if after contacting these authorities the issue remains unresolved, it is advisable to write a complaint against your neighbors to the prosecutor’s office. There is no point in going there right away - the application will remain without consideration and will be redirected, depending on the violation, to the authorized body. This happens because the prosecutor’s office, by law, supervises the actions of all the above bodies: how they respect human and civil rights.

It must be borne in mind that in addition to complaining about neighbors to the prosecutor's office, you can also complain about the inaction of officials. This is what they do when the police, the Ministry of Emergency Situations or Rospotrebnadzor left the complaint unanswered or sent a formal reply.

Why is smoke harmful?

In addition to the fact that the smoke from a garbage fire is unpleasant, it is harmful to human health and nature:

• Smoke contains carcinogens, heavy metals, dust, carbon monoxide and benzapylene, which is known to cause cancer.
• When burning garbage, the top vegetation cover is destroyed, including the microorganisms living in it. When naturally rotted, they would become a source of nutrients necessary for the soil.
• If the vegetation cover is destroyed, the depth of soil freezing increases.
• Fires can harm the roots of plants and trees, as well as insects, especially bees.

A fire made from garbage negatively affects processes occurring in nature and harms human health.

Is there a ban

Almost all residents of the private sector burn leaves and other garbage. Janitors who clean high-rise buildings may also violate the ban. It bothers those around you. Burnt garbage gives off an unpleasant odor, and if you hang out the laundry, it will all absorb unpleasant odors, which, of course, leads to a new wash and waste of money. Smoke also makes breathing difficult. According to the current law, setting fire to anything in private sectors, and indeed in general, is prohibited. However, many people break the law.

How to properly burn garbage on a site; we understand the laws

Therefore, burning garbage on your site is a violation of environmental legislation and fire safety rules. All settlements have developed Territory Improvement Rules that prohibit burning garbage.

Such actions are punishable in accordance with the Fire Regulations of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and Order of the Ministry of Emergency Situations of the Russian Federation dated January 26, 2016 N 26. If during the burning private property was damaged or human life was endangered, the violator can be held criminally liable.

Methods

You can complain:

• orally (for example, by talking to a neighbor or calling the Ministry of Emergency Situations);
• in writing (by sending an appeal by registered mail);
• through the Internet.

If your neighbor is too stubborn and does not want to take into account other residents, then you cannot do without drawing up a written complaint or applying via the Internet.

Internet

You can complain on the official website of the selected department, for example the Ministry of Emergency Situations, the regional department of Rospotrebnadzor or the prosecutor's office. Moreover, on the portal of the Federal Ministry of Emergency Situations, you must select the “Appeals from Citizens” section at the top of the main page. Then the category “Form for sending citizens’ appeals to the Ministry of Emergency Situations of Russia.” And then select the desired department from the lists provided.

Rice. 3. The proposed application form on the website of the Ministry of Emergency Situations (using the example of the Belgorod department).

Is it acceptable to burn fires with garbage in the private sector?

If a neighbor burns garbage, this does not mean that he is wrong. It is possible to burn fires with garbage, but they should not harm nature or the residents of neighboring houses. You must first obtain permission from the fire inspectorate, for which you must invite a representative to your site. The combustion process should proceed as follows:

• It is necessary to burn leaves at a distance of at least 50.0 m from residential buildings.
• It is first necessary to clear the site at the work site: remove dry debris and branches within a radius of 10 m.
• Prepare fire extinguishing agents.
• You cannot make a fire on the ground. The leaves are burned in a special barrel, in which holes are first drilled over the entire surface. You will need to put a sheet of metal underneath to protect the plants on the soil. It is recommended to cover the top of the barrel with a fine mesh to avoid the spread of sparks.
• It is preferable to burn in cloudy, windless weather, which will reduce the chances of a fire.
• During combustion, it is recommended to constantly monitor the process to prevent fire.

A less safe and beneficial option is to recycle old leaves by creating a compost pit on the site.

Ministry of Emergency Situations and Police

Of course, you need to contact the police (precinct police officer) and the Ministry of Emergency Situations. They must promptly respond to violations of established fire safety rules, immediately arrive when called and stop illegal actions.

By law, fires can only be lit on site if certain conditions are met. So, the distance to the fence or to the nearest building should be at least 50 meters. You can make a fire only in a tank or barbecue, or in a dug hole and away from trees. Do not use open fire, or burn flammable and flammable liquids, explosive and toxic substances and materials. It is unacceptable to leave a fire unattended.

Fine for burning waste

When burning waste, you must remember that for such actions the legislation provides for a fine in the following amounts:

• penalties for violators amount to 1-1.5 thousand rubles;
• a fine of 6 to 15 thousand rubles may be imposed on legal entities.
• for organizations that have committed violations, the fine is 150-200 thousand rubles.

If a large amount of garbage has accumulated on the site, there are several options for what to do. You can organize a compost pit or contact a specialized transport organization. The law provides for the possibility of burning garbage, but these actions must be coordinated with the fire service.

How to write a complaint against a neighbor on a plot of land to the administration

In order to receive a decision in response to a submitted complaint that will satisfy your requirements, when filing a petition, follow the rules prescribed for this procedure. First of all, file a claim with the owner of a neighboring plot or with a citizen who has entered into a lease agreement who is violating the law by his actions.

If necessary, conduct a land survey, the results of which will be useful to add to the case file if there is a need to resort to court assistance to resolve a conflict situation. You can recover the amount of money that was used to pay for the work of the cadastral engineer from the defendant.

If a neighbor refuses to resolve the conflict peacefully, collect documents that will serve as confirmation that a violation of rights has been recorded, add to this package of papers the response of the owner of the adjacent plot and file a complaint with the administration in charge of the affairs of the area. In order to find out exactly where you need to carry documents, find out which administration the land ownership belongs to, using the coordinates of the plot.

There are several departments that are responsible for handling complaints of this type. But the main body dealing with these issues is the district administration. Employees of the institution will consider the application, study all the details of the situation and make a decision.

Once you have determined the location of the government agency to which the request must be submitted, take care to gather the necessary evidence. If you take care of written confirmation of the facts of violation, the likelihood of emerging victorious in the dispute will increase.

If possible, prepare the following supporting documents:

• protocol;
• a video that clearly shows the violation taking place;
• an audio file containing information about the claims being made;
• witness's testimonies.

What to do if neighbors on the property are obstructing the flow of rainwater?

Read here what to do if your neighbors in your garden are flooded with sewage.

How to write a statement against a neighbor, read the link:

It is especially important to get the support of other citizens living in the neighborhood who believe that their rights have been violated. A collective complaint has greater weight during consideration.

An application containing a complaint against a neighbor is filled out in free form, but some requirements must be met in accordance with which the paperwork is carried out. This will serve as a guarantee that the submitted complaint will be accepted for consideration by the district administration.

If this method fails to eliminate the violation, write a statement of claim to the judicial authority. You can even immediately contact this authority if harm was caused during a violation and there is a need to compensate for the damage caused. However, even in this case, first enlist the support of the owners of neighboring plots, as this will tip the scales in your favor.

In order to succeed in punishing a neighbor who regularly violates your rights, you must correctly file the complaint. Moreover, the style of writing this document is the same for all authorities involved in considering such requests. There is no specific sample for writing an application, nor is there a strict algorithm for filling it out; it is written in free form.

But this paper still has several requirements that must be met:

• At the top right you must write the so-called header of the application, which indicates information about the official to whose name the complaint is being sent (full name), information about the applicant (residence address and full name), telephone number for contact;
• In the center of the face is written the name of the document (complaint or statement) and its essence is deciphered, for example: “Statement of violation of order”;
• Next, write the essence of the problem. Indicate all known information about the citizen who committed the offense (at least his residential address). Next, state the essence of the violation and the procedure for committing it. Events should be listed in the order of their occurrence - from earliest to latest, indicating the date and time when they occurred. Please also provide details of persons directly involved in them;
• Indicate the laws and code articles that were violated. Be sure to mention paragraph 3 of Art. 17 of the Constitution of the Russian Federation, which states that citizens cannot violate the rights and freedoms of others. If a conflict situation has arisen regarding an issue that falls within the scope of housing legislation, then be sure to mark the relevant articles of the Housing Code in the application.

Ask the relevant authorities to help resolve the dispute with your neighbor and sign the complaint.

Negative claim - what is it and who has the right to file it

If this is possible, then they collect documents, after reading which you can understand how the plaintiff’s rights were violated. The SES can help in collecting such papers if, for example, the actions of the defendant caused pollution of the backyard territory of the plaintiff’s dacha, the Department of Housing and Communal Services (However, the plaintiff does not have to prove the defendant’s guilt, it is enough to file a claim).

• on eliminating the consequences of illegal actions that violate the rights of the plaintiff (i.e., the claim concerns some actions committed by the defendant in the past, but their consequences interfere with the plaintiff at the moment);
• to eliminate the interference currently being caused by the defendant;
• on eliminating actions that will certainly lead to infringement of the plaintiff’s property rights in the future.

https://www.youtube.com/watch?v=8oYpvn1WCRc

If after the notification the neighbor appears, then the land surveying procedure is carried out with his participation. In the process, the actual area of ​​the plots is measured and the data obtained is compared with those recorded in the documents. This allows you to accurately establish boundaries and find areas of land that were illegally appropriated by one of your neighbors.

Rospotrebnadzor

Rospotrebnadzor is the executive body exercising state supervision over compliance with sanitary and epidemiological rules and regulations. You can contact the service with a statement about their violation by neighbors or if they themselves are a source of epidemiological risk due to the presence of a dangerous disease spread by airborne droplets or through contact with common objects (door handles, railings, etc.).

Methods for filing a complaint with the Federal Sanitary and Epidemiological Surveillance Authority:

1. By mail - 127994, Moscow, Vadkovsky lane, building 18, buildings 5 ​​and 7.
2. At an appointment with a specialist from the Department of Sanitary Surveillance (Tuesday from 13:00 to 16:00) or the Department of Epidemiological Surveillance (Friday from 10:00 to 13:00) in the building of the central office of the service at the address Moscow, Vadkovsky Lane, building 18, buildings 5 ​​and 7
3. By post or in person at the Rospotrebnadzor Office in the subject (addresses at https://rospotrebnadzor.ru/region/structure/str_uprav.php).
4. Through the electronic petition submission service - https://petition.rospotrebnadzor.ru/petition/.

A complaint in electronic document format is created and sent from the official website of Rospotrebnadzor.
The link provided above offers two options for submitting it: with or without authorization in the Unified Identification and Authentication System (USIA). A claim filed in the first way may become the basis for an unscheduled inspection of the violation. To proceed to its creation, the sender will need an account on the State Services portal. It is through him that authorization in the ESIA takes place.

To file a complaint using the second method, no additional steps are taken. The transition to electronic form is carried out immediately. Next, the applicant will need to enter the following data:

1. Full Name.
2. Contact information - telephone, fax, email (required), postal address.
3. Addressee department (territorial or central office of Rospotrebnadzor).
4. Details of the offense, names and addresses of persons involved in its commission.

You can attach a file or archive of no more than 5 MB in size to an electronic complaint.

Help numbers for registration of written requests:

• 8 (free in Russia);
• 8.

Where to complain?

A conflict situation with neighbors often requires the involvement of authorized bodies. However, there are many special organizations. It is necessary to figure out which body the application needs to be sent to in order to get the desired result.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The right to appeal is given to all neighbors who live in the same building or neighboring apartment buildings. A prerequisite is legal residence in this premises. The applicant must have temporary or permanent registration.

The application can be personal or collective. When filing a collective complaint, you must list the details of all neighbors who signed it (full name, apartment number, signature).

The legislative framework

When appealing illegal actions of neighbors, it is important to refer to the current legislation in your demands. The following legal acts will become relevant:

1. Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 N 52-FZ.
2. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ.
3. “Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ.
4. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N 59-FZ.

Collective appeal

In order for the complaint to have more weight, it can be filed collectively. To do this, you need to talk with other residents and ask whether the illegal actions of a common neighbor are causing them any inconvenience. If the applicant has like-minded people in this, they should also be included in the appeal process.

To draw up a collective complaint, it is enough to correctly formulate the general requirements, list in the “header” the appeals of all applicants (full names and addresses), and under the text, at the bottom of the sheet, ask them all to sign.

If there are a lot of people who want to pacify troubled neighbors, it is recommended to exclude information about the applicants from the introductory block and move it down or to the back of the paper, opposite the signatures.

The more signatures a complaint collects, the higher the likelihood that it will be “heard” by the authorities competent to resolve such issues. And an unscrupulous tenant himself can adjust his behavior under public pressure.